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HomeMy WebLinkAbout4933 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ORDINANCE NO. ~ 9 3 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AFFIRMING THE CITY OF AUBURN'S EXECUTION OF DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND SCHNEIDER HOMES, INC.; THE CITY AND LEE AND ANN BAERNY; THE CITY AND JOHN McCLEARY; THE CITY AND PETER NIELSON, ET AL; THE CITY AND RICHARD JAMES; THE CITY AND FINKBEINER DEVELOPMENT; THE CITY AND WALTER SCHROEDER; AND THE CITY AND THOMAS CURTIS. WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of extending water and/or sewer 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 36.70B.170 development agreement; and WHEREAS, RCW 36.70B.200 defines such an agreement as a which took effect in July 1995 after a City requires approval of development agreements only has held a public hearing; and WHEREAS, the City of Auburn City Council has designated the Planning and Community Development Committee as the Ordinance No. 4933 Novenlber 21, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 appropriate body to agreements; and WHEREAS, after hold the public hearings proper notice published on development 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 meeting held on Novembe~ 25, 1996, conducted a public hearing on the affirmation of the nine development agreements; and WHEREAS, at the hearing, the Planning and Community Development Committee heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter, the Planning and Community Development Committee, voted to recommend to the City Council that it affirm, the City's execution of the eight development agreements which provided for the issuance of water and/or sewer availability certificates to the applicant; and WHEREAS, the City did not establish a public hearing process for water and sewer certificate development agreements until June 1996; and Ordinance No. 4933 November 21, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, between July hearing; and WHEREAS, the city signed eight development agreements 1995 and June 1996 without holdin9 a public the City Attorney has recommended that a public hearin9 be held and an ordinance adopted which affirms the City's action in signin9 the development agreements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ~ The Mayor's and City Clerk's execution of the development agreements between the CITY AND SCHNEIDER HOMES, INC.; THE CITY AND LEE /END ANN BAERNY; THE CITY AND JOHN McLEARY; THE CITY AND PETER NIELSON, ET AL; THE CITY AND RICHARD JAMES; THE CITY AND FINKBEINER DEVELOPMENT; THE CITY AND WALTER SCHROEDER; AND THE CITY AND THOMAS CURTIS is hereby affirmed. Copies of these Agreements are attached hereto as Exhibits "A" through "H" and incorporated herein by reference. ~ The Mayor is such administrative procedures out the directives of this hereby authorized to implement as may be necessary to carry legislation. Ordinance NO. 4933 Nove~lber 21, 1996 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This Ordinance shall force five (5) days from and after its publication, as provided by law. INTRODUCED: PASSED: APPROVED: take effect and be in passage, approval and CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 4933 November 21, 1996 Page 4 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 SCHNEIDER HOMES, INC. 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 "PROPERTYT. 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. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the 6wner of certain PROPERTY which is located outside the corporate limits of the CITY. The OWNER is seeking Preliminary Plat approval from King County for the 1.2. PROPERTY. 1.3. PROPERTY. 1.4. The OWNER has requested the CITY to furnish water and sewer services to the 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. GES 2/96 WSC0013-95 Petition for Annexation February 6, 1996 Page 1 ORDINANCE NO. 4933 EXHIBIT "A" 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. 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 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 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 incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. GES 2/96 WSC0013-95 Petition for Annexation February 6, 1996 Page 2 ORDINANCE NO. 4933 EXHIBIT "A" 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 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 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. GES 2/96 WSC0013-95 Petition for Annexation February 6, 1996 Page 3 ORDINANCE NO. 4933 EXHIBIT "A" 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 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 h'unself/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 AND COVENANT OF CONDITIONS AND MITIGATIQ~q 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: GE$ 2~96 WSC0013-95 Petition for Annexation February 6, 1996 Page 4 ORDINANCE NO. 4933 EXHIBIT "A" 4.1. Transportatiou The twenty foot wide private streets shall be paved to CITY construction standards. If constructed with an inverted crown, the center gutter must be concrete, otherwise concrete ~urb and gutter are required. Streets shalI be signed for no parking. The sidewalk construction plans must be approved by the city engineer. OWNER is required to provide binding and continuous covenants, conditions and restrictions that burdens the land which shall provide for a homeowners association, which association shall maintain all streets serving the properties within the plat. After annexation, the CITY may order maintenance, at its sole option. If failure to comply, the CITY may at is sole option undertake and lien costs to the homeowner's association. OWNER shall record this agreement against the property and shall clearly state to its buyers, heirs, successors and assigns that the CITY will not accept the private street as public right of way in the future and OWNER shall indemnify and hold CITY harmless from any claims by buyers, their heirs, successors and assigns including attorney fees and