HomeMy WebLinkAbout11-21-2005 ITEM VIII-B-7WASHINGTONA
;,00'
AGENDA BILL APPROVAL FORM
Agenda Subject: . Resolution No. 3943 for WSC04-0017
Date: 11-14-05
Department:
Attachments: Resolution No. 3943, Water/Sewer certificate
Budget Impact:
Planning
application including site plan; public hearing notice, outside
utility extension agreement
Administrative Recommendation:
City Council to approve Resolution No. 3943.
Background Summary: SUBJECT: City File No. WSC04-0017 — Preliminary Plat for the
"Jacobsen property" (proposed 31 lots with tracts) generally located at the intersection of SE 304th Street
and 132nd Avenue S.E.
OWNER: Noble Fir Enterprises LLC
APPLICANT: Integrity Land LLC
ADDRESS: Subject parcels are generally located at the intersection of SE 304`' Street and 132nd Avenue
SE and are separated by a public street right-of-way.
PARCEL NUMBERS: King County Assessor's Parcel Numbers 0321059192; 1021059058; and
0321059012 (the latter parcel will be subject to Lot Line Adjustment through King County).
PROPOSAL: Request for water and sewer availability certificate (outside utility extension agreement) for
a proposed 31 lot preliminary plat (with tracts) in unincorporated King County.
BACKGROUND
The proposal is an outside utility extension agreement related to water and sewer service for a proposed
31 lot preliminary plat in unincorporated King County. The proposal is located within the City's Potential
Annexation Area (PAA) and has requested City water and sewer.
L1121-4 A3.13.20
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
E] Arts Commission COUNCIL COMMITTEES:
❑Building [I M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
Hearing Examiner ❑ Municipal Serv.
El Finance ❑ Parks
u Human Services ® Planning & CD
F
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal El Police
E] Planning Comm. [3 Other
❑Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes [--]No Call for Public Hearing _I_1
Referred to Until 1_I_
Tabled Until__1_1_
Councilmember: Norman Staff: Krauss
Meeting Date: November 21, 2005 Item Number: VIII.B.7
AUBURN *MORE THAN YOU IMAGINED
Subject: Date:
1017 Reso No. 3943 11-14
City of Auburn Comprehensive Plan Policy CE -3 was amended in 2004 to allow for the extension of City
of Auburn utility services beyond the City limits only in specific circumstances (or until such time a joint
planning agreement is in effect between the City and County to ensure city development standards are
applied.)
This policy went into effect January 1, 2005 and allows those applications that do not meet the specific
exceptions and that were submitted prior to the January 1, 2005 date to be processed under a prior
policy. The applicant's proposal does not meet any of the identified exceptions in the Comprehensive
Plan Policy CE -3 but was submitted prior to the January 1, 2005 deadline.
FINDINGS OF FACT
1. The applicant is requesting an outside utility service agreement for a proposed 31 lot preliminary plat
(with tracts) generally located at the intersection of 132nd Avenue SE and SE 304th Street in
unincorporated King County is located in the City of Auburn's Potential Annexation Area (PAA).
The proposal involves parcels that are separated by an existing public street right of way. The applicant
has stated that King County will process the development as one plat application. Therefore, the City is
processing the proposed development under one water/sewer certificate application.
2. Agreements to extend utility services outside the corporate limits of the City are authorized by RCW
35.67.310, RCW 35.91.020 and RCW 35.92.170.
3. The applicant notes that proposed development involves three parcels that presently total
approximately 9.95 acres. One of the three parcels is proposed to be subject of a future lot line
adjustment making the proposed development to involve 8.20 acres. The parcels are located in the City
of Auburn's Potential Annexation Area (PAA). The parcels are zoned "R4" and "R6" in King County (a
portion of the third parcel that will be excluded from the proposal with the lot line adjustment is zoned R1
in King County).
4. City of Auburn Comprehensive Plan Policy CE -3 states the City of Auburn will not provide sewer and/or
water service outside of the city limits except in certain discrete circumstances or until such time the city
and county enter into ajoint planning agreement to ensure that city development standards are met.
This policy went into effect January 1, 2005. However, water/sewer availability certificate applications
submitted prior to that date being processed under a prior City policy. The applicant's proposal was
submitted prior to the January 1, 2005 deadline.
5. As the application was submitted prior to January 1, 2005, it is subject to City of Auburn
Comprehensive Plan Policy CE -3 (Chapter 13 - City Expansion and Annexation) in effect prior to its
amendment in December 2004. The former Comprehensive Plan Policy CE -3 stated, in part,
"The City of Auburn shall require... as a condition of extending sewer and/or water utility service to
properties within the Potential Annexation Area ... (but not adjacent to the City limits)—the signing
of a legally binding agreement to support annexation to the City at such time as the City deems
annexation appropriate. In these cases where immediate annexation is either not required or not
possible, the following conditions shall apply:
a. The property owner/developer shall demonstrate to the City's satisfaction that adequate urban
governmental services (including but not limited to storm and sanitary sewer systems, streets and
arterials, domestic water systems, parks and open spaces, fire and police protection services,
emergency medical services, public schools and public transit services) will be provided to the
development; and
Page
Agenda Subject:
WSC04-0017 Reso No. 3943
Date:
11-14-05
b. The City should pre -zone the subject property and the property owner/developer shall agree to
comply with appropriate City policies, subdivision and zoning requirements where such
requirements are not superseded by applicable County requirements (in the event of significant
conflict between City and County requirements, the City may choose to not extend utility service);
and
c. The property owner/developer shall agree to comply with appropriate City development
standards and public facility specifications where such requirements are not superseded by
applicable County requirements (in the event of significant conflict between City and County
requirements, the City may choose to not extend utility service). Any facilities to be dedicated to
the City of Auburn upon completion (e.g. sewer and water lines and appurtenances) shall be built
strictly according to City standards and specifications."
