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48~7 '
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN TO EXECUTE LAKELAND ANNEXATION AND UTILITIES
AGREEMENT BETWEEN THE CITY AND THE LAKELAND COMPanY, INC.
WHEREAS, the Lakeland property is located in Pierce
County, Washington, outside the corporate limits of the City
of Auburn; and
WHEREAS, The Lakeland Company is seeking various
development approvals from Pierce County for the Lakeland
property; and
WHEREAS,
of Auburn provide sanitary sewer,
utility service prior to annexation;
The Lakeland Company has requested that the City
and storm water
water
and
is in conformity to the
WHEREAS, this Agreement
Comprehensive Plan; and
WHEREAS, a public hearing
has been held to take public
testimony on this Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF
WASHINGTON, DO ORDAIN AS FOLLOWS:
THE CITY OF AUBURN,
Ordinance No. 4867
May 20, 1996
Page 1
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~P~ The Mayor and City Clerk of the city of
Auburn, Washington, are hereby authorized to execute Lakeland
Annexation and Utilities Agreement between the City and THE
LAKELAND COMPANY, INC. A copy of said Agreement is attached
hereto as Exhibit "A" and incorporated herein by reference.
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~ This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
Ordinance No. 4867
May 20, 1996
Page 2
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
11 ds,
i~ City Attorney
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14 Published: ~/~/~
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Ordinance No. 4867
May 20, 1996
Page 3
CITY OF AUBURN
(~D , , , ,2,5, W~est, Main
, ~uburn/ WA 98001
RAFT --- May~lS, 1996
LAKELAND ANNEXAqgBDN, .~ I~UIII~][IlES AGREEMENT
The AGREEMENT executed between the City of Auburn, Washington, a municipal corporation, hereinafter
referred to as "CITY" and THE LAKELAND COMPANY, INC. a Washington Corporation, and the heirs,
assigns, and/or successors, and related entities (entities with elements of common ownership) interest of certain
property, as described in this AGREEMENT, hereinafter referred to as "OWNER", is for and in consideration of
the furnishing of utilities and services by the CITY to certain real property of the OWNER. The OWNER does
hereby petition for annexation of the property described below to the CITY, does hereby agree to the conditions
of annexation herein, and does hereby declare this covenant.
1. PROPERTY DESCRIPTION
1.1 This AGREEMENT is applicable to all of the property owned by OWNER and contained within
the Lakeland Hills South Special Plan Area, located within Pierce County, Washington, and as shown on
Exhibit A, and specifically and legally described in Exhibit B, hereafter referred to as the "LAKELAND
PROPERTY", both Exhibits are attached and incorporated by reference herein.
2. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER and CITY hereby acknowledge and agree as follows:
AUDITOR'S NOl E
[,~(]~BILITY FOR RECORDING AND COPYING LIN
SA~'ISFN~ fORY IN A PORTION OF THIb ~NSTRk
~ft~N RECEIVED.
2.1 The LAKELAND PROPERTY is located in Pierce County, Washington, outside the corporate
limits of the CITY.
2.2 The OWNER is seeking various development approvals from Pierce Count)' for the
LAKELAND PROPERTY.
2.3 The OWNER has requested that the CITY provide sanitary sewer, water, storm water utility
service, and may request that the City consider the provision of other CITY services to the LAKELAND
PROPERTY prior to annexation.
2.4 This AGREEMENT to extend sanitary sewer, water, and storm water utility service, and
potentially other CITY 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.
2.5 The City of Auburn Comprehensive Plan, adopted April 1995, 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.
~xhibit "A" to Ordinance 1
No. 4867
96081Z0131
2.g ' A City's requirement of an annexation agreement or a commitment to future annexatiOn as a
condition of extending Utdlty service outside the corporate limits of the CITY is recognized by Yv'ashington law
2.7 . Extension of utility services beyond CITY limits may be subject to the authority of the Pierce
County Boundary Review Board, Pierce County Council, and/or other government agencies.
2.8 The LAKELAND 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 and as recognized in the Pierce County
Comprehensive Plan.
2.9 It is in the interest of the citizens of the CITY to insure that all public improvements which are or
will be within the corporate limits of the CITY are constructed in accordance with CITY plans, policies, and
regulations.
2.10 The CITY Council has determined that it is appropriate and legally permissible to provide utility
and potentially other CITY services to the LAKELAND PROPERTY subject to the conditions herein.
2.11 The OWNER does hereby acknowledge that in the event of violation or breach of the terms of
this AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or
otherwise, the CITY reserves the right, at its sole discretion, to immediately terminate the provision of utilities
and CITY services to areas within the LAKELAND PROPERTY not already being served at the time of
violation, breach, or invalidation.
2.12 The OWNER acknowledges that it is the goal of the CITY to ultimately annex the entire
LAKELAND PROPERTY, into the CITY as expeditiously as possible and that this AGREEMENT is intended
to initiate the process for completion of this goal.
2.13 The CITY and OWNER acknowledge that until annexation of property witl~tin the LAKELAND
PROPERTY, Pierce County shall retain jurisdiction over the permitting and processing of development
approvals within the LAKELAND PROPERTY.
2.14 The CITY and OWNER acknowledge that adoption of City of Auburn Ordinance No. 4814
confirms that planning and development within the LAKELAND PROPERTY must be cortsistent with the
Pierce County Hearings Examiner's Decision Case No. Z 15-91/UP9-70, as amended, and that the land uses and
densities contained therein shall continue to remain in effect even after the annexation of any portion of the
LAKELAND PROPERTY.