costs. OWNER shall complete half street improvements around the perimeter of the project adjacent to SE 310th Street and 124th Avenue SE. Turn lanes into the development should be considered. OWNER shall provide emergency access between the Single Family and MultiFamily components, which shall be built and designed to standards acceptable to CITY of Auburn Fire Department. OWNER shall provide access to the MultiFamily component from SE 310th Street. It shall be included in plat. 4.2 ~ If OWNER elects to provide an underground vault for storm retention the OWNER must provide that the maintenance of the storm drainage system is the responsibility of the homeowners association. After annexation, the CITY may order maintenance, at its option, if failure to comply, the CITY may undertake and lien costs to the homeowner's association. The agreement must also provide that the vault will be properly abandoned at the association's expense when, and fi, a regional system is available. A non-remonstrance agreement for the potential construction of the regional project shall be executed by OWNER which OWNER shall record and provide it is binding on the buyers, heirs and assigns of OWNER. Irrigation of the bioswale shall be provided by OWNER to ensure proper, year round function. GES 2/96 WSC0013-95 Petition for Annexation February 6, 1996 Page 5 ORDINANCE NO. 4933 EXHIBIT "A" 4.3 Parks The one acre park shall include a basketball court, playground equipment, benches and other furnishings, landscaping and an automatic irrigation system. These components shall be designed and constructed to CITY standards and approved by the Parks and Recreation Department. The park shall be designed by a mutually agreed upon landscape architect hired and paid for by the developer. The park shall be publicly accessible, but privately maintained. At annexation, the land and all equipment, free and clear of ali encumbrances, shall be transferred to CITY ownership by statutory warranty deed and bill of sale at no cost to the CITY and after transfer CITY will assume maintenance responsibilities. The recreational space within the multifamily component shall remain private after annexation with maintenance provided by the homeowner's association. 4.4 Parking Forty-four (44) guest stalls shall be provided for the single family component of the development. This would not include spaces in front of garages and these spaces must be clearly available for use by a visitor to the development. Individual spaces which are located next to a unit will appear to belong to that unit and should not be counted as a guest parking space. The spaces along SE 310th Street can not be counted towards meeting this requirement. Parking spaces for the public park shall be provided. Final location of the public parking spaces shall be approved by the City of Auburn Parks and Recreation Department. 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. GES 2~96 W$C0013-95 Petition for Annexation February 6, 1996 Page 6 ORDINANCE NO. 4933 EXHIBIT "A" 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. 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. GES 2/96 WSC0013-95 Petition for Annexation February 6, 1996 Page 7 ORDINANCE NO. 4933 EXHIBIT "A" 5.8. In the event that any tema, 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 Agreemeht 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 panics 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. GES 2/96 W$C0013-95 Petition for Annexation February 6, 1996 Page 8 ORDINANCE NO. 4933 EXHIBIT "A" IN WI, TNESS WHEREOF, the OWNER and of this f~ day of /~&~ 19~. the CITY hereto have executed this Agreement as CITY OF AUBURN ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: . tqeynolds, City Attorney CHARLES A. BOOTH MAYOR OWNER: SCHNEIDER HOMES, INC. TITLE: President GES 2~96 WSC0013-95 Petition for Anaexation February 6, 1996 Page 9 ORDINANCE NO. 4933 EXHIBIT "A" STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this / day of ~---~.~'~-z:.[,q,,~V ,19/~/~before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH and ROBIN WOI-ILHUETER, 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. ,,'~%....,o/,...:?.~.,,?,.. /I / ,~r -'..~/ NOTARY ~ ~ · .~ 0 ;.o ~ ~r~ted N~e) · .. ea z ... O q NOT~Y PUBLIC ~ ~d for the State of wAo, ',o Was~gton, resid~g at MY COMMISSION E~I~S: GES 2196 WSC0013-95 Petidon for Annexation February 6, 1996 Page 10 ORDINANCE NO, 4933 EXHIBIT "A" STATE OF WASHINGTON ) )ss GERALD E. SCHNEI])ER, the President of SCHNEIDER HOMES, INC., 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 he is 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 EX n S: GES 2/96 W$C0013-95 Petition for Annexation February 6, 1996 Page 11 ORDINANCE NO. 4933 EXHIBIT "A" ATTACHMENT A ". .......................... .'~O~ LEGAL DESCRIPTION: The west half of the east half of the southwest quarter of the southeast quarter of the northwest quarter of Section 9, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet thereof conveyed to King County by deed recorded under Recording Number 5407405. The north half of the north half of the southeast quarter of the southeast quarter of the northwest quarter of Section 9, Township 21 North, Range 5 East, W. M., in King County, Washington; EXCEPT the east 30 feet thereof conveyed to King County by deed recorded under Recording Number 6188794; AND the east half of the east half of the southwest quarter of the southeast quarter of the northwest quarter of Section 9, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT the south 30 feet thereof conveyed to King County by deed recorded under Recording Number 5417451. The south half of the north half of the southeast quarter of the southeast quarter of the northwest quarter of Section 9, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof lying east of the west line of that portion conveyed to King County for road by Deed recorded under Recording number 6195702. The north half of the south half of the southeast quarter of the southeast quarter of the northwest quarter of Section 9, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof lying east of the west line of that portion conveyed to King County for road by Deed recorded under Recording Number 6192848. GES 2/96 WSC0013-95 Petition for Annexation February 6, 1996 Page 12 ORDINANGE NO. 4933 EXHIBIT "A" 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 Lee Baerny and Ann Baerny and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to es "OWNERS", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNERS hereinafter referred to as "PROPERTY". The OWNERS do hereby petitic, n 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 AND REPRESENTATIONS 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 are 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 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 OWNERS may require a determination of significance and enviror~mental review under SEPA, 1,6. The CITY'S Comprehensive Plan requires annexation or a comrniitment 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, F LB & AB 11/95 W$C0015-95 11/08/95 Page 1 ORDINANCE NO. 4933 EXHIBIT"B" 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 Coun{y 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. 1.1 1. 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 hsrmless 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 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 ~tility 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 annexation and by this PETITION do provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. 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 LB & AB 11/95 WSC0015-95 ORDINANCE NO. 4933 11/08/95 Page 2 EXHIBIT "B" PROPERTY to the CITY, whether or not the annexation involves the assumption b.y 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 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 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 a~'e 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 have 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 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 indabtedne.~s of the CITY which was contracted pdor to, or existing at, the date of~nnexation. 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 CI']r'Y 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 LB & AB 11/95 WSCOO15-95 11/08/95 ORDINANCE NO. 4933 Page 3 EXHIBIT "B" 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 district which includes the PROPERTY affected by this agreement. 4. AGREEMENT AND COVENANT OF CONDITIONS AND MITIGATION MEASURE,~ 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. 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 tha 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 shall be construed to financial agreement create any 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' ~,4 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 a~ow 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 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 costs in connection LB & AB 11/95 WSCO015-95 11/08/95 ORDINANCE NO. 4933 Page 4 EXHIBIT "B" 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 13y 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 WITNESS WHEREOF, the OWNERS and the CITY hereto have executed this Agreement as of this __.day of , 19 .. LB & AB 11/95 WSC0015-95 11/08/95 Page 5 ORDINANCE NO. 4933 EXHIBIT"B" CITY OF AUBURN CHARLES a. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney OWNERS: LB & AB 11/95 WSC0015-95 11/08/95 Page 6 ORDINANCE NO. 4933 EXHIBIT"B" Ann Baerny ~' LB & AB 11/95 WSC0015-95 11/08/95 Page 7 ORDINANCE NO. 4933 EXHIBIT"B" STATE OF WASHINGTON ) ss COUNTY OF KING ) On this ,/-~'~ day of the undersigned, a Notary Public in and for the 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. --JF.;;;;;;-ET, L. ~7,A;JOIS NOTARY PUBLIC in and for the State Of Washington, residing at MY COMMISSION EXPIRES: LB & AB 11/95 WSC0015-95 11/08/95 Page 8 ORDINANCE NO. 4933 EXHIBIT"B" STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ~-~ day of. , 1 9~1~-, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Lee Baerny and Ann Baerny, 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 oath 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. JEANNE DEN!SE DURAL[ STATE OF WAS,UJNGTON NOTARY --.-. PUBLIC ~ Commission Expires 526-99 (Printed Name) NOTARY PUBLIC in and for the of Washington, residing at MY COMMISSION EXPIRES: LB & AB 11/95 WSCO015-95 11/08/95 Page 9 ORDINANCE NO. 4933 EXHIBIT "B" ATTACHMENT A LEGAL DESCRIPTION: Lots 9 and 10, Block 3, C.D. Hillman's Auburdale Addition to the City of Seattle, Division No. 1, according to the plat thereof, recorded in Volume 13 of plats, page(s) 62, in King County, Washington; Except the south 185 feet of the east 220 feet of said lot 9. LB & AB 11/95 WSC0015-95 11/13/95 Page 10 ORDINANCE NO. 4933 EXHIBIT "B" PETITION FOR ANNEXATION. ANNEXATION AGREEMENT AND DECLARATION OF COVENANT RECEIVED JUL 3 11995 T'he Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and John M. McCleary and Nancy McCleary 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 service 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 AND REPRESENTATIONS 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 are seeking Boundary Line Adjustment 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 d~ot 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 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. JMM/NM O6/95 WS¢0016-95 06/28/95 Page I ORDINANCE NO. 4933 EXHIBIT "C" 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 are constructed in accordance with CITY construction standards. 1.11. The OWNERS' request for the extension of utility services was duly considered by the Director of Planning and Community Development, 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. 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 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 utility 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 annexation and by this PETITION do provide this NOTICE OF INTENT TO ANNEX. 