6. Auburn City Code (ACC) Section 14.18.070(A) identifies the findings that must be made for an
agreement to provide services outside of the City limits can be recommended for signing and states,
"A. The development agreement shall be recommended for signing only if findings of fact are
drawn to support the following:
1. The development is consistent with city development standards; and
2. The development is consistent with the city comprehensive plan; and
3. The property cannot be annexed immediately."
7. An analysis of the proposal against the criteria in ACC 14.18.070(A) follows,
a. The proposal is generally consistent with city development standards. The proposal has been
reviewed by various city departments and satisfies city development standards except for certain
requirements identified in Finding #10 below which reflects city concessions and
accommodations granted to the applicant as part of the agreement.
Conditions should be imposed to ensure the city standards are satisfied.
b. The proposal is consistent with the Auburn Comprehensive Plan. The subject parcels are
designated "Single Family Residential" on the City of Auburn Comprehensive Plan Map. The
proposed development is consistent with the Auburn Comprehensive Plan designation. The
density proposed (31 single family dwellings on 8.2 acres) is approximately 3.8 units/acre. This is
consistent with the City's "Single Family Residential" Comprehensive Plan designation density.
c. The property cannot be annexed immediately. The properties are not adjacent to existing City
limits and there are several intervening parcels between the existing city limits and these parcels.
8. Water/Sewer Utility Service. The Public Works Department has determined that water and sewer
service is or can be made available to the property subject to the following requirements.
Water
The properties are to be served by a looped eight (8) inch diameter main.
In addition to standard distribution system improvements required for the development, a
payback for the fair share costs for improvements to the Lea Hill Intertie Booster Pumping Station
(BPS) will be required.
Sewer
Page 3 of 7
Agenda Subject: Date:
WSC04-0017 Reso No. 3943 11-14-05
• Extension of an eight (8) inch sanitary sewer main from the separate proposed development to
the south is required to provide sanitary sewer service to this proposed development. Should
development of the property to the south not occur, then an alternate proposal for sewer service
to these lots shall be presented to the city for review and approval.
• A temporary construction easement will be required to allow for a bore pit for boring a sewer line
under the existing roadway if required by King County.
• Service is subject to payback agreements and easements
9. Other City standards. In addition to meeting City standards for water and sewer provision, the
outside utility extension agreement should, if granted, be conditioned to address the following
items identified during the review process.
Storm Drainage
• The development shall design all storm drainage facilities to City of Auburn Design and
Construction Standards as depicted in the applicant's site plan (revised date of 10/31/05).
Traffic
For eastern half of the development proposal:
• No direct residential or parcel access shall be allowed to 132"' Ave SE or SE 304th Street
• Internal roads shall be designed to city of Auburn standard for local residential road requiring a
50 -foot right of way and a 90 foot diameter temporary cul-de-sac.
• The easterly terminus of Road "B" (that terminates at the parcel to the east) shall have a type 3
barricade installed and posted to indicate that it will be opened to through access in the future.
• Direct public access from Tract L to 132 n Avenue SE shall be prohibited by means of a type 3
barricade.
• Road "C" shall be a public right-of-way. In the event that King County does not support that
dedication as public right-of-way at this time, the applicant shall dedicate the area as a tract which
shall be dedicated as right of way upon the request of the City of Auburn. Notice to that effect
shall be accomplished by recording that information with the plat and inserting that information in
the title of the individual parcels created within the plat.
For western half of the proposal:
• No direct residential or parcel access shall be allowed to 132 n Ave. SE or to SE 304`h Street
• The internal road shall be designed to city of Auburn standard for a local residential road requiring
a 50 -foot right of way and a 90 -foot diameter cul de sac.
• Vertical and horizontal sight distance triangles for the plat road entry shall be shown on the plat
For both halves:
• Access tracts shall be meet city standards with respect to length, width, improvement and number
of lots served.
• Street lights shall be provided in accordance with city standards.
Page 4 of 7
Agenda Subject: Date:
WSC04-0017 Reso No. 3943 11-14-05
Fire
• All roads and access tracts B. D, E, and M shall be posted as fire lanes in accordance with
Auburn City Code 10.36.175; Tract L shall also be posted as a fire lane if it serves more than 2
lots.
• Lots 15 and 16 will be sprinkled in lieu of a turnaround for tracts D and E
Other
• The calculation and amount of any impact fees, including those for roads and parks, paid to King
County shall be reported to the City.
• All other applicable City development standards shall be complied with.
10. Request for Modifications
The applicant's proposal involves modifications from City design standards. In drafting this outside utility
extension agreement, City staff has reviewed the following modifications and recommends that they be
granted as concessions and accommodations negotiated with the developer as part of the outside utility
extension agreement for the reasons cited herein.
A. Storm
• The City standard would seek to have one pond serving the entire development rather than two.
