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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY
AND MICHAEL L. GORAL.
WHEREAS, Michael L. Goral is the owner of property within
City of Auburn's Potential Annexation Area; and
is applying to King County for
the
WHEREAS, Michael L. Goral
a Preliminary Plat; and
WHEREAS, Application No. WSC0002-96 has been submitted to
the City of Auburn, Washington, on February 13, 1996
requesting water and/or sewer availability certificates; and
City of Auburn Comprehensive Plan Policy CE-3
as a condition of extending water and/or sewer
WHEREAS,
requires,
service, a legally binding agreement to support annexation to
the City at such time as the City deems appropriate, and
requires agreement to comply with appropriate City development
standards and public facility specifications; and
WHEREAS, RCW 36.70Bo170 defines such an agreement as a
development agreement; and
Ordinance No. 4894
August 2, 1996
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WHEREAS, RCW 36.70B.200 requires approval of development
agreements only after a City has held a public hearing; and
WHEREAS, the City of Auburn City Council has designated
the Planning and Community Development Committee as the
appropriate body to hold these public hearings; and
WHEREAS, after
official newspaper at
the public hearing,
proper notice published in the City's
least ten (10) days prior to the date of
the Planning and Community Development
Committee at a public meeting held on July 22,
a public hearing on the application; and
WHEREAS, at the hearing, the planning
Development Committee heard public
1996, conducted
and Community
testimony and took evidence
and exhibits into consideration of the application;
and
WHEREAS, thereafter the Planning and Community
Development Committee, based upon the Findings of Fact
contained herein, voted to recommend to the City Council that
it approve the agreement which provides for the issuance of
water and/or sewer availability certificates.
Ordinance No. 4894
August 2, 1996
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Water and sewer service is available at the property.
The Public Works Department has determined that water and
sewer service is or can be made available to the
property.
The proposal is consistent with City development
standards. Applicant revised the preliminary plat to
meet City Development Standards.
The proposal is consistent with the City Comprehensive
Plan. Comprehensive Plan Designation in the area is for
Single Family Residential Development.
The property can not be annexed immediately. The
property is approximately one mile from the existing City
limits.
For each of the above reasons, it is the recommendation
of the Planning and Community Development Committee to the
Auburn City Council that authorization for the execution of
the development agreement and the issuance of water and/or
sewer certificates be approved.
Ordinance No. 4894
August 2, 1996
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NOW,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Findings of
approved and incorporated in this Ordinance.
~ The Mayor and City Clerk of
Auburn, Washington, are hereby authorized to
development agreement between the City and Michael L.
A copy of said agreement is attached hereto as Exhibit
incorporated herein by reference.
THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
Fact are herewith
the City of
execute the
Goral.
'A" and
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
~ This Ordinance shall
force five (5) days from and after its
publication, as provided by law.
take effect and be in
passage, approval and
Ordinance NO. 4894
August 2, 1996
Page 4
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ATTEST:
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4894
August 2, 1996
Page 5
PETITION FOR ANNEXATION. O~/~.j~
ANNEXATION AGREEMENT
AND
DECLARATION OF COVENANT
The Agreement executed herein between the City of Auburn, Washington, a mumcipal
corporation, hereinafter referred to as "CITY" and Michael L. Goral and the heirs, assi§ns, 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 anc~exation of the
PROPERTY to the CITY, does hereby agree to the conditions of annexation herein, and does hereby
declare this covenant.
1. ACKNOWLEDGEMENTS AND REPRESENTATIONR
The OWNER does hereby acknowledge and agree as follows:
1.1. The OWNER is the owner of certain PROPERTY which is located outside the
corporate limits of the CITY.
1.2. The OWNER is seeking Preliminary Plat approval from King County for the
PROPERTY.
1.3. The OWNER has requested the CITY to furnish water and sewer services to the
PROPERTY.
1.4. This Agreement to extend water and sewer services outside the corl:,orate limits of
the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a
voluntary agreement pursuant to RCW 52.02.020 and therefore the provisions of RCW 82.02.020
shall not be applied hereto.
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. 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 is
recognized by Washington law.
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4894
Exhibit A - Ordinance No. 4894
August 5, 1996
1.8. Extension of utility services beyond CITY limits is subject to the authority of the
King County E~oundary P, eview Board, and said Board requires that such extensions 'be conditioned
on annexation or efforts toward annexation.
1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or
URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan
pursuant to the King County and Pierce County Countywide Planning Policies.
1.10. It is in the interest of the citizens of the CITY to insure that all public improvements
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 construction standards.
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 herein.
1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the
terms of this PETITION, AGREEMENT AND COVENANT, or upon the invalidation of 1:his PETITION,
AGREEMENT AND COVENANT by judicial action, operation of law or otherwise, the CITY reserves
the right at its' sole discretion to immediately terminate the provision of utility ,~;ervice 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:
The PROPERTY is legally described in Attachment A, attached hereto and
represented by reference as if set forth in full. The OWNER warrant that Attachment A is correct
as fully describing subject PROPERTY.