3. PETITION AND COVENANT FOR ANNEXATION
In consideration of the CITY's agreement and commitment to provide utilities and(~ITY services' to the
LAKELAND PROPERTY, the OWNER hereby petitions, agrees and covenants as follows:
96081 ?__0131
3.'1 ' This AGREEMENT shall be considered an irrevocable petition for annexation of.the
LAKELXND PROPERTY to the CITY. OWNER agrees, promises and covenants that if at any time property
within the LAKELAND PROPERTY is included within any area which is being considered for annexation to
the CITY, OWNER shall 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 LAKELAND PROPERTY to the
CITY. This AGREEMENT is a covenant running with the property described in Exhibit B and shall be binding
and inure to the benefit of the parties hereto, their successors and assigns. Provided that, as building permits are
issued and the OWNER pays the sums described in this AGREEMENT, the CITY shall provide the OWNER
with partial releases (except for the requirements of annexation) for the property for which the building permit is
issued.
3.3 Thc OWNER understands and agrees that the laws of the State of Washington relating to thc
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.
3.4 The OWNER understands and agrees that upon annexation by the CITY, the LAKELAND
PROPERTY 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.
3.5 The undersigned OWNER, 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 the LAKELAND 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 Attomey is given for the valuable consideration of the furnishing of sanitary
sewer, and/or water, and/or storm water utility 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.
3.6 The OWNER shall not protest the future formation of any local improvement district for any of
the following: domestic water, sewers, streets, street lighting, and storm water facilities, including regional
detention and water quality facilities, for any district which includes property within the LAKELAND
PROPERTY, provided, that this Section is not inconsistent with the OWNER's rights and obligations contained
elsewhere in this AGREEMENT.
4. CONDITIONS AND MITIGATION MEASURE, S
In consideration of the City's agreement and commitment to provide utilities and services to the
LAKELAND PROPERTY prior to annexation, and in recognition of the CITY's conditions; for annexation, the.
OWNER and CITY hereby agree and covenant as follows:
, 96081 0131
4.1(al The OWNER shall demonstrate to the CITY'S satisfaction that adequate Urban governmental
services (includihg. but not limited to. storm and sanitary, sewer systems, streets and arterials, domestiC water
systems, parks and open spaces, fire and police protection services, emergency medical services, public schools
and public transit services) will be provided to the development.
4.1(b) Consistent with the City of Aubum Comprehensive Plan, Policy CE3, the OWNER shall submit
completed applications for development within the LAKELAND PROPERTY to the CITY for its review prior
to submitting such applications to Pierce County. The CITY shall review submitted applications consistent with
land uses as indicated in Exhibit A and applicable CITY standards, including but not limited to. development
standards and public facility specificati0llS and the Lakeland Hills South Development Standards indicated in
Exhibit C, attached and incorporated by reference herein. Any facilities to be dedicated to the CITY upon
completion (e.g.. sewer and water lines and appurtenances/shall be built strictly according to CITY standards
and specifications. The OWNER agrees to be bound by the CITY'S findings unless such findings are: (1) in
direct conflict with Pierce County plans, policies, and regulations; and (2) would result irt denial of the pro_iect
by Pierce County. The CITY shall issue its findings on submitted applications within ninety days of submittal.
The 90 days shall start at the time the City has accepted a completed application in writing. If additional
information is requested from the OWNER to allow the CITY to complete its review, the time period needed for
the OWNER to respond shall not be counted against the 90 days. In the event that the CITY does not issue its
findings on a submitted application within ninety days of its submittal, the OWNER may submit the application
to Pierce County and shall not be bound by the CITY'S subsequent findings. The OWNER agrees to reimburse
the CITY for any reasonable costs incurred in plan review.
4.1(c/ The OWNER agrees to comply with appropriate CITY policies, subdivision and zoning
requirements where such requirements are not superseded by applicable Pierce County requirements (in the
event of significant conflict between City and County requirements, the CITY may choose to not extend utility
service).
4.1(d) The OWNER shall allow 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 inspection.
4.2 Except as indicated elsewhere in this AGREEMENT and attachments, all public improvements
constructed within the LAKELAND PROPERTY shall be constructed consistent with CITY plans, policies, and
regulations
4.3 ~
4.3(a) The CITY and OWNER agree that the existing transportation system within the CITY has
sufficient capacity to absorb a level of development within the LAKELAND PROPERTY that generates up to
600 PM peak hour trips, hereafter referred to as the, "CAPACITY CAP". In consideration of CITY's
agreement to reserve the CAPACITY CAP to OWNER's benefit, and to not allow any reduction in OWNER's
CAPACITY CAP, OWNER agrees to limit development within the LAKELAND PROPERTY to that which
shall not exceed the CAPACITY CAP.
Provided, however, that the CITY may increase the CAPACITY CAP upon the completion Of any of the
following:
4
9608iZ0131
,t
1. Tile consfl'uction of a roadway connection from the current CITY limits through to 8th Street East in
Pierce County, i.e. Lakeland Hills Way to Lake Tapps Parkway to 8th Street East as shown on Exhibit A, or an
alternative roadway connection as agreed between the CITY and OWNER, and a traffic study demonstrating the
creation of additional capacity consistent with applicable City LOS standards, or
2. The construction of significant portions of the improvements identified the Lakeland Residential
Planned Development District Mitigation Agreement executed between Pierce County and Henderson
Development Inc. on May 30, 1995, and a traffic study demonstrating the creation of additional capacity
consistent with applicable City LOS standards, or
3. A traffic study which indicates to the CITY's satisfaction that specific development applications can be
developed consistent with the CITY's current level of service standards, and/or the OWNER pays its
proportionate share of transportation improvements to mitigate the impact of development and the City Council
has determined that the improvements shall/can be completed in a timely manner.