Allowance of two ponds recognizes that King County standards will place strict limitations on the
applicant's ability to consolidate the two ponds into one.
B. Traffic
• The horizontal radii of the internal road (for the east portion of the proposal) doe not appear to meet
city standards. This is supportable since the road will have limited volumes and provides some speed
mitigation without directly impacting residences. A temporary cul-de sac is also proposed at the
radius curve to help reduce vehicle speeds as they enter the curve, and the applicant indicates
luminaires will be installed to provide better visibility.
CONCLUSIONS
1. The findings of fact indicate that the proposal can be made consistent with City Comprehensive Plan
Policy CE -3.
• Adequate urban services will be provided to the development;
• Development can comply with King County standards for zoning and
permitting; and,
• The applicant shall comply with City public facility standards.
2. The applicant's proposal has met the criteria for the granting of a waterlsewer availability certificate
identified in ACC 14.18.070(A).
RECOMMENDATION
Based on the facts and findings and conclusions of the staff report, staff recommends that the Planning
and Community Development Committee recommend to the City Council approval of the outside utility
extension agreement subject to the following conditions:
1. Water
• The properties are to be served by a looped eight (8) inch diameter main.
Page 5 of 7
Agenda Subject:
WSC04-0017 Reso No. 3943
Date:
11-14
• In addition to standard distribution system improvements required for the development, a
payback for the fair share costs for improvements to the Lea Hill Intertie Booster Pumping Station
(BPS) will be required.
2. Sewer
• Extension of an eight (8) inch sanitary sewer main from the separate proposed development to
the south is required to provide sanitary sewer service to this proposed development. Should
development of the property to the south not occur, then an alternate proposal for sewer service
to these lots shall be presented to the city for review and approval.
• A temporary construction easement will be required to allow for a bore pit for boring a sewer line
under the existing roadway if required by King County.
• Service is subject to payback agreements and easements
3. Storm Drainage
• The development shall design all storm drainage facilities to City of Auburn Design and
Construction Standards as depicted in the applicant's site plan (revised date of 10/31/05).
4. Traffic
For eastern half of the development proposal:
• No direct residential or parcel access shall be allowed to 132nd Ave SE or to SE 304th Street
• Internal roads shall be designed to city of Auburn standard for local residential road requiring a
50 -foot right of way and a 90 -foot diameter temporary cul de sac.
• The easterly terminus of Road "B" (that terminates at the parcel to the east) shall have a type 3
barricade installed and posted to indicate that it wili be opened to through access in the future.
• Direct public access from Tract L to 132nd Avenue SE shall be prohibited by means of a type 3
barricade.
• Road "C" shall be a public right-of-way. In the event that King County does not support that
dedication as public right-of-way at this time, the applicant shall dedicate the area as a tract which
shall be dedicated as right of way upon the request of the City of Auburn. Notice to that effect
shall be accomplished by recording that information with the plat and inserting that information in
the title of the individual parcels created within the plat.
For western half of the proposal:
• No direct residential or parcel access shall be allowed to 132nd Ave. SE or to SE 304`h Street
• The internal road shall be designed to city of Auburn standard for a local residential road requiring
a 50 -foot right of way and a 90 -foot diameter cul de sac.
• Vertical and horizontal sight distance triangles for the plat road entry shall be shown on the plat
For both halves:
• Unless otherwise specified, access tracts shall be meet city standards with respect to length,
width, improvement and number of lots served.
Page
Agenda Subject: Date:
WSC04-0017 Reso No. 3943 11-14-05
• Street lights shall be provided in accordance with city standards.
5. Fire
• All roads and access tracts B, D, E, and M shall be posted as fire lanes in accordance with
Auburn City Code 10.36.175; Tract L shall also be posted as a fire lane if it serves more than 2
lots.
• Lots 15 and 16 will be sprinkled in lieu of a turnaround for tracts D and E
6. Other
• The calculation and amount of any impact fees, including those for roads and parks, paid to King
County shall be reported to the City.
All other applicable City development standards shall be complied with.
Page 7 of 7
RESOLUTION NO. 3943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN OUTSIDE UTILITY EXTENSION
AGREEMENT BETWEEN THE CITY OF AUBURN AND NOBLE
FIR ENTERPRISES LLC (OWNER) AND INTEGRITY LAND LLC
(DEVELOPER) FOR THE EXTENSION OF WATER AND SEWER
SERVICES TO PROPERTY GENERALLY LOCATED AT THE
INTERSECTION OF 132ND AVENUE SE AND SE 304TH STREET
WHEREAS, pursuant to RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170,
cities are authorized to enter into agreements to extend utilities to property outside the
corporate limits of the City, and to develop projects whereby, pursuant to negotiated
agreements, the development standards, including impact fees, SEPA requirements
and mitigation, design standards, phasing issues, review procedures, vesting issues,
and any other appropriate development requirements, are defined; and
WHEREAS, Integrity Land LLC ("Developer"), has a development project for
which water and sewer services are needed, the location of which is generally at the
intersection of 132nd Avenue SE and SE 304th Street (King County Assessor's Parcel
Numbers 0321059192; 1021059058; and 0321059012 (part); and
WHEREAS, it is advantageous for the City and the Developer to reach
agreement on the conditions and applicable standards so that the development
requirements can be planned with certainty, not only as to the more immediate portions
Resolution No. 3943
November 21, 2005
Page 1
of the project, but also as to later planned phases, if any, and as to the types of
improvements that will be built; and
WHEREAS, state law requires that such projects be consistent with current local
regulatory requirements, and the City's Outside Utility Extension Agreement would be
able to assure such consistency, while at the same time fixing requirements for future
planned phases; and
WHEREAS, pursuant to Section 14.18.020 et seq. of the City Code, a public
hearing before the Auburn City Council Planning and Community Development
Committee was held on the 14th day of November, 2005, on the proposed Outside
Utility Extension Agreement, at which public hearing those persons wishing to speak to
the issues were afforded an opportunity to do so; and
WHEREAS, it is in the public interest and best interests of the City to enter into
such an Outside Utility Extension Agreement with Noble Fir Enterprises LLC (property
owners)
and Integrity land LLC ("Developers"),
for extension
of water and
sewer
services
to the development property generally
located at the
intersection of
132nd
Avenue SE and SE 304th Street.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are
hereby authorized to execute an Agreement between the City of Auburn and Noble Fir
Resolution No. 3943
November 21, 2005
Page 2
Enterprises LLC (Owner) and Integrity Land LLC (Developer) for the extension of water
and sewer services to property generally located at the intersection of 132"d Avenue SE
and SE 304th Street, which agreement shall be in substantial conformity with the
Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated
herein by this reference.
