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ORDINANCE NO.
4897
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 JERRY PROUTY.
WHEREAS,
City of Auburn's Potential Annexation Area; and
WHEREAS, Jerry Prouty is applying to King
Preliminary Plat; and
WHEREAS, Application No. WSC0014-96
the City of Auburn, Washington, on May 15,
water and/or sewer availability certificates;
Jerry Prouty is the owner of property within the
Comprehensive
of extending water
agreement to support
WHEREAS, City of Auburn
requires, as a condition
service, a legally binding
the City at such
requires agreement
County for a
has been submitted to
1996 requesting
and
Plan Policy CE-3
and/or sewer
annexation to
time as the City deems appropriate, and
to comply with appropriate City development
standards and public facility specifications; and
WHEREAS, RCW 36.70B.170 defines such an agreement
development agreement; and
as a
Ordinance NO. 4897
August 2, 1996
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WHEREAS, the
the Plannin9 and
appropriate body to hold these public hearings; and
WHEREAS, RCW 36.70B.200 requires approval of development
agreements only after a City has held a public hearing; and
City of Auburn City Council has designated
Community Development Committee as the
WHEREAS, after proper notice published in the City's
official newspaper at least ten (10) days prior to the date of
the public hearing, the Planning and Community Development
Committee at a public meetin9 held on July 22,
a public hearing on the application; and
WHEREAS, at the hearing, the planning
1996, conducted
and Community
Development Committee heard public testimony and took evidence
WHEREAS,
Development Committee,
contained herein, voted
and exhibits into consideration of the application;
thereafter, the Plannin~ and.
based upon
to recommend
it approve the agreement which provides for the
water and/or sewer availability certificates.
and
Community
the Findings of Fact
to the City Council that
issuance of
Ordinance No. 4897
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
standards. Applicant revised
meet City Development Standards.
with City development
the preliminary plat to
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 3/4 of a 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. 4897
August 2, 1996
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NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Findings of Fact
approved and incorporated in this Ordinance.
CITY OF AUBURN,
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 Jerry Prouty. A
copy of said agreement is attached hereto as Exhibit ~A" and
incorporated herein by reference.
~9~=t~]]~ 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 take effect and be in
force five (5) days from and after its passage, approval and
as provided by law.
publication,
INTRODUCED:
PASSED:
APPROVED:
Ordinance No. 4897
August 2, 1996
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ATTEST:
o in ohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4897
August 2, 1996
Page 5
CHARLES A. BOO?H
MAYOR
PETITION FOR ANNEXATION,
ANNEXATIONAND AGREEMENT ~~
DECLARATION OF COVENANT
The Agreement executed herein between the City of Auburn, Washington, a municipal
corporation, hereinafter referred to as "CITY" and Jerry ProuW and Larry Bredeson and the heirs,
assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNERS", is
for and in consideration of the furnishing of utility sarvice by the CITY to certain property of the
OWNERS hereinafter referred to as "PROPERTY". The OWNERS do hereby petition for annexation
of the PROPERTY to the CITY, do hereby agree to the conditions of annexation herein, and do
hereby declare this covenant.
1. ACKNOWLEDGEMENTS AN[:) REPRESE-'NTAT]ON,C;
The OWNERS do hereby acknowledge and agree as follows:
1.1. The OWNERS are the owners of certain PROPERTY which is located outside the
corporate limits of the CITY.
1.2. The OWNERS ara seeking Preliminary Plat approval from King County for the
PROPERTY,
1.3. The OWNERS have 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
shail 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 OWNERS 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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Exh/bit "A" to Ord 4897
Exhibit A - Ordinance No. 4897
August 5, 1996
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 OWNERS' 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 OWNERS do 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 harrnless 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, attache.~ hereto and
represented by reference as if set forth in full. The OWNERS warrant that Attachment A is correct
as fully describing subject PROPERTY.
3. PETITION AND COVENANT FOR ANNEXATION
The OWNERS, in consideration of the CITY'S agreement to provide ul:ility service to
the PROPERTY, do hereby petition, agree and covenant as follows:
3.1. The OWNERS do hereby petition for annexation of the PROPERTY to the CITY and
thereby agree, promise and covenant that if at any time the PROPERTY is included within any area
which is being considered for annexation to the CITY, said OWNERS do join in said a~nnexation and
by this PETITION do provide this NOTICE OF INTENT TO ANNEX and that the petition referred to
herein is irrevocable.