4. A revision in the adopted level of service standard by the CITY.
4.3(b) Except as indicated above, the CITY and OWNER agree that transportation improvements are
necessary to fully mitigate the impacts generated by the total development anticipated within the LAKELAND
PROPERTY. It is further agreed that such mitigation measures may be determined and cmnpleted in phases as
development proceeds. It is agreed that traffic studies prepared pursuant to this AGREEMENT shall be
prepared at the direction of the CITY and consistent with standard engineering practice and applicable current
level of service standards. The CITY agrees to timely review and comment on all traffic studies submitted by
the OWNER.
It is further agreed that OWNER shall be limited to development within the LAKELAND PROPERTY that
results in traffic generation consistent with the level of service standard adopted by the CITY (currently LOS
"C") on arterials within the CITY and consistent with adopted level of service standards for other arterials
according to the agency which has jurisdiction over such arterials.
4.4 SEWER. WATER. and STORM WATER
The CITY agrees to provide sanitary sewer, water, and storm water utility service to the LAKELAND
PROPERTY, as described in this Section, and as subject to the CITY's ability to obtain the necessary approvals
and agreements from other agencies. The CITY agrees to diligently exert all reasonable effbrts to obtain such
approvals and agreements and provide these services in a timely manner.
4.4(a) STORM WATER
The CITY hereby ratifies and confirms that portion of the Comprehensive Drainage Plan, Lakeland Hills
Development Area, prepared by CH2MHill in March 1991, hereafter "1991 Storm Plan", as it relates to the Mill
Pond Drainage Basin. The CITY agrees to provide storm water utility service (to the LAKELAND
PROPERTY lying within the Mill Pond Drainage Basin) consistent with the 1991 Storm Plan and the OWNER
agrees to pay to the CITY the Customer Equivalent Charges for such service as gene/ally applicable throughout
the CITY service area.
96081Z0131
The CITY agrees that the Pierce County Conceptual Storm Drainage Plan, Lakeland Hills SouthDevelopment
Area, prepared by Stepan/Dowl Engineers in March 1995, hereafter "1995 Storm Plan" will be utilized as the
basis for preparation ora storm plan for the LAKELAND PROPERTY. The CITY retains the right to change or
modify the "1995 Storm Plan" to chose an altemative based on a cost effective approach including a comparison
of life cycle costs for maintenance and operation as well as capital costs associated with facility construction.
4.4(b) SEWER
The CITY agrees to provide sewer utility service to the LAKELAND PROPERTY and the OWNER
agrees to pay to the CITY the Customcr Equivalent Charges for such service consistent with thc terms of the
Late Comer Sewer Agreement executed between the CITY and Roland Crabtree on April 26, 1983.
4.4(c) WATER
The CITY agrees to provide water utility service to the LAKELAND PROPERTY and the OWNER
agrees to pay to the CITY the Customer Equivalent Charges for such service on the same terms and conditions
as other similarly situated users within its water service area and as follows:
In consideration of the CITY's agreement to provides water service to the LAKELAND PROPERTY,
and concurrent with the execution of this AGREEMENT, the OWNER shall terminate any and all agreements
with the City of Bonney Lake regarding the provision of water service. The OWNER shall also convey all
water wells, water rights it owns or controls on such wells, and reservoir sites, all within th.: LAKELAND
PROPERTY to the CITY, together with the necessary easements, and shall convey the wel![ and reservoir site
property to the CITY immediately upon legal segregation. In addition, concurrent with the execution of this
AGREEMENT, article 5 (copy attached as Exhibit D) of Water System Development and Acceptance
Agreement last date 21 November 1983, and previously executed between OWNER and CITY is superseded by
this AGREEMENT and hereby terminated.
As further consideration for OWNER's conveyance of the water wells and property associated therewith,
the CITY agrees to reimburse the OWNER the fair market value of the wells, reservoir site property, and well
property, as of the date of execution of this AGREEMENT, by granting credits against the water service
Customer Equivalent Charges.
4.5 PARKS
Concurrent with residential development and right of way construction, the OWNER shall develop and
dedicate to the CITY the parks and improvements indicated on Exhibit A; including one Community Park ora
minimum of 15 acres, two neighborhood parks of a minimum of 5 acres each, the linear pm'k on Lakeland Hills
Way, and the trail connections between the neighborhood parks. The OWNER shall also dedicate to the CITY,
but not develop, one other Community Park ora minimum of 15 acres located in the easterly portion of the
LAKELAND PROPERTY. The topography and soil conditions shall be suitable for active.-type park uses. The
OWNER shall work cooperatively with the CITY in developing specific plans that meet CITY park standards
(see letter from City of Auburn Parks Department dated October 24, 1995) for the development of the parks ,~nd
trails indicated herein and the CITY shall have final approval prior to their construction. The level of
9EOBI20131
impt'ovemeht for. the parks and trails shall be equivalent to those improvements made to th,~~ "Lakeland Hills
Park", lo~ated iii the CITY. The Lakeland Hill Parks improvements done in 1992 were at approximately $1.80
per square foot. The level of future improvements shall not exceed the 1992 rate adjusted annually from the
Consumer Price Index.