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation, including recording the outside utility extension agreement with the real
property records of King County, Washington.
Section 3. This resolution shall be in full force and affect upon passage and
signatures hereon.
SIGNED and DATED this day of , 200_
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 3943
November 21, 2005
Page 3
ATTEST:
Danielle E. Daskam,
City Clerk
Resolution No. 3943
November 21, 2005
Page 4
Return Address: City of Auburn
Planning Deot. 25 West Main Street
Auburn WA 98001
WSC04-0017
Parcel Number(s) 032105-9192 / 032105-9012(oartial)
Additional legal on pane 14
OUTSIDE UTILITY EXTENSION AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Integrity Land, LLC and Jeffrey Jacobsen, Owner and the heirs, assigns, and/or
successors in interest of certain property, hereinafter referred to as "OWNER", is
for and in consideration of the furnishing of utility service by the CITY to certain
property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does
hereby petition for and agree to annexation of the PROPERTY to the CITY, and
does hereby agree to the conditions of annexation herein, and does hereby
declare this covenant.
1. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
1.1. The OWNER is the owner of certain PROPERTY, which is located
outside the corporate limits of the CITY.
1.2. The OWNER is seeking Preliminary Plat approval from King County
for the PROPERTY.
1.3. The OWNER has requested the CITY to furnish water and sewer
services to the PROPERTY, which the owner understands and agrees may be
RES 3943
WSC04-0017
November 14, 2005
Page 1
limited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
1.4. This Agreement to extend water and sewer services outside the
corporate limits of the CITY is authorized by RCW 35.67.310, RCW 35.91.020 and
RCW 35.92.170, and shall not be construed as an agreement pursuant to RCW
82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied
hereto. The OWNER hereby acknowledges the authority of the City to enter into
utility extension agreements pursuant to RCW 35.67.310, RCW 35.91.020 and RCW
35.92.170, and as part of the consideration of the City entering into this
agreement, and the concessions and accommodations of standards otherwise
applicable, the OWNER covenants not to challenge this agreement or the
authority under which it was made. The OWNER also hereby acknowledges that
neither this Agreement nor the action of the CITY to make and/or approve this
Agreement constitutes a land use decision within the meaning and purpose of
the Land Use Petition Act (LUPA), pursuant to RCW Chapter 36.70C. The
concessions and accommodations negotiated by the parties in this Agreement
included, but are not limited to:
A. Storm
• The City standard would seek to have one pond serving the entire
development rather than two. Allowance of two ponds recoqnizes that King
County standards will place strict limitations on the applicant's ability to
consolidate the two ponds into one.
B. Traffic
• The horizontal radii of the internal road (for the east portion of the proposal)
doe not appear to meet city standards. This is supportable since the road will
have limited volumes and provides some speed mitigation without directly
impacting residences. A temporary cul-de sac is also proposed at the radius
curve to help reduce vehicle speeds as they enter the curve, and the
applicant indicates luminaires will be installed to provide better visibility.
RES 3943
W SC04-0017
November 14, 2005
Page 2
1.5. This Agreement does not preclude any evaluation and
determination by the CITY that later development actions or proposals
undertaken by the OWNER may require a determination of significance and
environmental review under SEPA.
1.6. The CITY'S Comprehensive Plan requires annexation or a
commitment to future annexation and compliance with certain other conditions
as a prerequisite for the extension of utility service outside the corporate limits of
the CITY.
1.7. Washington law recognizes a City's requirement of an annexation
agreement or a commitment to future annexation as a condition of extending
utility service outside the corporate limits of the CITY.
1.8. Extension of utility services beyond CITY limits is subject to the
authority of the King County Boundary Review Board, and said Board requires
that such extensions be conditioned on annexation or efforts toward
annexation.
1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION
AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY
in its Comprehensive Plan pursuant to the King County and Pierce County
Countywide Planning Policies.
1.10. It is in the interest of the citizens of the CITY to insure that all
developments which are or could be constructed within the corporate limits of
the CITY or will be ultimately annexed into the CITY, are constructed in
accordance with CITY development standards as defined by section
14.18.006(C) of the Auburn City Code.
