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