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 JMM/NM 06/95 WSC0016-95 06/28/95 ORDINANCE NO. 4933 Page 2 EXHIBIT "C" 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 running with the land, that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments 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. 3.4. The OWNERS understand that the OWNERS' signatures on this Agreement is an admission that the OWNERS understand the certain rights which the OWNERS have 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 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 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 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 JMM/NM 06/95 WSCO016-95 06/28/95 Page 3 ORDINANCE NO. 4933 EXHIBIT "C" ir'nprovement district for any or all of the following: domestic water, sewer service, streets, st'reet lighting and stormwater 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 MEASURE,~ 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. ~ 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. 5.5. If for any 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 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. JMM/NM 06~95 WSC0016-95 06/28/95 Page 4 ORDINANCE NO. 4933 EXHIBIT"C" 5.6. The terms and provisions of this PETITION, AGREEMENT AND COVENANT s~all inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto. 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. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, inv~lid, 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 WITNESS WHEREOF, the OWNERS and the CITY hereto have executed this Agreement as of this '~' dayof , 19~'~' JMM/NM 06/95 WSC0016-95 06/28/95 Page 5 ORDINANCE NO. 4933 EXHIBIT"C" CITY OF AUBURN ~'Directo~ Department of Planning and Community Development 25 West Main Street Auburn, WA 98001 OWNERS: Nancy McCleary 10733 S.E. 304th Street Auburn, Washinnton 98092 JMM/NM 06/95 WSCO016-95 06/28/95 Page 6 ORDINANCE NO. 4933 EXHIBIT "C" STATE OF WASHINGTON COUNTY OF KING On ) ) ss ) day of ~ 19~,, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PAUL KRAUSS, to me known as the Director of Planning and Community Development 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. 0 NOTARY PUBLIC in and for the State of Washington, residing at King County MY COMMISSION EXPIRES: 01-29-98 JMM/NM O6/95 WSC0016-95 06/28/95 Page 7 ORDINANCE NO. 4933 EXHIBIT"C" STATE OF WASHINGTON ) ss COUNTY OF KING ,.~_ ) ,) .,,., On this 't~'= day of/_l/v,~ ,19c'r~, before re.e, the undersigned,.a Notary Public in and fo[,Jhe Sta~ of Washington, duly commissioned and sworn, personally appeared John M. McCleary and Nancy McCleary, 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 oath 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. (Pri~ame) NOTARY PUBLIC in and for the S :t..a~/.,,.;/'. / of Washington, residing at MY coMM,ss,oN EXP,RES: JMM/NM 06/95 WSCO016-95 06/28/95 Page 8 ORDINANCE NO. 4933 EXHIBIT "C" ATTACHMENT A LEGAL DESCRIPTION: Lots 1 and 2 of King County Short Plat Number 376056, recorded under Recording Number 7606250642. Said Short Plat being a portion of: The East 175 feet of Lots 9 and 10, Block 4, Hillman's Auburndale Division Number 1, according to the Plat thereof recorded in Volume 13 of Plats, page 62, in King County, Washington; Except the South 81,35 feet thereof. JMM/NM 06/95 WSC0016-95 06/28/95 Page 9 ORDINANCE NO. 4933 EXHIBIT"C" PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT PN/FN/~NS/JS - JUL-95 WSCO017-95 07/24./95 Page 1 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Peter Nielson, Francis Nielson, Judith Smith, and William Smith 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 service 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 AND REPRESENTATION~ 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 are seeking Boundary Line Adjustment 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 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 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. ORDINANCE NO. 4933 EXHIBIT "D" 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 are constructed in accordance with CITY construction standards. 1.11. The OWNERS' request for the extension of utility services was duly considered by the Director of Planning and Community Development, 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. 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 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 utility 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 annexation and by this PETITION do provide this NOTICE OF INTENT TO ANNEX. 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 PN/FN/WS/JS - JUL-95 WSC0017-95 07/24/95 Page 2 ORDINANCE NO. 4933 EXHIBIT "D" ar~nexed of existing CITY indebtedness, the application to the area to be annexed o£ the CTTY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNERS, for him/her/themselves end for his/her/their heirs, successors and essigns, 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 running with the land, that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments 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. 3.4. The OWNERS understand that the OWNERS' signatures on this Agreement is an admission that the OWNERS understand the certain rights which the OWNERS have 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 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 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 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 PN/FN/WS/JS - JUL-95 WSCO017-95 07/24/95 Page 3 ORDINANCE NO. 4933 EXHIBIT "D" ,improvement district for any or all of the following: domestic water, sewer service, streets, ['treet lighting end 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 MEASURE~ 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. ~u~LEJ~L~J~3~ 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. 5,5. If for any 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 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. PN/FN/WS~S-JUL-95 WSC0017-95 07/24/95 Page 4 ORDINANCE NO. 4933 EXHIBIT"D" 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. 