1.11. The OWNER'S request for the extension of utility services was duly
considered by the CITY, and it was determined that the furnishing of water and
sewer services to the PROPERTY would be proper upon the fulfilling of all
conditions and covenants herein.
1.12. The OWNER does hereby acknowledge that in the event of violation
or breach of the terms of this OUTSIDE UTILITY EXTENSION AGREEMENT, or
upon the invalidation of this AGREEMENT by judicial action, operation of law or
otherwise, the CITY reserves the right at its sole discretion to immediately
RES 3943
WSC04-0017
November 14, 2005
Page 3
terminate the provision of utility service to the PROPERTY and in such case the
Owner agrees to indemnify and hold the CITY harmless from any and all claims
of any party.
2. PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows: Located at the intersection of
1232nd Avenue SE and SE 3041h Street.
The PROPERTY Is legally described in Attachment A, attached hereto and represented
by reference as if set forth in full. The OWNER warrants that Attachment A is correct as
fully describing subject PROPERTY.
3. PETITION AND COVENANT FOR ANNEXATION
The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby petition, agree and covenant as
follows:
3.1. The OWNER does hereby apply for and petition for annexation of
the PROPERTY to the CITY and thereby agrees, promises and covenants that if at
any time the PROPERTY is included within any area which is being considered for
annexation to the CITY, said OWNER does join in said annexation and by this
PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition
referred to herein is irrevocable. The OWNER recognizes and agrees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be
included as a property to be annexed in the event the PROPERTY is within a
proposed annexation area.
3.2. The OWNER agrees to execute all necessary documents such as
applications, letters, notices, petitions or other instruments initiating, furthering or
accomplishing the annexation of the PROPERTY to the CITY, whether or not the
annexation involves the assumption by the area to be annexed of existing CITY
indebtedness, the application to the area to be annexed of the CITY
Comprehensive Plan and land use controls, and such other conditions as the
CITY may lawfully impose. The OWNER, for him/her/themselves and for
his/her/their heirs, successors and assigns, agrees and covenants with the CITY,
and to the present and future owners of the PROPERTY to which this covenant
RES 3943
WSC04-0017
November 14, 2005
Page 4
relates, that this agreement is to constitute a covenant running with the land,
and shall burden such land that he/she/they shall, whenever so requested,
execute such letters, notices, petitions or other instruments. Owner agrees to
immediately record this document and specifically advise future interests in the
property.
3.3. The OWNER recognizes that the laws of the State of Washington
relating to the annexation of property by a city provides that property may be
annexed to a city if property owners, equal to sixty percent of the assessed
value of property within the area proposed to be annexed, sign a petition for
such an annexation.
3.3.1 The OWNER further recognizes that other methods of annexation are
allowed under the laws of the State of Washington, including the election
method.
3.4. The OWNER understands that the OWNER'S signatures on this
Agreement is an admission that the OWNER understands the certain rights which
the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving
such rights in consideration of receiving the described utility services.
3.5. The OWNER understands and agrees that upon annexation by the
CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and
on the same basis as property within the CITY is assessed and taxed to pay for
any then outstanding indebtedness of the CITY which was contracted prior to, or
existing at, the date of annexation.
3.6 The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby
designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to
the CITY, with full power to do and perform any proper act which the OWNER
may do with respect to the annexation of said real property. The CITY may
exercise this power through its City Clerk or otherwise as the CITY COUNCIL may
direct. This Special Power of Attorney is given for the valuable consideration of
the furnishing of water and/or sewer service by the CITY, and this Special Power
of Attorney is further given as security for performance of the annexation
RES 3943
WSC04-0017
November 14, 2005
Page 5
covenant obligation set forth herein. This Special Power of Attorney is not
revocable and shall not be affected by the disability of the principal.
3.7 The OWNER agrees on his/her/their behalf and on behalf of
his/her/their heirs, successors and assigns that the OWNER will not protest the
future formation of any local improvement district for any or all of the following:
domestic water, sewer service, streets, street lighting and storm water facilities,
including regional detention and water quality facilities, for any district which
includes the PROPERTY affected by this agreement.
4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF
APPROVAL
The OWNER, in consideration of the CITY'S agreement to provide
water and sewer utility services to the PROPERTY, and in recognition of the CITY's
conditions for annexation of the PROPERTY, does hereby agree to comply with
the following:
4.1. Water
The properties are to be served by a looped eight (8) inch diameter main.
In addition to standard distribution system improvements required for the
development, a payback for the fair share costs for improvements to the
Lea Hill Intertie Booster Pumping Station (BPS) will be required.
4.2. Sewer
• Extension of an eight (8) inch sanitary sewer main from the separate
proposed development to the south is required to provide sanitary sewer
service to this proposed development. Should development of the
property to the south not occur, then an alternate proposal for sewer
service to these lots shall be presented to the city for review and approval.
• A temporary construction easement will be required to allow for a bore pit
for boring a sewer line under the existing roadway if required by King
County.
• Service is subject to payback agreements and easements
4.3. Storm Drainage
RES 3943
WSC04-0017
November 14. 2005
Page 6
• The development shall design all storm drainage facilities to City of
Auburn Design and Construction Standards as depicted in the applicant's
site plan (revised date of 10/31/05).