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Exhibit A - Ordinance No. ,4897
August 5, 1996
3.2. The OWNERS agree 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 OWNERS, for him/her/themselves and for his/her/their heirs, successors and assigns,
agree(s) 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 runnincj 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 OWNERS recognize 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 OWNERS recognize and agree that by signing
this Agreement, the PROPERTY of the OWNERS 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 OWNERS further recognize that other methods of annexation are allowed under
the laws of the State of Washington, including the election method.
3.4. The OWNERS understand that the OWNERS' signatures on this Agreement is an
admission that the OWNERS understand the certain rights which the OWNERS havo regarding the
PROPERTY and that the OWNERS are willingly waiving such rights in consideration of receiving the
described utility services.
3.5. The OWNERS understand and agree that upon annexation by 1:he 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 OWNERS of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY
as OWNERS' 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 OWNERS 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
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Exhibit A- Ordinance No. 4897
August5,1996
· 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 OWNERS agree on his/her/their behalf and on behalf of his/her/their heirs,
successors and assigns that the OWNERS 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
dis;~rict which includes the PROPERTY affected by this agreement.
4. AGREEMENT AND COVENANT OF CONDITIONS AND MITIGATION MEASURES
The OWNERS, 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, do hereby agree and covenant as follows:
4.1. None.
5. ~J~.~BD~J~
The OWNERS and the CITY do hereby acknowledge and agree to the following
provisions which apply to the entire Agreement herein.
5.1. The OWNERS agree 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 OWNERS and the CITY hereby acknowledge that it is the OWNERS'
responsibility to finance the design and construction of utility facilities needed to serve OWNERS'
property consistent with CITY plans and specifications, unless otherwise agreed by the CITY.
5.3. The OWNERS agree 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.
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Exhibit A - Ordinanc,e No. 4897
August 5, 1996
5.5. If for an,/ reason of any default or breach on the part of either the OWNERS 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 cost,~; in connection
therewith. It is hereby agreed that the venue of any legal action brought under th,s 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 OWNERS agree 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 OWNERS warrant that the OWNERS 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.
5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's
office. The OWNERS shall be responsible for recording and shall provide evidence of such
recording to the CITY.
IN Wz_ylT~,ESS WH~EOF,/,t. lthe OWNEJ~/,i/and the CITY hereto have executed this Agreement
as of this ~c~ay of ~ 19~.
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Exhibit A - OrdinancE; No. 4897
August 5, 1996
CiTY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
Michael J. Reynolds,
City Attorney
OWNERS:
Je~r~ Prouty
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Exhibit A - Ordinance No. 4897
August 5, 1996
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ~-.~-~ day of ~-~ '
, 19~:~? before me,
the undersigned, a Notary Public in and for t~te 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 the State
of Washington, residing at ~
MY COMMISSION EXPIRES: /~-~5-~,~
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Exhibit A - Ordinance No. 4897
August 5, 1996
STATE OF WASHINGTON
)
) ss
COUNTY OF KING ) / )
On this c,~f day of , 19 ~:; before me,
the undersigned, a Notary Public in and for tiC/State of Washington, duly commissioned and
sworn, personally appeared Jerry Prouty and Larry Bredeson, the OWNERS that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said OWNERS, for the uses and purposes therein mentioned, and on oatlh stated that
they are authorized to execute said instrument on behalf of said OWNERS.
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 e~tat.e
of Washington, residing at ~-,~-,~-~
MY COMMISSION EXPIRES: ~//C~'~, i ~;,~
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Exhibit A - Ordinance No. 4897
August 5, 1996
ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL A:
THE EAST 3/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 365 FEET THEREOF;
AND EXCEPT THE NORTH 30 FEET THEREOF.
(BEING KNOWN AS THE NORTHERLY PARCEL OF LOT LINE ADJUSTMENT NO, S90M0164 UNDER
RECORDING NO. 9408260319.)
PARCEL B:
THE SOUTH 365 FEET OF THE EAST 3/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M,,, IN KING
COUNTY WASHINGTON;
EXCEPT THE SOUTH 30 FEET THEREOF FOR COUNTY ROAD.
(BEING KNOWN AS THE SOUTHERLY PARCEL OF LOT LINE ADJUSTMENT NO. S90M0164 UNDER
RECORDING NO. 9408260319.)
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Exhibit A - Ordinance No. 4897
August 5, 1996