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 r~otice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 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 ar~ 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 WITNESS WHEREOF, the OWNERS and the CITY hereto have executed this Agreement as of this ~' day of /'4,~ ~f. , 19 ~;51 PN/FN/WS~S-JUL-95 WSC0017-95 07/24/95 Page 5 ORDINANCE NO. 4933 EXHIBIT"D" CITY OF AUBURN Director Department of Planning and Community Development 25 Wes~ Main Street Auburn, WA 98001 OWNERS: Peter Nielsen Francis Nielsen 31601 - 116th Avenue S.E. Auburn. Washineton 98092 Or Judith Smith 31645 - 116th Avenue S.E. Auburn. Washington 98092 William Smith 31711 - 116th Avenue S.E, Auburn. WashinQton 98092 PN/FN/WS/JS - JUL-95 WSC0017-95 07/24/95 Page 6 ORDINANCE NO. 4933 EXHIBIT "D" STATE OF WASHINGTON ) ) ss COUNTY OF KING Onthis c~. -,.~'TL'~ dayof ~ , 19~'~,, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PAUL KRAUSS, to me known as the Director of Planning and Community Development for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and volunta~ 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 fo~h. NOTARY PUBLIC in and for the State of Washington, residing at Kina County MY COMMISSION EXPIRES: 01-29-98 PN/FN/WS/JS - JUL-95 WSC0017-95 07/24/95 Page 7 ORDINANCE NO. 4933 EXHIBIT "D" STATE OF WASHINGTON ) ) ss On this , , day of J- ' ' , 19 efore me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Peter Nielson and Francis Nielson, 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 oath 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, JEANNE DENISE DURALL~ STATE OF WASHINGTON NOTARY --,-- PUBLIC My Commission Expires 5-26-99 (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: ,,~-~-~-~" ~? PN/FN/WS/JS - JUL-95 WSC0017-95 07/24/95 Page 8 ORDINANCE NO. 4933 EXHIBIT "D" STATE OF WASHINGTON ) ) ss cOUNTY or K,NG I On this /C! day of ; (~/~( ~]L-- ,1 9('/~,, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Judith Smith, 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 she is 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 of Washington, residing at MY COMMISSION EXPIRES: PN/FN/WS/JS - JUL-95 WSCO017-95 07/24/95 Page 9 ORDINANCE NO. 4933 EXHIBIT "D" STATE OF WASHINGTON ) ) ss COUNTY OF KING ,,..)~.lL_ ) On this J~¥ day of the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared William Smith, 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 he is 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. JEANNE DENISE DURALL STATE OF WASHINGTON NOTARY --o-- PUBLIC My Core,fission Expires 5-2699 (Printed Name) NOTARY PUBLIC in and for the St~i~e , of Washington, residing at ~'J.~.L~_[~/~.( f b' MY COMMISSION EXPIRES: -~7 PN/FN/WS/JS - JUL-95 WSCOO17-95 07~24~95 Page 10 ORDINANCE NO. 4933 EXHIBIT "D" ATTACHMENT A LEGAL DESCRIPTION: Nielson Property: 31601 - 116th Avenue S.E., Parcel No. 333940-0025-09 Lot 5, Block 1, C.D. Hillman's Auburndale Addition to the City of Seattle, Division No. 1, according to the Plat thereof, recorded in Volume 13 of Plats, page 62, in King County, Washington. Judith Smith Property: 31645 - 116th Avenue S.E., Parcel No. 333940-0020-04 Lot 4, Block 1, C.D. Hillman's Auburndale Addition to the City of Seattle, Division No. 1, according to the Plat thereof, recorded in Volume 13 of Plats, page 62, in King County, Washington; EXCEPT the North 150 feet of the South 250 feet of the East 177 feet of said Lot 4; and EXCEPT the South 100 feet of the East 217.8 feet of said Lot 4. William Smith Property: 31711 - 116th Avenue S.E., Parcel No. 333940-0021-03 The South 100 feet of the East 217.8 feet of Lot 4, Block 1, C.D. HiIIman's Auburndale Addition to the City of Seattle, Division No. 1, according to the Plat thereof, recorded in Volume 13 of Plats, page 62, in King County, Washington. PN/FN/WS/JS - JUL-g5 WSC0017-95 07/24/95 Page 11 ORDINANCE NO. 4933 EXHIBIT "D" PETITION FOR ANNEXATION. ANNEXATION AGREEMENT AND DECLARATION OF COVENANT ORIGINAL FILED JUL 2;7 1995 King 'County The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Richard James 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 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. The OWNER is seeking a Building Permit from King County for the PROPERTY. The OWNER has requested the CITY to furnish water and sewer services to the 1.2. 1,3. 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 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. RJ~UL-95 WSC0018-95 07/24/95 Page 1 ORDINANCE NO. 4933 EXHIBIT"E" 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 Corr~prehensive 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 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 Director of Planning and Community Development, 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 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. 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. 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 RJ/JUL-95 WSC0018-95 07/24/95 Page 2 ORDINANCE NO. 4933 EXHIBIT"E" 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 3.3. The OWNER recognizes that the laws of the State of Washingto.n 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 included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 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, 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 thins 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 hls:/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local R J/JUL-95 WSC0018-95 07/24/95 Page 3 ORDINANCE NO. 4933 EXHIBIT "E" 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 COVI:NANT OF CONDITIONS AND MITIGATION IVIEASURE?, 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 a]anexation of the PROPERTY, does hereby agree and covenant as follows: 4.1. None. 5. G~J~2~L0~ 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 improveme~ts 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. This Agreement shall be governed by the applicable laws, rules, and regulations of the State of Washington and the CITY. RJ~UL-95 WSC0018-95 07/24/95 Page 4 ORDINANCE NO. 4933 EXHIBIT"E" 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. 