4.4. Traffic
For eastern half of the development proposal.,
• No direct residential or parcel access shall be allowed to 132nd Ave SE or
SE 304th Street
• Internal roads shall be designed to city of Auburn standard for local
residential road requiring a 50 -foot right of way.
• The easterly terminus of Road "B" (that terminates at the parcel to the
east) shall have a type 3 barricade installed and posted to indicate that it
will be opened to through access in the future.
• Direct public access from Tract L to 132nd Avenue SE shall be prohibited by
means of a type 3 barricade.
• Road "C" shall be a public right-of-way. In the event that King County
does not support that dedication as public right-of-way at this time, the
applicant shall dedicate the area as a tract which shall be dedicated as
right of way upon the request of the City of Auburn. Community notice to
that effect shall be accomplished by recording that information with the
plat and inserting that information in the title of the individual parcels
created within the plat.
For western half of the proposal
• No direct residential or parcel access shall be allowed to 132nd Ave. SE or
to SE 304th Street
• The internal road shall be designed to city of Auburn standard for a local
residential road requiring a 50 -foot right of way and a 90 -foot diameter cul
de sac.
RES 3943
WSC04-0017
November 14, 2005
Page 7
• Vertical and horizontal sight distance triangles for the plat road entry shall
be shown on the plat
• Access tracts shall be meet city standards with respect to length, width,
improvement and number of lots served.
• Street lights shall be provided in accordance with city standards.
4.5. Fire
• All roads and access tracts B, D, E, and M shall be posted as fire lanes in
accordance with Auburn City Code 10.36.175; Tract L shall also be posted
as a fire lane if it serves more than 2 lots.
• Lots 15 and 16 will be sprinkled in lieu of the required turnaround for tracts
D and E
4.6. Other
• The calculation and amount of any impact fees, including those for roads
and parks, paid to King County shall be reported to the City.
• All other applicable City development standards shall be complied with.
5. GENERAL PROVISIONS
The OWNER and the CITY do hereby acknowledge and agree to
the following provisions, which apply to the entire Agreement herein.
5.1. The OWNER agrees that all future land use and development on the
PROPERTY will meet all land use and development standards of the CITY. In the
event of a conflict between CITY standards and any applicable County
standards, the more restrictive standards as determined by the CITY shall apply.
5.2. Nothing in this agreement shall be construed to create any financial
obligation on the part of the CITY with regard to annexation, construction of
utility facilities and appurtenances, or any other matter. The OWNER and the
CITY hereby acknowledge that it is the OWNER'S responsibility to finance the
design and construction of utility facilities needed to serve OWNER'S property
consistent with CITY plans and specifications, unless otherwise agreed by the
CITY.
RES 3943
WSC04-0017
November 14, 2005
Page 8
5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and
approval prior to construction, and CITY inspection during construction of all
public improvements as they are built, regardless of the ownership of such
improvements, and shall reimburse the CITY for any reasonable costs incurred in
such plan review and inspection.
5.4. No modifications of this Agreement shall be made unless mutually
agreed upon by the parties in writing.
5.5. If for any reason of any default or breach on the part of either the
OWNER or the CITY in the performance of any of the provisions of this Agreement
a legal action is instituted, the party not prevailing agrees to pay all reasonable
costs and attorney fees and costs in connection therewith. It is hereby agreed
that the venue of any legal action brought under the terms of this Agreement
shall be King County, Washington. The applicable laws, rules, and regulations of
the State of Washington and the CITY shall govern this Agreement.
5.6. The terms and provisions of this OUTSIDE UTILITY EXTENSION
AGREEMENT shall inure to the benefit and become binding upon the heirs,
assigns and/or successors in interest of the parties hereto and is a covenant
running with the land. The OWNER agrees to indemnify and hold the CITY
harmless from any claims that any subsequent purchaser may have as a result
of this Agreement, including CITY's attorney fees and costs.
5.7. Any notice or demand required or permitted to be given under this
Agreement shall be sufficient if given in writing and sent by registered or certified
mail, return receipt requested, to the address of the parties set forth below. Any
notice shall be deemed to have been given on the date it is deposited in the
U.S. Postal Service mail with postage prepaid.
5.7.1 The OWNER warrants that the OWNER will undertake, and be
responsible for, all notifications, including recording, to all parties of interest and
future parties of interest.
5.8. In the event that any term, provision, condition, clause or other
portion of this Agreement be held to be inoperative, invalid, void, or in conflict
with applicable provision, condition, clause or other portion of this Agreement,
and the remainder of this Agreement shall be effective as if such term, provision,
RES 3943
WSC04-0017
November 14, 2005
Page 9
condition or other portion had not been contained herein, and to this end, the
terms of this Agreement are declared by the parties to be severable, PROVIDED
that the extension of utility services by the CITY is expressly conditioned upon the
OWNER and DEVELOPER making the improvements to the PROPERTY in
accordance with the standards described herein; and Failure of the OWNER
and DEVELOPER to do so as promised shall terminate any responsibility on the
CITY's part to provide such utility services.
5.9. Upon execution, this Agreement shall be recorded with the King
County Auditor's office. The OWNER shall be responsible for recording and shall
provide evidence of such recording to the CITY.
