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HomeMy WebLinkAbout12-19-2005 ITEM VIII-B-6CITY OF x ** V R AGENDA BILL APPROVAL FORM n WASHINGTON Agenda Subject: City File No. WSC04-0021 — Outside Utility Extension Date: Agreement for Proposed two 2 lot short plat. December 12, 2005 Department: Attachments: Resolution No. 3958, Outside Utility Budget Impact: Planning Extension Agreement; Application including Applicant's site Ian; Public hearing notice Administrative Recommendation: City Council adopt Resolution No. 3958. Background Summary: APPLICANT: Mr. Frank Boccamazzo 30313 118`n Avenue SE Auburn, WA 98092 ADDRESS: 30313 118TH Avenue SE PARCEL NUMBER: King County Assessor's Parcel Number 7867000006 PROJECT: Request for water and sewer availability certificate (outside utility extension agreement) for a proposed 2 lot short plat in unincorporated King County. BACKGROUND: On December 12, 2005, the Planning and Community Development Committee held a public hearing and recommended that the City Council approve an outside utility extension agreement related to water and sewer service for a proposed two (2) lot short plat in unincorporated King County. The proposal is located within the City's Potential Annexation Area and has requested City water and sewer. 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 but 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 January 1, 2005. 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 [-]PublicWorks ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes [--]No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Norman Staff: Krauss Meeting Date: December 19, 2005 Item Number: Item VIII.B.6 AUBURN *MORE THAN YOU IMAGINED Agenda Subject: WSC04-0021 Boccamazzo Date: December 12, 2005 FINDINGS OF FACT 1. The applicant is requesting an outside utility service agreement for a proposed two (2) lot short plat generally located at the intersection of 118th Avenue SE and SE 304th Street (NW corner) within the City of Auburn's Potential Annexation Area (PAA) in unincorporated King County. 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 proposed development involves a parcel approximately 2.03 acres in size. An existing house is on the property. The parcel is located in the City of Auburn's Potential Annexation Area (PAA) and is zoned "R4" in King County. The applicant indicates that a wetland exists on the property and the proposal is therefore subject to King County's critical areas ordinance when processed through the 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 a joint 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 are being processed under the prior City policy. The applicant's proposal was submitted prior to that timeline. 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 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." Agenda Subject: WSC04-0021 Boccamazzo Date: December 12, 2005 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 to 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 consistent with city development standards. The proposal has been reviewed by various city departments and, if conditioned, satisfies city development standards. 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 (2 single family dwellings on approximately 2.03 acres) is approximately one unit/acre. This is consistent with the City's "Single Family Residential" Comprehensive Plan designation density. The applicant's proposal for a lower density is based in good part on the presence of a wetland. c. The property cannot be annexed immediately. The property is not adjacent to existing City limits and there are several intervening parcels between the existing city limits and this parcel. 8. Water/Sewer Utility Service. The Public Works Department has determined that water and sewer is available as follows: Water Water is available via an 8" water main. Connection charges will be required. Sewer • Sewer is available in 1181b Avenue SE. Connection charges, including payback charges, will be required 9. Other City standards. In addition to meeting City standards for water and sewer provision, the outside utility extension agreement water/sewer certificate should, if granted, be conditioned to address the following applicable items identified during the review process and negotiated with the applicant. Storm Drainage • Single family residential infiltration is required for new lots for storm drainage. Adherence to King County standards is acceptable to the city. Traffic • A total of 7.5 feet of right of way shall be dedicated along the property's frontage on 118th Avenue SE (to allow the existing right of way of 40 feet to be expanded to city standards for a residential collector road). • Street improvements on 118`hAvenue SE are required in accordance with City standards. The City will recommend to King County that the street improvement to 118`h Avenue SE be deferred. • Street improvements on SE 304`h Street are required in accordance with City standards. The City will recommend to King County that the street improvement to SE 304'h Street be deferred. Page 3 of 4 Agenda Subject: WSC04-0021 Boccamazzo Date: December 12, 2005 • If determined to be needed by the King County traffic engineer, a landing area shall be constructed at the intersection of 118th Avenue SE and SE 304`h Street to serve the crossing pedestrian crossing on SE 304'h Street. 