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 baen given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 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 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(/~)~// , 19~) ,~ RJ~UL-95' WSC0018-95 07/24/95 Page 5 ORDINANCE NO. 4933 EXHIBIT "E' CITY OF AUBURN · Director Department of Planning and Community Development 25 West Main Street Auburn, WA 98001 OWNER: R[c~ari' James ~'~ 1230- 32nd Street S.r:, Auburn. Washinoton 98002 R J/JUL-95 WSCO018-95 07/24/95 Page 6 ORDINANCE NO. 4933 EXHIBIT "E" STATE OF WASHINGTON ) ) ss COUNTY OF KING ) dayof ~ , 19~__~,, before me, On this the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PAUL KRAUSS, to me known as the Director of Planning and Community Development 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 eath 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. MICHAELA S. I~dFFMAN NOTARY PUBLIC in and for the State of Washington, residing at King County MY COMMISSION EXPIRES: 01-29-.98 R J/JUL-95 WSCO018-95 07/24/95 Page 7 ORDINANCE NO. 4933 EXHIBIT "E" STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ¢'~ ~" ~LL day of '~,_ ~. ~ -__ , 19_J~,_/~'befOre me, the undersigned, a Notary Public in and for the State of Washington, duly commis'~;ioned and sworn, personally appeared Richard James, 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 tha~t 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) of Washington, residing at~-~'~ ~-~ ~ ( ~'~ . MY COMMISSION EXPIRES: . .-~,/'~. ¢/> 7 RJ/JUL-95 WSC0018-95 07/24/95 Page 8 ORDINANCE NO. 4933 EXHIBIT"E" ATTACHMENT A LEGAL DESCRIPTION: Lot 4, Eastridge Manor, according to the Plat thereof recorded in Volume 68 of Plats at pages 84 and 85, records of King County, Washington. R J/JUL-95 WSC0018-95 07/24/95 Page 9 ORDINANCE NO. 4933 EXHIBIT"E" %%~en recorded re%urn to: ~/~j FI~%5{BEINEi~ DEVELOPMEiNT, INC. 12011' Bel-Red P~I. 9206 Bellevue, T~A 98005 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 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 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 Preliminary plat approval from King County for the PROPERTY. 1.3. PROPERTY. This petition is re-recorded tn correct an erron_~9.~-i~gal description reca~e~der file No. 951222131 and the correct leg~ description super6edes ~he legal description contained in Exhibit WSC0020-95 ~'~$ 12111195 Page 1 ORDINANCE NO. 4933 EXHIBIT "F" 1.4. 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 p[ovisions 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. WF 12/95 The OWNER has requested the CITY to furnish water and sewer services to the This Agreement to extend water and sewer services outside the corporate limits of 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 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 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. 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 WF 12/95 WSC0020-95 12/11/95 Page 2 ORDINANCE NO. 4933 EXHIBIT"F" #ROPERTY 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 owne'~s 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 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 shalt 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 WF 12/95 WSC0020-95 12/11/95 Page 3 ORDINANCE NO. 4933 EXHIBIT "F" 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 quallty facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT AND COVENANT OF CONDITIONS AND MITIGATION MEASUR~ The OWNER, in ~onsideration 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. g~%~J~Bg~LOJ~ 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 WF 12/95 WSC0020-95 12/11/95 Page 4 ORDINANCE NO. 4933 EXHIBIT "F" [J I 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 Jaws, 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 re. gistered 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. 5.9. Upon execution, this Agreement shall be recorded with ~he 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 , 19 . WF 12195 WSC0020-95 12/11/95 Page 5 ORDINANCE NO. 4933 EXHIBIT "F" CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS-TO FORM: Michael J. Reynolds, City Attorney OWNER: Finkbeiner Development J~/~EPR ES EN~I'ATIVJ~ :, ,, TITLE: Owner WF 12/95 WSC0020-95 12/11/95 Page 6 ORDINANCE NO. 4933 EXHIBIT"F" STATE OF WASHINGTON COUNTY OF KING On this /g~ ~'"~-- ) ) ss day of . , 19~gbefore me, the undersigned, a Notary Public in and for the 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. NAME '~ ,~/¢,///~.. ~ .~ .S',/~' ~ NOTARY PUBLIC in and for State of Washington, residing at ~~ MY COMMISSION EXPIRES: / d'"Z-,~-~ ~' WF 12/95 WSC0020-95 12/11/95 Page 7 ORDINANCE NO. 4933 EXHIBIT"F" STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ~'/'~--- day of /~--L.-~4-¢~-~/~z-'*c/ , 19 ~'--~,, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared William Finkbeiner, the Owner 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 t~S~ of Washington, residing at MY COMMISSION EXPIRES: WF 12/95 WSC0020-95 12/11/95 Page 8 ORDINANCE NO. 4933 EXHIBIT "F" ATTACHMENT A LEGAL DESCRIPTION: THEWEST1/2OF~HESOUTHEAST1/4OFTHESOUTHEAST1/~FSEC~iON4, TOWNSHiP21NORTH, RANGE 5 EA~, EXCEPT THE WEST 260 FEET; AND EXCEPT THE EAST 250 AND EXCEPT THE NORTH 311 FEET; AND EXCEPT THAT PORTION THEREOF SE 304TH SUBJECT TO: EASEMENTS, RES~IcTION, ANY; DEED OF TRUST DATED JULY<,,23, 1981 IN BENEFICIARY, TO BE RECORDED COh~RR TO~ETHER WITH; ~ PROVISIONS OF RECORD, IF HARDIN E. HALLEY, AS 'ITH. THE SOUTH 660 FEET OF THE WEST 12 QUARTER OF THE SOUTHEAST OF EAST, W.M., IN KING COUNTY, ; EXCEPT THAT PORTION THEREOF WITHIN F THE WEST HALF OF THE SOUTHEAST ON 4, TOWNSHIP 21 NORTH, RANGE 5 ~EAST 304TH STREET. AND TOGETHER WITH; THE WEST 260 FEET OF HALF OF THE SOUTH R OF THE SOUTHEAST QUARTER OF SECTION lip 21 NORTH, RANGE 5 KING COUNTY, WASHINGTON; EXCEPT THE N( 311 FEET AND; EXCEPT THE