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this
Agreement as of this _ day of 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
RES 3943
WSC04-0017
November 14. 2005
Page 10
ATTEST:
Danielle Daskam
City Clerk
STATE OF WASHINGTON )
) ss
COUNTY OF KING J
On this day of , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM,
to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who
executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said City of Auburn, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute said
instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
NAME
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
RES 3943
W SC04-0017
November 14, 2005
Page 11
Owner (s):
Jeffrey Jacobsen
STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this day of , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Jeffrey Jacobsen the OWNER that
executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said OWNER, for the uses and purposes
therein mentioned, and on oath stated that they are authorized to execute said
instrument on behalf of said OWNER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
(Printed Name)
NOTARY PUBLIC in and for the State of Washington,
residing at
MY COMMISSION EXPIRES:
RES 3943
WSC04-0017
November 14, 2005
Page 12
Representative (s):
Integrity Land, LLC
STATE OF WASHINGTON J
) ss
COUNTY OF KING J
On this day of , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared The Representative of Integrity Land,
LLC that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said OWNER, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute
said instrument on behalf of said OWNER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
(Printed Name)
NOTARY PUBLIC in and for the State of Washington,
residing at
MY COMMISSION EXPIRES:
RES 3943
WSC04-0017
November 14, 2005
Page 13
ATTACHMENT A
LEGAL DESCRIPTION
THAT PART OF LOT 4 OF KING COUNTY SHORT PLAT NO. 378132 (REVISED) AS
RECORDED UNDER RECORDING NO. 8007180827 IN THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 21 NORTH, RANGE 5 EAST
W.M., LYING SOUTHEASTERLY OF A LINE DESCRIBED AS:
BEGINNING AT A POINT OPPOSITE HES C 152+00 ON SAID C LINE SURVEY AND 70
FEET SOUTHEASTERLY THEREFROM;
THENCE NORTHEASTERLY PARALLEL WITH SAID C LINE SURVEY TO A POINT
OPPOSITE HES C 154+00 THEREON;
THENCE NORTHEASTERLY TO A POINT OPPOSITE HES C 155+00 ON SAID C LINE
SURVEY AND 85 FEET SOUTHEASTERLY THEREFROM;
THENCE NORTHEASTERLY TO A POINT OPPOSITE HES C 158+00 ON SAID C LINE
SURVEY AND 130 FEET SOUTHEASTERLY THEREFROM;
THENCE NORTHEASTERLY TO A POINT OPPOSITE HES C 163+00 ON SAID C LINE
SURVEY AND 150 FEET SOUTHWESTERLY THEREFROM;
THENCE NORTHEASTERLY TO A POINT OPPOSITE HES C 165+00 ON SAID C LINE
SURVEY AND 80 FEET SOUTHWESTERLY THEREFROM AND THE END OF THIS LINE
DESCRIPTION;
ALSO THAT PART OF THE NORTH HALF OF THE WEST HALF OF THE NORTH HALF OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10,
TOWNSHIP 21 NORTH, RANGE 5 EAST,W.M., LYING SOUTHEASTERLY OF A LINE
DRAWN PARALLEL WITH AND 70 FEET SOUTHEASTERLY, WHEN MEASURED AT RIGHT
ANGLES AND/OR RADIALLY, FROM SAID C LINE SURVEY;
ALSO THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 10 AND THE PART OF LOT 4 OF KING COUNTY SHORT PLAT NO. 378132
(REVISED) RECORDED UNDER KING COUNTY RECORDING NO. 8007180827 IN THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M., DESCRIBED AS:
BEGINNING ON THE EAST LINE OF 132ND AVENUE S.E. AT A POINT OPPOSITE
HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) C 148+58.44
RES 3943
W SC04-0017
November 14, 2005
Page 14
ON THE C LINE SURVEY OF SR 18, S.E. 304TH STREET INTERCHANGE VICINITY AND 70
FEET NORTHWESTERLY THEREFROM;
THENCE NORTHERLY ALONG SAID EAST LINE TO A POINT OPPOSITE HES G
25+49.89 ON THE G SURVEY LINE OF SAID HIGHWAY AND 55 FEET SOUTHEASTERLY
THEREFROM;
THENCE NORTHEASTERLY PARALLEL WITH SAID G LINE SURVEY TO A POINT
OPPOSITE HES G 24+52.83 THEREON;
THENCE NORTHEASTERLY TO A POINT OPPOSITE HES G 22+73.72 ON SAID G LINE
SURVEY AND 80 FEET SOUTHEASTERLY THEREFROM;
THENCE NORTHEASTERLY PARALLEL WITH SAID G LINE SURVEY TO THE NORTH LINE
OF SAID LOT 4 AT OR NEAR A POINT OPPOSITE HES G 21+46 THEREON AND 80 FEET
SOUTHEASTERLY THEREFROM;
THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT ON A LINE DRAWN
PARALLEL WITH AND 80 FEET SOUTHWESTERLY WHEN MEASURED AT RIGHT ANGLES
AND/OR RADIALLY FROM THE D LINE SURVEY OF SAID HIGHWAY, WHICH POINT IS
AT OR NEAR A POINT OPPOSITE HES D 204+34;
THENCE SOUTHEASTERLY PARALLEL WITH SAID D LINE SURVEY TO A POINT
OPPOSITE HES C153+44.80 ON SAID C LINE SURVEY AND 70 FEET NORTHWESTERLY
THEREFROM;
THENCE SOUTHWESTERLY PARALLEL WITH SAID C LINE SURVEY TO THE POINT OF
BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
RES 3943
WSC04-0017
November 14, 2005
Page 15
APPLICATION NO.: _(f/��(% 71_19 012
DATE RECEIVED: _ / VO -_0 V
APPLICATION FEE: $257. T. R. #.
