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HomeMy WebLinkAbout05-01-2006 ITEM VIII-B-3CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4017. Request for an Outside Utility Extension Date: April 25, 2006 Agreement Department: Planning, Attachments: Resolution No 4017 ; Draft Budget Impact: Building and Community Outside Utility Extension Agreement; Application including Applicant's site plan; Public hearing notice Administrative Recommendation: City Council adopt Resolution No. 4017. Background Summary: SUBJECT. City File No. WSC04-0030 — Outside Utility Extension Agreement for proposed six (6) lot plat located in unincorporated King County. APPLICANT. Robert Hankins Easley Consultants PO Box 1374 Kent, Washington 98035 OWNER. Karnail Singh, Kent, Washington ADDRESS. 12017 SE 304TH STREET PARCEL NUMBER King County Assessor's Parcel Number 092105-9077 PROPOSAL Request for water and sewer availability certificate (outside utility extension agreement) for a proposed six (6) lot plat in unincorporated King County. (NOTE: A six (6) lot plat in King County is processed as a short plat; in Auburn it would be processed as a formal subdivision.) L0501-3 A3.13.8 WSC04-0030 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 ❑ 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: May 1, 2006 Item Number: VIII.B.3 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Resolution No. 4017. Date: April 25, 2006 BACKGROUND The proposal is an outside utility extension agreement related to water and sewer service for a proposed six (6) lot 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 riot 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 that deadline. The Planning and Community Development Committee held a public hearing on the proposed water/sewer availability certificate on Monday, April 24, 2006. There was no public testimony. FINDINGS OF FACT 1. The applicant is requesting an outside utility service agreement for a proposed six (6) lot plat generally located at 12017 SE 304`x' Street 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 subject property was subject to an outside utility extension agreement in 2003 for a single family dwelling only (City File No. WSC03-0006). Single family dwelling water/sewer certificates are processed administratively requiring no city council review or action. The proposed development, however, is for the division of the property into several lots and is therefore being processed as a new application that requires a PCD Committee public hearing and City Council action. 4. The proposed development involves a parcel approximately 1.02 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 "R6" in King County. 5. 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. 6. 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, Page Agenda Subject: Resolution No. 4017. Date: April 25, 2006 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." 7. 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." 8. 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 parcel is; designated "Single Family Residential" on the City of Auburn Comprehensive Plan Map. The Lea Hill Task Force Report (1997) identifies the parcel as appropriate for R2 zoning if and when annexed into the City. The density proposed (6 single family dwellings on 1.02 acres) is approximately six (6) units/acre and is generally consistent with the City's "Single Family Residential" Comprehensive Plan designation and R2 zoning density. 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. 9. Water/Sewer Utility Service. The Public Works Department has determined that water and sewer is available as follows: Water The applicant shall be required to extend an existing eight (8) inch waterline southerly from 304th Street SE to the south property line. No additional extension of the public water system is required. Easements will be required. Sewer The applicant shall extend the existing sanitary sewer main west from an existing manhole located on 304th Street SE, as depicted on the site plan dated 3-21-06, to serve the subject property and proposed lots. Connection charges and easements will be required e3of5 Agenda Subject: Resolution No. 4017. Date: April 25, 2006 10. 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. Storm Drainage • This development is located within the future annexation area for the City of Auburn; therefore as a condition of water and sewer availability, the development shall design all storm drainage facilities to City of Auburn Design and Construction Standards. Traffic • No direct residential access from individual lots shall be permitted to SE 300 Street. • The development will be required to complete a half street improvement to City standards for a non- residential collector road per ACC 12.64. No additional right of way dedication is required. • On street parking shall be prohibited in Tract B. Fire • The entry road (Tract B) into the proposed plat shall be posted as a fire lane in accordance with ACC 10.36.175. • Tract B shall have a minimum 65 foot diameter cul-de-sac turnaround. • Fire hydrants shall be provided as necessary to maintain the city standard of a maximum distance of 600 feet between hydrants (Auburn City Code 13.16.060M). 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. 