SOUTHERLY 660 FEET OF THE WESTERLY 125 FEET; ALSO EXCEPT C/~UNTY ROAD ON THE SOUTH. AND TOGE~R/WITH; THE NOR~-I 311 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE"SO,.UTHEAST QUART.F/R OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. EXCEPT THE EA,S,T 250 FEE~,Jq~REO~. ,. WF 12/95 WSC0020-95 12/11/95 Page 9 ORDINANCE NO. 4933 EXHIBIT "F" ATTACHMENT A CORRECTED LEGAL LEGAL DESCRIPTION: THE WEST HALF OF THE SOUTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST EXCEPT THE EAST 250 FEET AND EXCEPT THAT PORTION THEREOF LYING WITHIN SOUTHEAST 304TH STREET. WF 2~96 WSC0020-95 02/23/96 Page 10 ORDINANCE NO. 4933 EXHIBIT "F" WALTER p. $CHROEDER CASCADE COMMUNITY BANK PO BOX 1996 AUBUP. N, WA 98071 PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT The Agreement executed herein between the City of Auburn, V~shington, a municipal corporation, hereinafter referred to as "CITY" and Walter P. Schroeder, Charles P. Schroeder and Brenda M. Leyda 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 service by the CITY to certain property of the OWNS:RS 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 AND REPRESENTATIONR 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 are seeking Lot Line Adjustment 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 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 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. ORDINANCE NO. 4933 EXHIBIT "G" WPS/CPS/BML 2/96 WSC0001-96 02/13/96 Page 1 Said document(s) were filed for record by Commonwealth Land Title as accommodatfon only. It has not been examined as to proper execution er as to its effect upon title, 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 SERVI(~E 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 C~TY 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 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 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 utility 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 annexation and by this PETITION do provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. 3.2. The OWNERS agree to execute all necessary documents such as letters, notices, petitions or other instruments initiating, furthering WPS/CPS/BML 2/96 WSC0001-96 02/13/96 Page 2 or accomplishing the annexation of the ORDINANCE NO. 4933 EXHIBIT "G" P.~OPER~Y to the CITY, whether or not the annexation involves the assumption by the area to be ': ~nne~d::~f'..axistlng CITY indebtedness, the application to the area to be annexed of the CITY ii',== ...::=' Cor~Pr~hen~i~e ~n and land use controls, end such other conditions as the CITY may lawftdly i~'pose. ~l'~':OW ERS, for him/her/themselves eno for hie/her/their heirs, successors and assigns, .......... agree(s) and,r:oven~,~s w~th the CITY a~d to the present and future ownam of the PROPERTY to which..;~hia ~oveh~t re~et~,s, t~t ~p~n agr~ment is to constitute a covenant running with the land, that he/she/the~ shall, when~v?r so reques~"'e~ecute such letters, notices, petitions or other instruments.: OWner ~grees.,tc r~cord ~hl~'~OCql,.~en~'encJ specifically advise future mtel~sta In tile property. '.:.. ,'" .:' ,:~' ..~. "~, 3.3. The OWNER~ rec~gniza::-tha~.:I,he,?la~te of the State of Wash n~ton r~eting 'to the annexation of property b¥~Lp qi~¥ pr~vid~-~ t~t p~;o~rt¥,.,r~¥ be owners, equal to si~y perce;i~ of t~:e a~e~d v=;lu~of, pr;~ annexed, mgna petition for s~h a~':'anfi~x*{Jonl,~'lfio Q~N'~RS ,}e~nig~ and agree t~ by ~nlng this Agreement, the ~O~R~ of the o~.N~hs .Will ~moma~tl~' 3,3.f The ~WN ERS further recognize tha~:"~[~e~.~.~0~'~f an~ti~h ~e al0b~ ~der the taws ~itho ~te of:Washtngton~ including the election ~t~d. 3'}4. .;~Th~ O~ERS und~s~and that the OWNERS' ~ign~tur~.od"thi~'~ee~nt is an ad~is,l";n t?~t th~"O~hmS under.and the ce~ain rights which tb~':O~ER~";'ha~ [~ang the PRO,PERTy:'andi:~:hat,t~e..O~R0 ere willingly waiving such rights in ~n~q~ati~n 3;5, . ~e ~W~'ERS: u~er~m~d and .agree that upon an~xafion by t~ Cl~, PROPERTY annexe~ sh~ll ~ a~o~ed and:':taxed at ~he s~e rate an~ on t~ prope~y within the ~l~ is as~s~d ~=d ~xe~ t~'~ay for any then outstan~ng inde~nsss of the CI~ which was contracted' prio~ to~::or existing ~t, I.h~ d~e of inn~xetion. hims~f/he~lf~hemselves, his/he;~;~,eir..h'~trs~: su~es~rs ahd ~ss~hs.. h~eby ~sign~(=) t~ Cl~ as OWNERS' true a~ ~a~ul a~orney-in-fa~t for.l~:pu[pose of .~ig~ng e~ ~tition ~ing to t~ annexation of s~d PROPERTY to the CI~, ~iT,~.~II p~e~:'to ~ a~ DeHorn ~ny pro~r a~ ~ich the OWNERS may do with respect to the annexa~ :bf ~';~ this power through its City Clerk or otherwi~ as the::CJTY ~OU~CIL..~8~' dl~_ TSis Spec~ Power of Attorney ~s g~ven for the vatuable conmderatton of ~e turm~m~ se~ice by the CITY, and this Special Power of Attorneg ~s ~h~ glveh aS: se~[~'~ ~o~ma~ '%., WPS/CP~!RML 2/96 ', WSC0001-96 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 district which includes the PROPERTY affected by this agreement. 4. AGREEMENT AND COVENANT OF CONDITIONS AND MITIGATION MEASURE,,; 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. GENERAL PROVISIONS 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. 5,5, If for any 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 costs in connection WPS/CPS/BML 2/96 WSC0001-96 ORDINANCE NO. 4933 02/13/96 EXHIBIT "G" Page 4 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 bin~ing 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 postagi~ 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 WITNESS WHEREOF, the OWNERS and the CITY hereto have executed this Agreement as of this __.day of , 19 WPS/CPS/BML 2/96 WSC0001.96 02/13/96 Page 5 ORDINANCE NO. 4933 EXHIBIT"G" CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. R~ynolds, City Attorney WPS/CPS/BML 2/96 WSC0001-96 02/13/96 Page 6 ORDINANCE NO. 4933 EXHIBIT "G" OWNERS: WPS/CPS/BML 2/96 W$C0001-96 02/13/96 Page 7 ORDINANCE NO. 4933 EXHIBIT "G" STATE OF WASHINGTON ) ) ss COUNTY OF KING ~ ) _.. On this //// ~ day 19~_~, before me, the undersigned, a Notary Public in and for/'the State ofWashington, 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. ~t.. ~>, ~U~LIC ~:~NOTARY PUBL C n and for the State /¢-Z WPS/CPS/BML 2/96 WSC0001-96 02/13/96 Page 8 ORDINANCE NO. 4933 EXHIBIT "G" STATE OF WASHINGTON ) ) ss COUNTY OF KING ~_, ) On this ~'/I~ day of , 19,~, before me, the undersigned, a Notary Pu.blic in and for the State of Washington, duly commissioned and sworn, personally appeared Walter P. Schroeder, Charles P. Schroeder and Brenda M. Leyda, 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 oath 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 the ,~tat~f of Washington, residing at MY COMMISSION EXPIRES: WPS/CPS/BML 2/96 WSC0001-96 02/13/96 Page 9 ORDINANCE NO. 4933 EXHIBIT"G" ATTACHMENT A ,? LEG~L:~ES.