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ORDINANCE NO. 4 8 9 5
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 FINKBEINER DEVELOPMENT.
WHEREAS,
within the City of Auburn's Potential Annexation Area;
WHEREAS, Finkbeiner Development is applying
County for a Preliminary Plat; and
WHEREAS, Application No. WSC0011-96
the City of Auburn, Washington, on April 19,
water and/or sewer availability certificates;
Finkbeiner Development is the owner of property
and
to King
WHEREAS, City of Auburn Comprehensive
requires, as a condition of extending water
service, a legally binding agreement to support
the City at such time as the City deems
requires agreement to comply with appropriate
standards and public facility specifications; and
WHEREAS, RCW 36.70B.170 defines such an agreement
development agreement; and
has been submitted to
1996 requesting
and
Plan Policy CE-3
and/or sewer
annexation to
appropriate, and
City development
as a
Ordinance No. 4895
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 proper notice published in the City's
official newspaper at least ten (10) days prior to the date of
the
Committee at a public meeting held on July 22,
a public hearing on the application; and
WHEREAS, at the hearing, the planning and Community
Development Committee heard public testimony and took evidence
and exhibits into consideration of the application;
WHEREAS, thereafter the Planning and
public hearing, the Planning and Community Development
1996, conducted
Development Committee,
contained herein, voted
it approve the agreement which provides for the
water and/or sewer availability certificates.
and
Community
based upon the Findings of Fact
to recommend to the City Council that
issuance of
Ordinance No. 4895
August 2, 1996
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Water and sewer service is available at the property.
The Public Works Department has determined that sewer
service can be made available to the property and that
water service can be made available to the portion of the
proposal with in our service area.
The proposal is consistent with City development
standards. Staff has determined that in general, the
proposal meets 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 and a half miles 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
CITY OF AUBURN,
Ordinance No. 4895
August 2, 1996
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~ The above cited Findings of Fact
approved and incorporated in this Ordinance.
are herewith
~ The Mayor and City Clerk of the City of
Auburn, Washington, are hereby authorized to execute the
development agreement between the City and Finkbeiner
Development. A copy of said agreement is attached hereto as
Exhibit 'A" and incorporated herein by reference.
~ 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
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
take effect and be in
its passage, approval and
CH/LRLES A. BOOTH
MAYOR
Ordinance No. 4895
August 2, 1996
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published: ~-//~ ~
Ordinance No. 4895
August 2, 1996
Page 5
PETITION FOR ANNEXATION.
ANNEXATION AGREEMENT
AND
DECLARATION OF COVENANT
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The Agreement executed herein between the City of Auburn, Washington, a municipal
corporation, hereinafter referred to as "CITY" and Finkbeiner Development 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 annexation of the
PROPERTY to the CITY, does hereby agree to the conditions of annexation herein, and does hereby
declare this covenant.
1. ACKNOWLEDGEMENTS AND REPRESENTATION~
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 corporate 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 82.02,020 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 rimits 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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Exhibit "A" to Ord 4895
1.8. Extension of utility services beyond CITY limits is subject to the authority of the
King County Boundary Review Board, and said Board requires that such extensions be conditioned
on annexation or efforts toward annexation.
1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or
URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan
pursuant to the King County and Pierce County Countywide Planning Policies.
1.10. It is in the interest of the citizens of the CITY to insure that all 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 OWNE.R 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 this 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 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:
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.
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Exhibit A - Ordinance No. 4895
August 5, 1996
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
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 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 agrees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be includecl 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 OWNFR'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
de 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
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Exhibit A - Ordinance No. 4895
August 5, 1996
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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 AND COVENANT OF CONDITIONS AND MITIGATION MFASURES
The OWNER, in consideration of the CITY'S agreement to provide wa~ter 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. 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 faciJities 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 cost~ 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.
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Exhibit A - O~inance No. 4895
August5,1996
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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. This Agreement shall be governed by the applicable
laws, rules, and regulations of the State of Washington and the CITY.