The CITY shall assume the responsibility for proper maintenance of the parks dedicated to it, provided,
however, that the CITY may allow the OWNER to provide additional maintenance within parks dedicated to the
CITY with the CITY's written consent. Owner must give City 1 year notice prior to parks coming on line for
maintenance.
The OWNER, and/or appropriate homeowner associations, agree to develop, own, maintain, repair, and
pay real estate taxes and assessments, all other park areas indicated on Exhibit D which are less than five acres
in size.
The CITY agrees that OWNER's satisfactory performance of the terms contained in this Section of the
AGREEMENT shall constitute full and complete satisfaction of the CITY's park standards and requirements.
5. GENERAL PROVISIONS
The OWNER and the CITY hereby acknowledge and agree to the following provisions which apply to
the entire AGREEMENT:
5.1 As acknowledged in Section 2.13 of this AGREEMENT, until annexation occurs Pierce County
retains official jurisdiction over the permitting and processing of development applications within the
LAKELAND PROPERTY. Nevertheless, prior to the recording ora final plat located on property which has
not been annexed by the CITY, the OWNER shall request the CITY's certification that all plat improvements
have been completed to the applicable standards, or to provide evidence that financial guarantees have been
posted with appropriate jurisdiction to insure the completion of such improvements.
5.2 This AGREEMENT shall not be modified without the express written consent of both parties.
5.3 Recognizing that time is of the essence in the performance of the mutual obligations contained in
this AGREEMENT, it is the mutual intent of the parties hereto to establish procedures to facilitate the prompt,
informal, and inexpensive resolution of any disputes arising under this AGREEMENT by rnutual cooperation
and without resort to litigation. Accordingly, any controversy, dispute, or claim arising out of or relating to this
AGREEMENT shall be resolved in accordance with the following procedures:
5.3(a) The parties shall first attempt to negotiate a mutually satisfactory resolution to the Dispute as
follows:
(i) The complaining party shall prepare a written description (hereafter "'Letter") of the alleged
dispute, controversy, claim, or breach of contract (hereafter "Dispute") and send it tO ~he other party by certified
or registered mail. This Letter shall explain the nature of the Dispute and refer to the relevam section of the
AGREEMENT upon which the Dispute is based. The complaining party shail also set forth a proposed solution
to the Dispute, including a specific timeframe within which the parties must act.
(i?) ' The party receiving the Letter must prepare a written response within ten days of;eceipt with an
explanation, incfuding references to the relevant parts of the AGREEMENT and a response to t/cie proposed
solution.
(iii) Within ten days of receipt of this response, the parties must meet and discuss options for
resolving the Dispute. The complaining party must initiate the scheduling of this meeting.
5.3(b) If the parties are not able to satisfactorily resolve the Dispute through negotiation, a mediation
must be held within thirty days of the meeting referenced in (a)(iii) of this Section. Mediation shall be held at
the Seattle office of Judicial Arbitration and Mediation Service, Inc. (hereafter "JAMS") The complaining party
is responsible for contacting JAMS to schedule the mediation (I-800-352-JAMS or 1-800-626-JAMS). The
parties may agree on a jurist from the JAMS panel. In the event that the parties are not able to agree on a jurist,
JAMS will provide each party with a list of three available jurists and each party may strike one. The remaining
jurist shall serve as the mediator.
5.3(c) If the Dispute is not settled by mediation, the parties agree to submit the Dispute to JAMS for
binding arbitration. Either party may initiate arbitration by sending written notice of an intention to arbitrate by
registered or certified mail to all parties and to JAMS. The notice must contain a description of the Dispute, the
results of mediation, and remedy or solutions proposed. If the parties agree, the jurist that serves as mediator
may serve as the Arbitrator. If the parties cannot agree on a jurist, an Arbitrator shall be selected in the same
manner as a JAMS mediator is chosen as described above except that the mediator shall not be the arbitrator. If
and when a demand for arbitration is made by either party, the parties agree to execute a Submission
Agreement, as provided by JAMS, setting forth the rules and procedures to be followed at the arbitration
hearing. If the parties cannot agree on the rules and procedures, the Arbitrator shall establish the rules and
procedures.
5.3(d) If JAMS does not exist at the time a Dispute arises in connection with this AGREEMENT, this
Section shall continue in full force and effect, subject to the following changes: In the event that the parties are
not able to agree upon a mediator Or alternative mediation service, the mediation provision shall become null
and void. If the parties are not able to agree upon an arbitrator or alternative arbitration service, the arbitration
provisions of this Section shall be fully enforceable in accordance with RCW Chapter 7.04 and the King County
Superior Court shall have jurisdiction as arbitrator to arbitrate the Dispute.
5.3(e) In the event that it is necessary for either CITY or OWNER, or their authorized representative,
successor, or assign, to institute suit or begin arbitration proceedings in connection with this AGREEMENT, the
prevailing party in such suit or proceeding shall be entitled to reimbursement for its reasonable costs, expenses,
costs associated with delay, and attorney fees incurred, including such costs, expenses, and attorney fees
incurred on appeal or in enforcing any arbitration award or judgment.
5.3(0 This AGREEMENT and any Disputes arising therefrom shall be governed by the laws of the
State of Washington and the venue for all mediations, arbitration's, or hearings shall be Seattle, King County,
Washington.