3. PETITION AND COVENANT FOR ANNEXATION
The OWNER, in consideration of the CITY'S agreement to provide utility service to
the PROPERTY, does hereby petition, agree and covenant as follows:
3.1. The OWNER does hereby 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.
3.2. The OWNER agrees to execute all necessary documents such as letters, notices,
petitions or other instruments initiating, furthering or accomplishing the annexation of the
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Page 2 August 5, 1996
PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be
annexe~t 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 such agreement is to constitute a covenant running with the land,
that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other
instruments. Owner agrees to 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. The OWNER recognizes and a, grees 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.
3.3.1 The OWNER further recognizes that other methods of annexation are allowed under
the laws of the State of Washington, including the election method.
3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an
admission that the OWNER understands the certain rights which the OWNER has regarding the
PROPERTY and that the OWNER is willingly waiving such rights in consideration of: receiving the
described utility services.
3.5. The OWNER understands and agrees that upon annexation by the CITY, the
PROPERTY annexed shall be assessed and taxed at the same rate and on the ,~;ame 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
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Exhibit A - Ordinance No. 4894
August 5, 1996
Covenant obligation set forth herein. Thie Special Power of Attorney i~ not revooabh~ and shall not
bo ~e~u by ~he cti~ob~ity 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.
AGREEMENT AND COVENANT OF CONDITIONS AND MITIGATION MEASURER
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 and covenant as follows:
4.1. None.
5. ~[E~.-E~;L~L~
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 detarmined by the
CITY shall apply.
5.2. Nothing in this agreement shall be construed to create any financiall 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
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Exhibit A - Ordinance No. 4894
August 5, 1996
therewith. It is hereby agreed that the venue of any legal action brought under the terms of this
Agreement shall be King County, Washington. This Agreement shall be governed by the applicable
laws, rules, and regulations of the State of Washington and the CITY.
5.5. The terms and provisions of this PETITION, AGREEMENT AND COVENANT shall
inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the
parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any
subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and
costs.
5.7. Any notice or demand required or permitted to be given under this ~greement 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 intere.~t.
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 contai~ed herein, and
to this end, the terms of this Agreement are declared by the parties to be severable.
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 WHEP~EOF, the OWNER and th.e, CITY hereto have executed this Agreement as
of this --,~'~day of ~/'~..~Y'~ , 19_~
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Exhibit A - Ordinance No. ,4894
August 5, 1996
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
.City Attorney
OWNER:
Michael L. Goral
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Exhibit A - Ordinance No, 4894
August 5, 1996
STATE OF WASHINGTON )
) ss
On this ~ - day of , 1 ~ before me,
the undersigned, a Notary Public in and o th~JState of Washington, duly commissioned and
sworn, personally appeared CHARLES A. BOOTH and ROBIN WOHLHUETER, to me known as the
Mayor and City Clerk, for the City of Auburn, the corporation who executed the withiin 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 oal:h stated that
he is authorized to execute said instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date herein above set forth.
NOTARY PUBLIC in and for t~e State
of Washington, residing
MY COMMISSION EXPIRES: /~-Z"'~-
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Exhibit A- Ordinance No. 4894
August5,1996
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this //~,~--~'~') day of
, 19 ?.~-~before me,
the undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared Michael L. Goral, the OWNER that executed the within arid 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 tha~ 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 ,'~eal on the
date hereinabove set forth.
KARE~I E. HOUSLEY
STATE OF WASHINGTO:~
NOTARY--e-- PUBLIC
(Printed Name)
NOTARY PUBLIC in and for t_~he~State
of Washington, residing at )?~_,J'7~? (.~
MY COMMISSION EXPIRES: ~=~ --//~::~4~;'
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Exhibit A - Ordinance No..4894
August 5, 1996
ATTACHMENT A
LEGAL DESCRIPTION:
THAT PORTION OF LOT 1, KING COUNTY SHORT PLAT No. 1081032, RECORDED UNDER
RECORDING No. 8202220538, IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5
EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SUBDIVISION AND,, THE NORTH
MARGIN OF THE SOUTHEAST 304TH STREET; THENCE NO1 °1S'56"E ALONG THE WEST LINE
THEREOF 700.00 FEET; THENCE S75o38'01 "E 472.02 FEET THENCE S23"16'16"E 664.25 FEET
TO THE NORTH MARGIN OF SAID SOUTHEAST 304TH STREET THENCE N87o52'16"W ALONG
SAID NORTH MARGIN 750.00 TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING WITHIN LOT 2 OF KING COUNTY SHORT PLAT No.
1081032, RECORDED UNDER RECORDING No. 8202220538.
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Exhibit A - Ordinance No. 4894
August 5, 1996