5.6. 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 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 Agreament shall be
effective as if such term, provision, condition or other portion had not been containad 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 ,WITNE~,~ WHEREOF, the OWNER and the CITY hereto have executed this Agreement as
of t his~_'~of ~-~ ~( ~/,.4,~/,/
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Exhibit A- Ordinance No. 4895
August5,1996
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
Michael J, Reynolds,
City Attorney
OWNER:
FJnkbeiner Development
]~ .E..~E.~J~,v~'.~
Willlam Finkbelner~
TITLE: President
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Exhibit A - Ordinance No. 4895
August 5, 1996
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STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this '~-"~- day of ~_z~/~/.~ , 19~before me,
the undersigned, a Notary Public in and for th6~State 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 within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute said instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
NOTARY PUBLIC in and for tj~ State
of Washington, reeidincj at ~~
MY COMMISSION EXPIRES: -/~L2 ~
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Exhibit A - Ordinance No. 4895
August 5, 1996
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ~]'J'~ day of
, 19 ~(~, before me,
the undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared William Finkbeiner, the President of Finkbeiner Development, the
REPRESENTATIVE 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:
O
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Exhibit A - Ordinance No. 4895
August 5, 1996
ATTACHMENT A
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LEGAL DESCRIPTION:
A PARCEL OF LAND WITHIN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH,
RANGE 5 EAST W.M., IN KING COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 4; THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST
QUARTER SOUTH 89055'00'' EAST 660.72 FEET TO THE NORTHWEST CORNER OF LOT 3 OF
SHORT PLAT NO. 686029, RECORDING NO. 6710230942 RECORDS OF KING COUNTY,
WASHINGTON; THENCE ALONG THE WEST LINE OF SAID LOT 3 SOUTH 00016'02'' EAST
640.46 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE SOUTH LINE
OF SAID LOT 3 SOUTH 89o55'00'' EAST 256.04 FEET TO A POINT OPPOSITE HIGHWAY
ENGINEERS STATION (HEREINAFTER REFERRED TO AS HES) D 207 + 56.35 ON THE D LINE
SURVEY OF SR 18, SOUTHEAST 304TH STREET INTERCHANGE VICINITY AND 496 FEET, MORE
OR LESS SOUTHWESTERLY THEREFROM; THENCE NORTH 00°18'41" WEST 318.96 FEET TO A
POINT OPPOSITE HES D 209 + 94.60 ON SAID D LINE SURVEY AND 424.98 FEET
SOUTHWESTERLY THEREFROM; THENCE NORTH O0° 16'48" WEST 262.78 FEET TO, A POINT
OPPOSITE HES D 212 + O0 ON SAID D LINE SURVEY AND 405 FEET WESTERLY THEREFROM;
THENCE SOUTH 89017'33'' WEST 206.00 FEET TO A POINT OPPOSITE HES D 212 + 00ON
SAID D LINE SURVEY AND 611 FEET WESTERLY THEREFROM; THENCE NORTH O0° 13'40" WEST
PARALLEL WITH SAID D LINE SURVEY 355.01 FEET TO A POINT OPPOSITE HES D 215 + 50
THENCE NORTH 89046'20'' EAST, 580.93 FEET TO THE WESTERLY MARGIN OF 132ND AVENUE
SE; THENCE ALONG SAID WESTERLY MARGIN NORTH 00°13'40" WEST 125,O0 FEFT; THENCE
ALONG A CURVE TO THE RIGHT SAID CURVE HAVING A TANGENT BEARING SOUTH 00o13'40"
EAST, A RADIUS OF 25.00 FEET AND A DELTA ANGLE OF 90°00'00'' ALONG AN ARC DISTANCE
OF 39.27 FEET; THENCE SOUTH 89o46'20" WEST 436.03 FEET TO A POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 431.07 FEET AND A DELTA
ANGLE OF 33o48'44" ALONG AN ARC DISTANCE OF 254.39 FEET; THENCE NORTH 39o58'34"
EAST 68.34 FEET; THENCE NORTH 40o27'23" EAST 129,62 FEET; THENCE NORTH 34o27'45"
EAST 115.99 FEET; THENCE NORTH 48o09'32" EAST, 53.32 FEET; THENCE SOUTH 44°01'19"
EAST 62.49 FEET; THENCE NORTH 45%8'41" EAST 586.26 FEET TO THE WESTERLY MARGIN
OF 132ND AVENUE SE; THENCE ALONG SAID WESTERLY MARGIN NORTH O0° 13'40" WEST
200.00 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE
ALONG SAID NORTH LINE NORTH 69o49'56" WEST 1293.26 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG THE WEST LINE OF SAID NORTHEAST QUARTER SOUTH 00o 18'23" EAST
1313.32 FEET TO THE TRUE POINT OF BEGINNING.
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Exhibit A - Ordinance No. 4895
August 5, 1996