5.4 The terms and provisions of this AGREEMENT shall inure to the benefit and become binding
upon the heirs, assigns and/or successors in interest of the parties hereto, and related entities (entities with
elements of common ownership) and principal owners of OWNER.
96081 .0131
5.'5 A~ny notice or demand required or permitted to be given under this AGREEMENT shall be
sufficient if g~ven 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 US
Postal Service mail with postage prepaid.
5.6 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, or memorandum thereof, shall be recorded with the Pierce
County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such
recording to the CITY.
9 081Z0131
IN WITNESS WHEREOF, th~WNER and the CITY hereto have executed this AGREEMENT this
day o~, 1996.
CITY OF AUBURN
CHARLES a. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
RM:
City Attorney
OWNER:
The Lakeland Company
""~-Charles L. Henderson
TITLE:
Chief Executive Officer
,0 96081; 0131
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this .~ &- ~- day of ~ --~ 1996, before me, the undersigned, a Notary Public in and
for the State of Washington, duly ~/~mmissioned and sworn, personally appeared Charles L. Henderson, the
Chief Executive Officer of The Lakeland Company, 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. . ~-~ . ; ~
NOTARY PUBLIC in and for the State of Washington,
residing at Rzeeh'nond i~.[I.t v-~,~_
MY COMMISSION EXPIRES:
~'~-/3--- ~d a c~ c:
08~-,,1-98
960817__.0131
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ~ ~ day of /~~ , 19 ~,~:7 before
m?
the
undersigned,
a Notary Public in and for the State ofVl~'shington, duly commissioned and sworn, personally appeared CHARLES
A. BOOTH and ROBIN WOHLNUETER, 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)
-.~;0 PUB
.. ~, ..~O8 _ ~,... ,_ ~ NOTARY PUBLIC ~n and for ~e State
~,"~'-.~..';~,,~ of Washington, residing at ~
'"',m.~'"' MY COMMISSION EXPIRES:
g:\pk\lake-9
12
96081Z0131
EXHIBIT
"A" TO ORDINANCE 4867
Lakeland Hills South Special Plan Area - Attached
960812..0131
31
Order No. 31490
EXHIBIT "B" TO ORDINANCE 4867
Th~.· North 1/2 of the Northwest 1/4 of the
To%;nship 20 North, Renge 5 Eamt, W.M.;
Northwest
1/4 of Se
EXCEPT ROADS; and
EXCEPT that portion conveyed to E1 P~o N'~turml ~as Company by De~d
recorded September 27, 1971, under Auditor°s File No. 2412.143.
Situate in the County of Pierce, Sta~e of Wa.~h~.ngton
The Southeast 1/4 of Section 6, Township 20 North, Range 5 East W.M. ;
E~CEPT {he West 1/2 c~f the ~orthwest 1/4 thereof.
Situate'in the County of Pierce, State of Washino%on
The South 1/2 of the Ea~t 1/2 cf the Sout~w~-mt 1/4 of Section ~, Town,nip
20 North, Range 5 East U.M. ;
EXCEPT therefrom s strip of land ~00 feet wide alon~ the West ~lde
property deeded t° ~he Pmoific Coast Power Company, said 100 foot stri~ o:
land being th~ West 100 ~e~t o~ sa~d East 1/2 of the Southwest 1/4; and
EXCEPT the East 170 feet of the W~st 270 feet meueured at fichu angles
I. he' West line oX %he Ernst %/2 o~ the Southwest 1/4.
Situate in the County of Pierce, State of Washington
Government Lot I and tl*~ Southeast 1/4 of the Northeast 1/4 cf Sectzon 6,
Township 20 North, ~anoe 5 East, W.H.
Situate in the County of Pierce, State o~ WashinOton
PAlaCE[. ~_
'rh~ North 1/2 of the Northwes~ ~/4 of the ~outheaet 1/~ of the SoutheasL
1/4 e~ the Southwest ~/4 o~ Section 5, Tow~'~hip 20 North, R~nge 5 E~ o:
· ~ %he W.H.
~ituat,~ J.n the Count~ o~ Pl.o'~'~:, State of Wa~,hl~lgton
08120131
S T l'] %%'A. RT T I T
The North 5 acres of thL=- Norl'hwest i/,t o.f the Southeast
Southwest 1/4 of Section 5, Township 20 North, f~mnge 5 Ea~t
Willamette M~ridi~n;
the
I:~KCEPT County Road.
Situate in the County of Pierce, State of Washington
Beginning at the Northeast corner of the Southwest i/4 o~ the
of Section 5, Township 20 North, Range 5 of ~he Willa~%ett~ Me~-idl~n; 'KHEHC[
p~cal~el with the East line of said e,lbdivision, 330 feet; THENCE East
tSereof; THENCE North along said East ~ine, 330 fee% to the point of
begi,%ning;
EXCEPT County Ro~d.
Situate in the County of Pierce, State of Washington
Commenoing at the Southwe~ corner of Section 5, 'ro~n~,hip 20 Nor'~h, Range
East of the W.M.; THEN(~E North alon~ the West line of said Sectio.% 40 rod~
to %h~ true point of beginnin~; THENCE continuin~ North along s~ld West
1/4 oz said Section 5; THENCE East slon~ said North line 20 rods; TNE}tCE
South 40 rods; THENCE W~st 20 ~'o(]~ to the true point of be~in,ling.
