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Home My WebLink About09-05-2006 ITEM VIII-B-2CITYOF.0 _*"* �►1 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4078 Date: August 17, 2006 Department: Attachments: Budget Impact: Public Works Resolution No. 4078 $ 0 Administrative Recommendation: Terrace View has requested that the City allow the transfer of ERUs from the Terrace View Property to City Council introduce and adopt Resolution No. 4078. W0905-1 Background Summary: Terrace View and the City of Auburn executed a Petition for Annexation, Annexation Agreement, and Declaration of Covenant on April 4, 2000 pre -annexation agreement. The Pre -Annexation Agreement granted Terrace View a maximum number of water service connections equal to 419 equivalent residential units (ERUs). Terrace View has since sold a portion of the Terrace View Property which has been developed with apartments which utilize 288 of the 419 ERU units allocated to the Terrace View Developers under the Pre -Annexation Agreement. Development of the balance of the Terrace View Property will riot require the full remaining allocation of water granted under the Pre -Annexation Agreement. Terrace View has requested that the City allow the transfer of ERUs from the Terrace View Property to the Rodarte-Gibson Property and to the CamWest Cobalt Property. W0905-1 04.11 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing _/ Referred to Until _/_/ Tabled Until _/_/ Councilmember: Wagner Staff: Dowdy Meeting Date: September 5, 2006 Item Number: VIII.B.2 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 4078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN, TERRACE VIEW PROPERTIES LLC, AND CAMWEST COBALT, LLC, FOR REALLOCATION OF EQUIVALENT RESIDENTIAL UNITS OF WATER SERVICE WHEREAS, Terrace View and the City of Auburn executed a Petition for Annexation, Annexation Agreement, and Declaration of Covenant on April 4, 2000 (pre -annexation agreement) for the real property owned by Terrace View; WHEREAS, This pre -annexation agreement granted Terrace View a maximum number of water service connections equal to 419 equivalent residential units ("ERUs"); and WHEREAS, Terrace View has since sold a portion of the Terrace View property which has now been developed with apartments utilizing 288 of the 419 ERUs allocated to the Terrace View developers under the pre -annexation agreement; and WHEREAS, development of the balance of the Terrace View Property will not require the full remaining allocation of water; and Resolution No. 4078 August 18, 2006 Page 1 of 3 WHEREAS, Terrace View owned certain property adjacent to the Terrace View property, which it recently sold to CamWest Cobalt; and WHEREAS, Terrace View also owns certain property adjacent to the CamWest Cobalt property known as the Rodarte-Gibson property; and WHEREAS, CamWest Cobalt desires to develop its property and Terrace View desires to develop the Rodarte-Gibson property; and WHEREAS, Terrace View has requested that the City allow the transfer of 66 ERUs from the Terrace View property to the Rodarte-Gibson property and to the CamWest Cobalt property, thereby leaving 65 ERUs available for future development on the balance of the Terrace View property; and WHEREAS, the City Council finds that the reallocation of these previously -allocated ERUs is in the public interest, 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, Terrace View Properties, LLC, and Camwest Cobalt, LLC, For Reallocation of Equivalent Residential Units of Water Service 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. Resolution No. 4078 August 18, 2006 Page 2 of 3 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2006 ATTEST: Danielle E. Daskam, City Clerk I_1 �Z CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 4078 August 18, 2006 Page 3 of 3 AGREEMENT FOR REALLOCATION OF EQUIVALENT RESIDENTIAL UNITS THIS Agreement is made and entered into this day of , 2006 among TERRACE VIEW PROPERTIES LIMITED LIABILITY COMPANY, a Washington limited Liability company ("Terrace View"), CAMWEST COBALT, LLC, a Washington limited liability company ("CamWest Cobalt"), and the CITY OF AUBURN, a municipal corporation of the State of Washington ("City"). I. Recitals A. Terrace View and the City of Auburn executed a Petition for Annexation, Annexation Agreement, and Declaration of Covenant on April 4, 2000 (Pierce County Auditor's File No. 200004280030) ("Pre -Annexation Agreement") for the real property legally described in Attachment A attached hereto and incorporated by reference ("Terrace View Property''). B. The Pre -Annexation Agreement granted Terrace View a maximum number of water service connections equal to 419 equivalent residential units (ERUs), where 1 ERU is defined as a maximum day demand of 717.12 gallons per day. C. Terrace View sold a portion of the Terrace View Property which has now been developed with apartments which utilize 288 of the 419 E:RU units allocated to Terrace View under the Pre -Annexation Agreement. D. Development of the balance of the Terrace View Property will not require—the full- remaining allocation of water granted under the Pre -Annexation Agreement. E. Terrace View owned certain property adjacent to the Terrace View Property legally described in Exhibit A, which it recently sold to CamWest Cobalt ("CamWest Cobalt Property"). F. Terrace View also owns certain property adjacent to the CamWest Cobalt Property legally described in Exhibit A ("Rodarte-Gibson Property"). G. Terrace View desires to develop the Rodarte-Gibson Property and CamWest Cobalt desires to develop the CamWest Cobalt Property. H. Terrace View has requested that the City allow the transfer of 66 ERUs from the Terrace View Property to the Rodarte-Gibson