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. On December 12, 2005 the Planning and Community Development Committee held a public hearing and recommended approval of the agreement to the City Council, subject to conditions. 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 water/sewer 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 is available via an 8" water main. Connection charges will be required. 2. Sewer is available in 118`h Avenue SE. Connection charges, including payback charges, will be required 3. A total of 7.5 feet of right of way shall be dedicated along the property's frontage on 118`h Avenue SE (to allow the existing right of way of 40 feet to be expanded to city standards for a residential collector road). 4. Street improvements on 118th Avenue SE are required in accordance with City standards. The City will recommend to King County that the street improvement to 118'h Avenue SE be deferred. 5. Street improvements on SE 304`h Street are required in accordance with City standards. The City will recommend to King County that the street improvement to SE 300 Street be deferred. 6. If determined to be needed by the King County traffic engineer a landing area shall be constructed at the intersection of 118th Avenue SE and SE 304`h Street to serve the pedestrian crossing on SE 304th Street. 7. The calculation and amount of any impact fees, including those for roads and parks, paid to King County shall be reported to the City. 8. All other applicable City development standards shall be complied with. APPLICATION NO.: _/,6,)'5 C O — &%O DATE RECEIVED: 12=—(e —0 Y APPLICATION FEE: $257. T. R. #: Staff Project Coordinator: "*Do not write above the line'" APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL PAGES. THIS IS A REQUEST FOR (check one or both): B$ SEWER AVAILABILITY 'fiGJ WATER AVAILABILITY APPLICANT (Name, Address & Phone): IMA Or P �Q AGENT (Name, Address & Phone):N�NG U U0¢ 0, rMFNT GENERAL LOCATION OF DESIRED SERVICE: Street Address (if known): Nor` \ ffF .30313 HF? Ave. 5iF fiu�ucn,U9a q$d4'� Parcel No. (Tax ID No.) for the subject property: 7B6'1DD—Doo6 -- D/ Section No., Township, Range in which property is located: TYPE OF APPROVAUPERMIT BEING REQUESTED FROM THE COUNTY: BUILDING PERMIT _SHORT SUBDIVISION (number oflots: 3 ) PRELIMINARY PLAT OR PUD (number of lots: REZONE FROM TO OTHER (specify): Water -Sewer Certificate for General Development Reviud 6/32004 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) (attach additional sheets if needed) ALL PERSONS HAVING AN OWNERSHIP INTEREST IN THE PROPERTY MUST SIGN BELOW: Name Address Phone 3 /8 SE a,S-73s9�3j o ry c �3-73S-9a3</ I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. &� � 4 � /2/,6- Owner/Agent Signature Dat es /o TO BE CONSIDERED COMPLETE, T IS PPLICATION 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 Page 5 of 6 Revised 6/32004 PLEASE NOTE: THE SITE PLAN MUST ACCOMPANY THIS APPLICATION LEGAL DESCRIPTION OF THE PROPERTY T1he Eo,s-F ILi c -E' cos 1.� 1, Sokxxu a L`,orn@anys Tht� Liddi�ior., 6,c-orb,�t� Water -Sewer Certificate for General Development Revis 4602004 Page 6 of 6 http://www5.metroke.gov/output/parcel_lite_MAPPER22848208827329.gif Page 1 of 1 11/28/2005 S'63 -f - ap"LGgeOleh / V4--- 4owv !/6Z5✓ w 6 RECEIVED OCT 2 4 2005 PLANNING DEPARTMENT C Irk 0 Cck 142,0 CITY OF * AUBURN* Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.oubumwo.gov * 253-931-3000 PUBLIC NOTICE 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 December 12, 2005 at 5:00 p.m. in the City Council Chambers of Auburn City Hall located at 25 West Main Street on the following: FILE NO.: WSC 04-0021 a request for Water and Sewer Availability OWNER: Frank Boccamazo APPLICANT: Frank Boccamazzo LOCATION: Property is located north of 30313 118`" Ave SE, Auburn WA at the northwest corner of the intersection of 118th Avenue SE and SE 304th Street, The parcel number is 786700-0006 PROPOSAL IS: Outside Utility Extension Agreement (water and sewer availability certificate) request for a proposed Short Plat to 2 lots. 