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 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. The applicant shall be required to extend an existing eight (8) inch waterline southerly from 304 n Street SE to the south property line. No additional extension of the public system required. Easements will be required. 2. Sewer. The applicant shall extend the existing sanitary sewer main west from an existing manhole located on 304`h Street SE as depicted on the site plan dated 3-21-06 to serve the subject property and proposed lots. Connection charges and easements will be required. Page 4 of 5 Agenda Subject: Resolution No. 4017. Date: April 25, 2006 3. Storm Drainage. This development is located within the future annexation area for the City of Auburn; therefore as a condition of water and sewer availability, the development shall design all storm drainage facilities to City of Auburn Design and Construction Standards. 4. Traffic • No direct residential access from individual lots shall be permitted to SE 304'h Street. • The development will be required to complete a half street improvement to City standards for a non- residential collector road per ACC 12.64. No additional right of way dedication is required. • On street parking shall be prohibited in Tract B. 5. Fire • The entry road (Tract B) into the proposed plat shall be posted as a fire lane in accordance with ACC 10.36.175. • Tract B shall have a minimum 65 -foot diameter cul de sac turnaround. • Fire hydrants shall be provided as necessary to maintain the city standard of a maximum distance of 600 feet between hydrants (Auburn City Code 13.16.060M). 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 5 of 5 RESOLUTION NO. 4017 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 KARNAIL SINGH FOR EXTENSION OF WATER AND SEWER SERVICES TO PROPERTY LOCATED AT 12017 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. Karnail Singh, has a development project for which water and sewer services are needed, the location of which is 12017 SE 304TH Street; 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 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. 4017 April 27, 2006 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 and, a public hearing before the Auburn City Council Planning and Community Development Committee was held on the 24th day of April, 2006, on the proposed Outside Utility Extension Agreement, at which public hearing those persons whishing 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 Karnaill Singh, property owner, for extension of water and sewer services to the development property located at 12017 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 Karnail Singh for the extension of water and sewer services to property located at 12017 SE 304TH Street, which agreement shall be in substantial Resolution No. 4017 April 27, 2006 Page 2 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 , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR -------------------------------------- Resolution No. 4017 April 27, 2006 Page 3 ATTEST: Danielle E. Daskam, City Clerk APPR,QVEWAS TO F 'Daniel B. Nei City Attorney Resolution No. 4017 April 27, 2006 Page 4 Return Address: City of Auburn Planning Dept. 25 West Main Street Auburn, WA 98001 WSC04-0030 Parcel Number(s) 092105-9077 Additional legal on page 11 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 Karnali Singh, 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 Short Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. RES 4017 WSC04-0030 April 18, 2006 Page 1 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: 1. The development will not be required to dedicate additional right of way as the existing right-of-way exceeds city standards, nor will the proposal be required to build a half street improvement to a lesser right-of-way width just to exactly meet city standards. 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 RES 4017 WSC04-0030 April 18, 2006 Page 2 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: located at 12017 SE 304th 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: RES 4017 WSC04-0030 April 18, 2006 Page 3 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrE>es 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. 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 RES 4017 WSC04-0030 April 18, 2006 Page 4 the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. ThE� CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 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: RES 4017 WSC04-0030 April 18, 2006 Page 5 4.1. . Water. The applicant shall be required to extend an existing eight (8) inch waterline southerly from 304th Street SE to the south property line. No additional extension of the public system required. Easements will be required 4.2.. Sewer. The applicant shall extend the existing sanitary sewer main west from an existing manhole located on 304th Street SE as depicted on the site plan dated 3-21-06 to serve the subject property and proposed lots. Connection charges and easements will be required 4.3. Storm Drainage. This development is located within the future annexation area for the City of Auburn; therefore as a condition of water and sewer availability, the development shall design all storm drainage facilities to City of Auburn Design and Construction Standards. 