Situate in the County of Pierce, State of Wa~hingtoa
9608120131
STE~VART TIT/
3
' The South%~e'~t 1/4 of the Southwest 1/4 of Section b, Township 20 North,
Rs,]ge .5 East of %he Wo~.;
EXCEPT 'the South 40 ~od~, and
EXCEFT the West 20 rods of tha, North 40 rods, and
Situate in th~ County cf Pierce, ~Sta[e of W~hino%on
The No~th 1/2 of the Southeast 1/4 of the ~orthe~st 1/4; %he ~orth~8~;t 1/4
of the Southwest 1/4 of the Northeast 1/4; the Northeast 1/4 of the
Southemst 1/4 of the Southwest 1/4 of 'the Northeast 1/4; t~,e Northwest 1/4
of %he SouLhw~st 1/4 of the Southear~t 1/4 of %he Northeast 1/4; ail 1,i
S~ction 5, Township 20 North, Range 5 East, W.M.;
Section 5, conveyed to Pierce (~ounty by Deed recorded under AucIttor'~ ~'ile
EXCEPT that portion c~onveyed to E1 Paso N~turai G~s Company by Deed
State of Wa~hin~tor,
SLtuate in the County of pierco,
The We~'t
of Sect. to:~ .5, Township 20 Nor'th, Ranoe 5 East of the
EXCEPT the West 60 fs~t thereof.
Sttuste in the County of Pierce, State o~ Washin~'Lon
The
L/2 of the Nox'thwest 1/4 of the Southwest 1/4 of ths No~'the~::t 1/
W.H.;
West 1/2 of the Southeast 1/~ o~ th,~ Southwest 1/4 of the Northeast l,
of SectLon 5, 'l'o~nship 20 North,
~:[tuat~ in tho County of P~er~'e,
Range 5 East of the W.M.
State of Washington
The Nor'th 350.0 feet (as m~msured as ~'ight eagles to the North line) of t
Northeast 1/4 of Section 7, Town~hip 20 North, Range 5 East of the W.M.
S'l.~uate ill the County of P].ex~c:e, Struts of Wa~hincjton
960B17_0131
4
F_t~ff,.~zt. P-3; -
Government Lot 3, Section 6, Township 20 North, Range 5 East of the W.~.;
EXCEPT that portion conveyed to Pacific Northwest Bell TeLephone Company,
W~shinoton Corporation by Deed recorded February 24, ~97~ under Auditor'~
File No. 23B00~7, Records of Pierce County, W~shington.
Situate in the County of Pierce, State of Washington
Thor portion of Oovernment Lot 5 (being fractional Southvest 1/4 of the
No~thw~t 1/4) c~ Section 6, To~n~hSp '~0 North, R~nge 5 East of the W.M.,
C¢)~..mencing ~t the Southeast co:~nox~ .~ eal.d Government Lot 5; THENCE
'-,l~m~ the Eae~erly boundary of ~aid (~overnment Lot 5, a d~t~nce
f~et to the true point of beginning; 'fH6"NCE Southerly ~long said East.e?l.y
boundary, 310 ~eet; THENCE Westerly at a 90 ?~gree angle to ~aid E~Lerly
b~undary, 100 feet; THENCh~. Northe'~te'.-ly to the true point, of
Situate in the County of Pierce, State o~ Washington
[?6JiC, F L P-G:
f~overnmeu~ Lot 2; the Southwest 1/4 of the Northe.~s~ 1/4;
1,'4 of the Northwest 1/4, all i~ Sec'tim~ 6, 'l'~wn~hip '~0 Nc~rth,
cf the W. iq.;
the Sou t. hoa:~t
Range
E~(C£P? from ~aid C, overnment Lot 2. that portion c,'.nveyed to Puget Sound
Power and Light Compar, y, by D~ed recorded February 23, 1975, under
Auditor's File tlo. 2891243, Record.~ of Pierce County, Wash. lngton;
AND EXCEPT ~rom ~aid Southerner 1/4 of th~ Northwest 1/4, the South 170 fee-
el the West 270 feet and that portion co~veyed to Walter H'.. ~:rik:~en and
, Lurn~ Er!kse,], his wixe by Deed recorded M~y iV, 197'; Unde~ Aud~to~-'s F~le
No. 2736688, Records of Pierce County, W~sh:Lnuton. ' [.-
9608120131
S T 1[~%%'A RT TITL]
nv 2% ,,%3573
[~vernment Lot 6 in ~Section 6, 'rowr,~hip 20 North, Range 5 East ,'~:f the
Willamette Meridian.
EXCEPT 'the ~lo~'th 115 feet thereof.
ALSO E×CEPT the right of way of the Northern Puc:Lf&c Rai]..w~y Company.
ALSO EXCEPT a strip of land ~5 feet in width s~3acent to and par~lTel vit~
the East line of the right oi way of the Northern Pacific Railway Co,q~any
ms oonvey,~d to the Sea'l'tle-'l'aca,,la Power Company, m Ccrpo~ation, by Deed
recorded under Pierce County Auditor',~ Fee No. ]S9'~28.
ALSO EXCEPT that portion described as follows:
Commenc&ng at the intersection o~ the South line of the North ll5 feet of
amid Government Lot 6 and the East msrgzn of a ,~trip of land 15 feet in
width a~ conveyed to Seattle-Tacoma Power Company by Deed recorded under
Auditor's File No. 189228; TIIENCE Easterly along said South line 267. 13
feet end the point of beginnin~ of this e~cception; 'I..'HENCF continuing
Easterly along said Southerly fine 484 feet; THENCE Southerly at right
nn~les to said South l~ne 475 ~eet; THENCE Westerly parallel with said
Sot~th line 344 feet; THENCE Northwesterly in -~ straight line 495.2 ~e~t t,
the poknt of beginning;
ALSO EXCEPT County Road.