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 RESOLUTION NO. 3 9 5 8 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 FRANK BOCCAMAZZO (OWNER) FOR THE EXTENSION OF WATER AND SEWER SERVICES TO PROPERTY GENERALLY LOCATED AT 30313 118TH AVENUE SE (INTERSECTION OF 118" 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, Mr. Frank Boccamazzo (owner), has a development project for which water and sewer services are needed, the location of which is 30313 118th Avenue SE (King County Assessor's Parcel Number 7867000006); and, WHEREAS, it is advantageous for the City and the Owner 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 of the project, but also as to later planned phases, if any, and as to the types of improvements that will be built; and, Resolution No. 3958 December 5, 2005 Page 1 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 12th day of December, 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 Mr. Frank Boccamazzo (Owner), for extension of water and sewer services to the development property located at 30313 118th Avenue SE (intersection of 118th 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 Mr. Frank Boccamazzo (Owner) for the extension of water and sewer services to property located at 30313 118th Avenue SE (intersection of 118th Avenue SE and SE 304th Street), Resolution No. 3958 December 5, 2005 Page 2 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, applicable City codes. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this day of 200_ CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk City Attorney Resolution No. 3958 December 5, 2005 Page 3 Return Address: City of Auburn Planning Dept. 25 West Main Street Auburn, WA 98001 WSC04-0021 Parcel Number(s) 786700-0006 Additional legal on page 11 OUTSIDE UTILITY EXTENSION AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) The east 145 feet of Lot 1, Sound Trustee Company's Third Addition, according to the Plat therefore recorded in Volume 13 of Plats, Page -1 00, in King County, Washinqton; except the north 20 feet thereof. The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as ''CITY" and FRANK R AND JEANETTE H BOCCAMAllO, 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. RES 3958 W SC04-0021 December 7, 2005 Page 1 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.4. This Agreement 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: Single family residential infiltration is required for new lots for storm drainage. Adherence to Kinq County standards is acceptable to the Citv. 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. RES 3958 W SC04-0021 December 7, 2005 Page 2 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 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: North of 30313 118th Avenue SE The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. RES 3958 W SC 04-0021 December 7, 2005 Page 3 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 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. RES 3958 W SC04-0021 December 7, 2005 Page 4 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 some basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 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 RES 3958 W SC04-0021 December 7, 2005 Page 5 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 A total of 7.5 feet of right of way shall be dedicated along the property's frontage on 1 18th Avenue SE (to allow the existing right of way of 40 feet to be expanded to city standards for a residential collector road). 4.2. Street improvements on 1 18th Avenue SE are required in accordance with City standards. The City will recommend to King County that the street improvement to 118th Avenue SE be deferred. 43. Street improvements on SE 304th Street are required in accordance with City standards. The City will recommend to King County that the street improvement to SE 304th Street be deferred. 4.4. If determined to be needed by the King County traffic engineer a landing area shall be constructed at the intersection of 1 18th Avenue SE and SE 304th Street to serve the crossing pedestrian crossing on SE 304th Street. 4.5. The calculation and amount of any impact fees, including those for roads and parks, paid to King County shall be reported to the City. 4.6. 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 RES 3958 WSC04-0021 December 7, 2005 Page 6 consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement 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, RES 3958 WSC04-0021 December 7, 2005 Page 7 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, 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 3958 W SC 04-0021 December 7, 2005 Page 8 ATTEST: Danielle Daskam City Clerk 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 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 3958 W S C 04-0021 December 7, 2005 Page 9 Owner (s): Frank R. Boccamazzo Jeanette H. Boccamazzo 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 Frank R. and Jeanette H. Boccamazzo the OWNERS that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNERS, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNERS. 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 3958 W SC04-0021 December 7, 2005 Page 10 ATTACHMENT A LEGAL DESCRIPTION: Parcel Number 786700-0006 The east 145 feet of Lot 1, Sound Trustee Company's Third Addition, according fo the Plat therefore recorded in Volume 13 of Plats, Page 100, in Kinq Counfy, Washington; except the north 20 feet thereof. RES 3958 W S C04-0021 December 7, 2005 Page 11