4.4. Traffic • No direct residential access from individual lots shall be permitted to SE 304th Street. • The development will be required to complete a half street improvement to City standards for a non-residential collector road per ACC 12.64. No additional right of way dedication is required. • On street parking shall be prohibited in Tract B. 4.5. Fire • The entry road (Tract B) into the proposed plat shall be posted as a fire lane in accordance with ACC 10.36.175. • Tract B shall have a minimum 65 -foot diameter cul-de-sac turnaround. • Fire hydrants shall be provided as necessary to maintain the city standard of a maximum distance of 600 feet between hydrants (Auburn City Code 13.16.060M). 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. RES 4017 WSC04-0030 April 18, 2006 Page 6 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement 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 RES 4017 WSC04-0030 April 18, 2006 Page 7 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 giver) under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable, 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 , 2006. CITY OF AUBURN PETER B. LEWIS RES 4017 WSC04-0030 April 18, 2006 Page 8 MAYOR ATTEST: Danielle Daskam City Clerk APPYOV DU el B. Hei(�f; City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day of , 2006, 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 exE9cute 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 4017 WSC04-0030 April 18, 2006 Page 9 Owner (s): Karnali Singh STATE OF WASHINGTON ) ss COUNTY OF KING On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Karnali Singh 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 4017 WSC04-0030 April 18, 2006 Page 10 ATTACHMENT A LEGAL DESCRIPTION: PARCEL NO. 092105-9077 STR 092105 TAX LOT 77 LOT 2 OF KING COUNTY SHORT PLAT NO. 686076 RECORDING NO. 8610290551 SD SHORT PLAT DAT -N RES 4017 WSC04-0030 April 18, 2006 Page 11 REQUEST FOR CERTIFICATE OF WATER AND/OR SEWER AVAILABILITY FOR GENERAL DEVELOPMENT APPLICATION NO.: DATE RECEIVED: 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): SEWER AVAILABILITY WATER AVAILABILITY APPLICANT (Name, Address & Phone): GENERAL LOCATION OF DESIRED SERVICE: Street Address (if known): Parcel No. (Tax ID No.) for the subject property. AGENT (Name, Address & Phone): Section No., Township, Range in which property is located: TYPE OF APPROVAUPERMIT BEING REQUESTED FROM THE COUNTY. BUILDING PERMIT SHORT SUBDIVISION (number of lots: PRELIMINARY PLAT OR PUD (number of lots: _J REZONE FROM TO OTHER (specify): Water -Sewer Certificate for General Development Revised 5/1W005 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 I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Owner/Agent Signature D o -�S— _t f 4 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 413 of the Instructions); • Environmental Checklist, unless exempt (see Section 4C of the Instructions). Water -Sewer Certificate for General Development Reased 6/1012005 Page 5 of 6 REQUEST FOR CERTIFICATE OF WATER AND/OR SEWER AVAILABILITY FOR GENERAL DEVELOPMENT APPLICATION NO.: L)5C t! _90 0 DATE RECEIVED: -310 _ D APPLICATION FEE: $257. T.R. #: Staff Project Coordktator:�U ***Do not write above the fine*** APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except sh;natures) OR NEATLY PRINTED IN INK. IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL PAGES. THIS IS A REQUEST FOR (check one or both): K SEWER AVAILABILITY X WATER AVAILABILITY APPLICANT (Name, Address 8 Phone): AGENT (Name, Address & Phone): MARK G. BURRIDGE 14229 S.E. 283rd PLACE KENT,WA 98042 (253) 630-5506 f.HARI ES K RIIRRTnr,F 14301 S:E. 283rd. PLACE KENT,WA 98042 (25j) 1638-1932 GENERAL LOCATION OF DESIRED SERVICE: Street Address (if known). 12017 S.E. 304th STREET, AUBURN KA 98001 Parcel No. (Tax ID No.) for the subject property. 0921059077 Section No., Township, Range in which property is located: SECTION '9.0WNSHIP 21,RANGE 5� TYPE OF APPROVAUPERMIT BEING REQUESTED FROM THE COUNTY. BUILDING PERMIT __X_SHORT SUBDIVISION (number of lots: 5 ) PRELIMINARY PLAT OR PUD (number of lots: REZONE FROM TO OTHER (specify): Water -Seaver Certificate for General Developmerd RPage 4 Of 6 Revised &W2M N City of Auburn Planning & Community Development Department 25 West Main Street, Auburn, WA, 98001 (253) 931-3090 Contact: David Osaki, Planning and Community Development Administrator dosaki@auburnwa.gov FOR IMMEDIATE RELEASE: April 17, 2006 PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE NOTICE OF PUBLIC HEARING APRIL 24, 2006 The Planning and Community Development Committee of the City Council of the City of Auburn, Washington, will conduct a public hearing on April 24, 2006 at 4:30 p.m. in the City Council Chambers of Auburn City. Hall located at 25 West Main Street on the following: FILE NO.: WSC04-0030 OWNERS: Kamall Singh, Kent, WA APPLICANT: Robert Hankins Esley Consultants PO Box 1374 Kent, Washington 98035 LOCATION: 12017 SE 304"' Street, Auburn, WA. Parcel number 092105-9077 PROPOSAL IS: Request for water and sewer availability certificate (outside utility extension agreement) for a proposed six (6) lot plat in unincorporated 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. y xv