Situate in 'the County of Pierce, State of Wasl',ingto~%
The West ~/2 of the Southwest 1/% o~ the Southeast 1/4 end the No~'theas%
1/4 of the Southesst 1/4 of the Southwest 1/4; al. 1 in Section .5, Town~hip
~:0 North, Range 5 East of the W.M. ;
EXCEPT Rorth Tapps Highway (Forest Canyon Road);
EXCEPT that portion conveyed to E1 Paso Natural
Sap%ember 20, 1971, recorded September 27, 1971,
2412443, at%d
Bas Company by Deed datec
under Auditor's Vile
EXCEPT the East 330 feet of that portion of the }Iorth 405 feet of the
1,06.~ feet of the South 1/2 of said Section 5, lying West of the Bonnevi.'
Power. Administ.ration right-of-way, as granted to the United State:.~ of
~Jmerica by instrument recol'ded Fsbrunry 24, 1941, under Auditor'~- File
'~274447.'
Situate in 'the County of Fierce, State of .Washing~on
96081ZO131
· '~'.l' ]~%VART TIT
The East 1/2 of the Southeast 1/4 o* the Southeast 1/4 o~ the So~thwest ~/4
of Sec%ion 5, Town~hip 20 Horth, Ra~ge 5 East of th~ W.M.;
EXCEPT that portion conveyed to El Paso Natural Gas Company by Deed doled
Septea, ber 20, 19'71~ recorded Septe:~b~r 27, 1971~ under Auditor'u File
ALSO EXCEPT roads.
the County of Pierce, Stat~ o~ Wm~hi~lgton
I'..~gt"~r~%ng a't the Northwest corner of the East 330 feet of that portion of
the North 330 feet o-~'.the Sou~h 990 feet of ~he South 1/2 of ~echio~% b,
'[ownmhip 20 North, Rungs 5 East of th~ W.M., lying West of the Bonneville
Power Adminl~'tration r~ght-o~-way, ~z ~ranted %o the United S%etes of
America by instrument recorded February 24, 1941 under Auditor's File
1274447; THENCE Southerly along the West line of ~a~.d East 330 feet,
distance of 330 feet ~o the Southwest corne~- thereof; Tt{~NCE Easterly
th,~ South line of ~aid E~zt ~330 feet, a dis't~nce of 150 feet; THENCE
Northwesterly ~long ~ straight line to the pl~ce of be~inning;
EXCEPT therefrom that portion conveyed to E1 Paso Natural Uas Company b~
Deed recorded September 27, 19'71 unde%- Audltor'~ Fzle ~,7~. 241-'.'443, ~:sco~
of Pierc~ County, Wash~n~3ton.
Situate in the County of Pierce, State of WashlnQton
P_~ .~'L P-9.:
~h~ South 1/2 of the Nurthwe..~t 1/4 of :,ectton b, Townahip 20 ~Iorth, Range
~ast of the W.M.; ;
EXCEPT the Southeast 1/4 of the Southwest.l/4 of .the Northwest 1.'4 thereof
~nd
EXCEPT. the Southwest i/4 of the Southeast 1/4 of the Northwsat 1/4 ther=.of
Situate in ~he County o'f Pierce, State of Washington
7
95,081Zgt31
sTE%VARTTITL
The West 1/2 of the Northvest 1/4 of tile Southeast 1/4 of Section
'l'ow~ship 20 Horth, Range 5 East of the ~.[L;
ALSO, ~he North 1/2 cf the East 1/2 of the Southwest 1/4 of Section ~,
Towaship 20 North~ Range 5 East of~the W.N. ;
EXCEPT therefrom a ~trip of land 100 feet wide along
property, deeded, to the Pacific Coa~ Power Company,
land being the West lC0 feet of ~atd East 1/2 cf the
the West side o~ ssi(
said IOQ £oot ~trlp ~
~outhwest 1/4;
A~ID EXCEPT the East 170 feet of the West 270 feet measured at right angle~
t~ the West line of the East 1/2 of the Southwest 1/4.
EXCEPT from all of the above descz'Jbed property, the following described
Parcels:
LOT_)
A parcel of land lying in a portion of the Northeast quarter cf the
Northeast q~arter of Section 6, T~;~rr,~hip 20 North, Range 5 East, W.M.,
Pierce County, Washington, more particularly described as follows:
Commencing at the 4 ~nch by 4 inch concret~ mo~%,lment at the ~3outheast
~."orner of Section 32, Township 21 North, l~mnge ~ East, W.h., in Plerc~
County, Washington, on %he fifth st~ndaz'd parallel; THENCE alon9 sm'id
%o the concrete monument ~t th~ Northwest cornier of Government Lo% 2 of
Section 5, Township 20 North, Range 5 East, W.M., in Pierce County,
Washington; THENCE continuing along said standard parallel NorLh 8S de,re
56'20" West a distance of 2,660.22 feet to the 1979 King County
the Sou%beast corner of Section 31, Township ~[ North, ~{an~e 5 East,
in Pierce Coun%y, Washing%on; THENCE continuing ~lono said standard
parallel Nort~ 8S degxees 3~'43" West e distance of 19.77 feet t~ the
Northwest corner of Government Lot 4 of said Section 5; THENCE South Ol
degrees 42'58" We~t on a line b~tween Section 5 and 6 ~ distance of O.