Property and to the CamWest Cobalt Property, thereby leaving 65 ERUs available for future development on the balance of the Terrace View Property. II. Agreement NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the parties hereby agree, as follows: 1. Allocation of Water. The ERUs allocated to Terrace View under the Pre -Annexation Agreement shall be apportioned between Terrace View and CamWest Cobalt as follows: 50 ERUs for the CamWest Cobalt Property 16 ERUs for the Rodarte-Gibson Property 65 ERUs for the balance of the Terrace View Property 2. ERU Requirement. The City acknowledges and agrees that any residential town home development proposed on the CamWest Cobalt Property, the Rodarte-Gibson Property; or the balance of the Terrace View Property shall require no more than 0.67 ERUs per unit; provided, any ERUs required for irrigation uses shall be in addition to the ERUs required for the dwelling units. 3. Other Terms of the Pre -Annexation Agreement. All other provisions of the Pre -Annexation Agreement shall remain unchanged and in full -force and effect, including the obligations under Section 4.8.3. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written. CITY OF AUBURN TERRACE VIEW PROPERTIES LIMITED LIABILITY COMPANY Peter B. Lewis, Mayor Name: Danielle E. Daskam, City Clerk Title: CAMWEST COBALT, LLC Name: Title: EXHIBIT A LEGAL DESCRIPTIONS TERRACE VIEW PROPERTY LOTS 1 AND 2 OF SHORT PLAT AS RECORDED JULY 7, 2003 UNDER RECORDING NO. 200307075003, RECORDS OF PIERCE COUNTY WASHINGTON; SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. AND A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 114 CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NO°31'15"E 1321.65 FEET; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 5 S88057'32"E 624.77 FEET TO THE: TRUE POINT OF BEGINNING; THENCE S11°00'59" W655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL WESTERLY DIRECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699, THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL NORTHERLY DIRECTION TO THE NORTH LINE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTH LINE S88°57'32"E 498.91 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER # 200103295016). LES_ -THAT LAND—DEEDED-TO -THE CITY OF AUBURN UNDER PIERCE' COUNTY AUDITOR'S FILE NO. 200305211190. SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. AND A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NORTH 0031'15" EAST 170.02 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTH 170 FEET OF SAID GOVERNMENT LOT 5 SOUTH 88035'06" EAST 365.69 FEET TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 88035'06" EAST 137.85 FEET TO THE WEST LINE OF THE RIGHT OF WAY LINE: OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639; THENCE FOLLOWING SAID WEST RIGHT OF WAY LINE IN A GENERAL NORTHERLY AND WESTERLY DIRECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639; THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL SOUTHERLY DIRECTION TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. CAMWEST COBALT PROPERTY THE SOUTH'/2 OF THE SOUTH % OF GOVERNMENT LOT 4 IN SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.; EXCEPT THAT PORTION OF SAID SOUTH 1/2 OF THE SOUTH Y2 THAT LIES WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31, THENCE ALONG THE SOUTH LINE THEREOF, SOUTH 88035'13" EAST 285.01 FEET TO THE EAST LINE OF THE SOUTH 164 FEET OF THE WEST 285 FEET OF SAID SOUTH Y2 OF THE SOUTH'/ AND THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE ALONG SAID EAST LINE NORTH 01°53'17" EAST 164.01 FEET; THENCE NORTH 04036'07" EAST 165.35 FEET TO THE TERMINUS OF THIS LINE AT THE SOUTHWEST CORNER OF THE EAST 1000 FEET OF THE NORTH % OF THE SOUTH % OF SAID GOVERNMENT LOT 4; TOGETHER WITH THE EAST 1,000 FEET OF THE FOLLOWING: THE NORTH Y2 OF THE SOUTH Yz AND THE SOUTH 165 FEET OF THE NORTH Y OF GOVERNMENT LOT 4 IN SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. LESS ANY PORTION LYING NORTH OF THE SOUTH LINE OF THE NORTH 15 ACRES OF SAID GOVERNMENT LOT 4; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS PROVIDED BY INSTRUMENT RECORDED UNDER_ RECORDING NO. 2_0050215001468, RECORDS OF KING ON, COUNTY, WASH INGTOW, AND RECORDING _ NO. 200406220478, RECORDS OF PIERCE COUNTY, WASHINGTON. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON RODARTE-GIBSON PROPERTY A PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4, SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; AND OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31, THENCE ALONG THE SOUTH LINE THEREOF S88035'13"E 285.01 FEET TO THE EAST LINE OF THE SOUTH 164 FEET OF THE WEST 285 FEET OF SAID SOUTH HALF OF SAID SOUTH HALF; THENCE ALONG SAID EAST LINE N1053'17"E 164.01 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N4°36'07"E 165.35 FEET TO THE SOUTHWEST CORNER OF THE EAST 1000 FEET OF THE NORTH HALF OF THE SOUTH HALF OF SAID GOVERNMENT LOT 4; THENCE N88038'28"W 292.84 FEET TO THE WEST LINE OF SAID SECTION 31; THENCE IN SAID SECTION 36, ALONG THE NORTH LINE OF THAT PROPERTY DESCRIBED AS PARCEL C IN KING COUNTY AUDITOR'S FEE NUMBER 20000428000489 N89007'18"W 15.30 FEET TO THE EAST LINE OF A STREET S.E. IN AUBURN, WASHINGTON; THENCE ALONG SAID EAST LINE SO°55'04"E 164.81 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED IN KING COUNTY AUDITOR'S FEE NUMBER 9003051794; THENCE ALONG SAID NORTH LINE S88035'13"E 292.24 FEET TO THE TRUE POINT OF BEGINNING. l_1►1 all THE SOUTH 164 FEET OF THE WEST 285 FEET OF GOVERNMENT LOT 4 IN SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.; IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING BETWEEN THE NORTH AND SOUTH LINE OF THE ABOVE DESCRIBED TRACT EXTENDED WESTERLY TO THE PRIMARY STATE HWY. #5 (EAST VALLEY ROAD).