~RIPT ON: ':=':', ,.,,:'~'ha~ pad, ion ~f tb~ e, ast'~al~ of the northwest quarter of the northeast quarter of Section 17, .... ..... Tq'~vns~ip 2~i N~':~ Range 6.~ast, ~,,M:'7.i~, King Count, Washington, described as follows: B~i~'ning:et e;pbint ~'n t~e e~t.~ne of~{h~ eaS[.b~lf of the no~hw~t quarter of the northeast qua;~er ~f SeCtiOn 1=;~, T~Wn~hi~. 21 N~,h E~nge ~'~st, W.M.. in King County, Washington, said point bol~ ~O ~et :~q~h o~?~he::~orth~"~rn~.~t~; thence continui~ al~g s~ east lia~:'~'0 feo~ * :~' ~:: thence west parallel to ~ rip,th li~e o~ssid ea~ ~J~/170 feet; thence south parall~'l'*t6' the p~st ~l~e of::~a[d ~a~:?~ei~:, 13o feet: thence woS~ parallel to the.~orth'line e~ sai~ east hal~, 60 feet; thence so~th parallel to t~'eas{ line ~f s~fl ea'~t ~f. ,~'~t; ~' thence west parallel to the no~h lin~: of ~id.~ast..~e~: 1~5 fe~:. ,~' to a point 235 feet east of the wes~ Iin~"of,~aid .~=~t hel.f '*':': '~ thence north para el to the west n~:0f sai~ e~ Half ~nd ~35.~ee/"e~t thereof 520 feet, more ~ less, to the south line of Southeast 320th~Stre~t,~:saiG':~int ~g./~O ~et s~u,~h of the north line of ~ said east half =~,',. ~ thence east ~i~n~:'~id south line of 320th Street,".~25 fee?~m~e o~'res~?,to,,[h~ pdiRt of ~egi~ning. ~ / .... :: '% ,?' .:. /' .... '"',:: .:~ '~ .,:~ .?: Tract A HILLCREST T~CE according to the Pla~ ~hereof recorded I~~ Volume 10~ ~f ~lats~.' Pages ~ 43 and ~4, re~6rg~ of ~ng County, Washin~on. ~:.... ~:.;" WP$1CPSIBML 2/96 WSCO001-96 O2/13/90 Page 10 PETITION FOR ANNEXATION. ANNEXATION AGREEMENT AND DECLARATION OF COVENANT The Agreement executed herein between the City of Auburn, Washingtod, a municipal corporation, hereinafter referred to as "CITY" and Thomas D. Curtis and Wendy Watson Curtis and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred ~o as "OWNERS", is for and in consideration of the furnishing of utility service by the (~ITY 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 AND REPRESENTATION~ 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 are seeking Building Permit 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 shall not be applied hereto, 1.6. 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 requi[ement 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, TDC/WWC 2/96 WSC0003-96 02/20/96 Page 1 ORDINANCE NO. 4933 EXHIBIT"H" 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. 1.1 1. 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 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 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 utility 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 annexation and by this PETITION do provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. 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 TDC/WWC 2/96 WSC0003-96 ORDINANCE NO. 4933 02/20/96 Page 2 EXHIBIT "H" 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 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 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 a/lowed 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 have 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 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 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 Power of Attorney is given for the vatuable 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 TDC/WWC 2/96 WSC0003-96 ORDINANCE NO. 4933 O2/20/96 EXHIBIT "H" Page 3 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 district which includes the PROPERTY affected by this agreement. 4. AGREEMENT AND COVENANT OF CONDITIONS AND MITIGATION MEASURF?. 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. G~[~E&Q~ZJ~L02LS 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 al! 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. 5.6. If for any 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 costs in connection TDC/WWC 2/96 WSC0003-96 ORDINANCE NO. 4933 02/20/96 Page 4 EXHIBIT "H" 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 succ&ssors 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, a~J 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 WITNESS WHEREOF, the OWNERS and the CITY hereto have executed .this Agreement as of this day of , 19 . TDC/VV~VC 2/96 WSC0003-96 02/20/96 Page 5 ORDINANCE NO. 4933 EXHIBIT "H" CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: City Clerk /PROVED AS TO FORM: City Attorney TDC/WWC 2/96 WSC0003-96 02/20/96 Page 6 ORDINANCE NO. 4933 EXHIBIT"H" OWNERS: Thomas D. Curtis Wen d~/W~tson Curtis TDC/WWC 2/96 WSC0003-96 02/20/96 Page 7 ORDINANCE NO. 4933 EXHIBIT"H" ! Mayor a~ Cl~ f~,~the .C~ pi ~b~,~ ~&rmion w~ e~e~ed the within f~gMng in~d'm~nt, .~ a.~kno~edg~ t~ ~.~ume~ to be ~ free .~ v~unt.w TDCAVWC 2/96 WSC0003-96 02/20/96 Page 8 STATE OF WASHINGTON ) ss COUNTY OF KING ) On this ¢~/ ~ day of ~'~_~r/~'c? , 19 ~/~ before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Thomas D, Curtis and Wendy Watson Curtis, 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 oath 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 the State of Washington, residing at MY COMMISSION EXPIRES: (~- TDC/W~VC 2/96 WSC0003-96 02/20/96 Page 9 ORDINANCE NO. 4933 EXHIBIT "H" ATTACHMENT A LEGAL DESCRIPTION~ Lot 1 of Cobble Creek II as Plat recorded in Volum'e 152 of Plats, pages 60-64 records of King County Washington. TDC/VVWC 2/96 WSC0003-96 02/20/96 Page 10 ORDINANCE NO. 4933 EXHIBIT "H"