Staff Project Coordinator.
RECEIVED
NOV 1 0 2004
PLANNING DEPARTMENT
Do not write above the line`*'
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (exceptsignatures) OR rt
NEATLY PRINTED IN INK. IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL
PAGES,
THIS IS A REQUEST FOR (check one or both):
— X _ SEWER AVAILABILITY __X_ WATER AVAILABILITY
APPLICANT (Name, Address & Phone): AGENT (Name, Address & Phone):
Jeffrey Jacobsen
18818 SE 287th Street
Kent WA 98042
cell 253-606-6742
home 253-630-7323
GENERAL LOCATION OF DESIRED SERVICE:
Street Address (if known):
Adjacent to the North side of
Parcel No. (Tax ID No.) for the subject property..
1021059058
Richard Proctor
23866 100th Ave SE #43
Kent, WA 98031
cell 253-709-2337
Kendall Ridger Development
Section No., Township, Range in which property is located: NW 1/4, s e 10 TWP 21 N,
TYPE OF APPROVAUPERMIT BEING REQUESTED FROM THE COUNTY:
BUILDING PERMIT
SHORT SUBDIVISION (number of lots: )
X PRELIMINARY PLAT OR PUD (number of lots:
REZONE FROM TO
OTHER (specify):
Water -Sewer Certificate for General Development
Revised 6!372004 Page 4 of 6
DESCRIBE WHY YOU NEED SEWER AND/OR WATER SERVICE. HOW WILL THE
PROPERTY BE USED AFTER SEWER AND/OR WATER IS AVAILABLE? WHAT PLANS DO
YOU HAVE TO DEVELOP THE PROPERTY? (be as specific as you can)
To provide sewer and water service to the proposed Noble
Fir Development. With approval of sewer and water services,
we will proceed with the development process with King
County DES. If approved, develop approximately 20 single
family dwelling lots.
(attach additional sheets if needed)
ALL PERSONS HAVING AN OWNERSHIP INTEREST IN THE PROPERTY MUST SIGN
BELOW:
Name Address
Jeffrey Jacobsen 18818 SE 287th
Kent, WA 98042
Phone
cell 253-606-6742
home 253-630-7323
I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION,
INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
to
n Signature Date
TO BE CONSIDERED COMPLETE, THIS APPLICATION FORM MUST BE ACCOMPANIED BY:
• Complete Legal Description (see Section 4A of the Instructions);
• Site Plan (including information listed in Section 4B of the Instructions);
• Environmental Checklist, unless exempt (see Section 4C of the instructions).
Water -Sewer Certificate for General Development
Revised &W° Page 5 of 6
PLEASE NOTE: THE SITE PLAN MUST ACCOMPANY THIS APPL
LEGAL DESCRIPTION OF THE PROPERTY
The North half of the West Half of the North half of the
Northwest quarter of the Northwest quarter of section 10,
Township 21 North, Range 5 East, W.M., in King County
Washington; except the WEst 30 feet thereof conveyed to Ring
County for road by deed recorded under recording number 2680900
Water -Sewer Certificate for General Development Paget O $
Revised 6wou
CITY OF * **
AUURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000
NOTICE OF PUBLIC
HEARING
The Planning and Community Development Committee of the City Council of the City of
Auburn, Washington, will conduct a public hearing on November 14, 2005 at 5:00 PM in
the Council Chambers of the Auburn City Hall located at 25 West Main Street on the
following:
FILE NO.: WSC04-0017
OWNER / APPLICANT: Jeffrey Jacobsen
18818 SE 287TH ST
Kent WA 98042
LOCATION: Proposal is generally located at the intersection of 132nd Avenue
SE and SE 304th Street and involves parcels separated by a street
right-of-way. (King County Assessor Parcel No's. 0321059192,
1021059058 and part of 0321059012 which is proposed to be
subject to a future boundary line adjustment).
PROPOSAL IS: Application for water/sewer availability certificates from the City of
Auburn for a proposed 31 lot plat (the Jacobsen Property). The
Preliminary Plat will be processed through King County.
The City of Auburn has been asked to provide sewer and/or water to this project. In
order to provide sewer and/or water to this project the City of Auburn must find that the
proposal conforms to appropriate City development standards. Development standards
typically include sewer, water and storm drainage utilities, street construction standards,
access, etc.
At this public hearing, the City will not be deciding or discussing whether the proposal is
consistent with King County requirements such as zoning, land use, wetlands, or the
environmental impacts the project may have upon surrounding properties or
neighborhoods. Only King County has the authority to decide those issues through its
land use process with the developer. Issues involving zoning, land use (i.e. density) and
environmental impacts associated with this proposal must therefore be addressed to .
King County.
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
25 WEST MAIN STREET, AUBURN WA 98001 (253) 931-3090
AUBURN* MORE THAN YOU IMAGINED
.�s�
�fialFlal ; rClll
C$`Sn41� a� m?'Foa ..ltfpEll
��
Oil
V
• � �� sit �_
T�num►�u �r�Bllgx��ai�..�® as$11��i®