fee% to the 1967 King County ~onument at %he closing corner; TIIENCE
Ol degrees 4~'58" West on a line between said S~ctzons 5 and 6 ~ distance
of 271.a9 feet to the True Point of Beginning; THENCE South O1 de,tees
42'58" West m dis%ante of 41~.96 feet; THENCE North 89 Ce~rees 31'11"
u distance of 16.32 feet to ~ half-inch rebmr ~t the We~t line of [.~rge
~;undivlsioa Number 670 as mon0mented by ~muriue E. Mullins i~ August
413.11 f~et; THENCE South 8B de~ree~ 5S'~0" East a distmnce of 1~.20
to the T~'de Point of
Situate J.n the County of Pier¢:e, ;State of Washington.
^ parcel of l~nd lyino in ~ portion of %he Nrn~theast qunrter of the
Northeast quarter o~ ~]ection 6~ Township 20 North, Range 5 East, W.M.~
Pierce County, W~shinoton, more p~r~iculsrly described es fo]low~:
Commencing e~ the A inch by 4 inch concrete monument at the Southeast
corner o£ Section 32, Township 21 Horth, Range 5 East~ W.~.~ i~ Pierce
County, Washington, on ~he fifth ~t~ndard p~rallel; THEHCE alon~
standard parallel North ~6 degrees bS'bO" W~t s distance of 2,655. a7 feet
%d the concrete monument at the North%;est corner of Government Lo% 2 of
Section b, Township 20 North, Range D Ernst, W.M., in Pierce County,
Wsshington; THENCE continuino along said standard parallel North ~8 decree
56'20" West a distance of 2,660.22 ~et to the 1979 King C'ounty monument
the Southeast corner of Section 31, Township 21 North, Range 5
in Pierce County, Washington; THENCE continuing Blong sa:Ld standard
parsllel North 8B degrees 34'43" Wes~ a distance of 19.77 feet to the
Northwest corner of Government Lot 4 of said Section 5 and the True Point
of Be~inning; THENCE South O1 degrees 42'5B" West on e line between
Sections 5 and 6 m distance of O. 12 feet t(~ the 196V King County monument
at the closing corner; THENCE South Ol degrees 42'5S" We:~t on a line
.between ~aid Sections 5 and 6 m distRnce of 271.49 feet; THENCE North
degrees 56'20" West a distance of 18.20 feet to the West liae of h~rge Lot
Subdivision Number 670 as mohumented by Maurice E. Rullins in August 1975;
THENCE North Ol degrees 27'21" East ~ distance Of 271.60 Xeet to the 1967
King County monument at the Northwest (:orner of ~aid L~r,ge Lot Subdivision
'tHENCE North.O1 de~Fee~ 27'21" East 8 distance of O. 11 feet to the fifth
standard p~rallel; THENCE South BS d~gree~ 34'43" East along ~id
parellel m distance of 19.43 fee% to %h~ True Point of BeOinnin~].
Situate in the County of Pierce, Stste of Washinc3ton.
A pmrcei of land lying ~n s portion of the North~.ast quarter of the
Northeast quAirte? of Section 6, T~wnehlp 20 North, Range 5 East, W.H.,
Pierce County, Washington, more pa~ticula~'ly described es roi. Iowa:
9
9608120131
ST E'~VART TITI
corner cf Section 32, Township 21 No~'th, Range ~ Emit, W.M., in Piern~.
County, Washington, on %he fifth ~tundard pmrmllel; WHENCE along ~ald
to the concrete monume~%t mt the Northwest ~orner of Gove~'nment Lot 2
Section 5, Township ~0 North, R~nge 5 E~st, W.H., in Pierce County,
Washing%on; THENCE continuin~ mlon~ said standard paral~6,1 Horth SB
56'20" West a distsnce of 2,660.2~2 feet to the 1979 Kino County monumen'c
the Southeast corner oi Section 31, Township 21 North, Range 5 East, W.M.,
in Pierce County. Washlnoton; THENCE continuing ~long said
}~orthwest corner of Bovernment Lot 4 of s~id Section 5; THENCE South
deg~-ees 42'58" West on a line b~,tween Sections 5 and 6 a distance of O. 12
feet to the 1967 King County monument st the closing corner; TRENCE South
O1 degree~ 42'5B' We~t' on ~ line beuween said Section~ 5 and 6 a distance
of 1,(~41.71 feet to the True Point of BeginninQ; THENCE continuing South
de~reea 42'58" West a distance of 327.86 feet to the Southwest co~'ner of
Government Lot 4 of ~ald Sec%ion 5 (~s ~own on N~cord of i~urve~ Number
8807280259, page Number 1); THENCE }:orth 87 t~e~r~e~ 2~'1,5" We~t ~ dis[ar, ce
Subdivision Number 670 as monument6, d by Haul'ice E. Mullins in Au,just 1975;
THENCE North O1 degrees 29'59' East along ~d West line ~ dista~,c~? of
32'/.27 fee%; THFNCE South 89 d~grees 41'42" Ea~L ~ distance of 1~.~6
%o %he '~'rue Point of Be~lnnin~.
Situate in the County of Pierce, State of Washington.
LOT .9, ~E. ~.E.T.,,[CJ.t.[;B CO{}I{..~Y SHORT P1.A'L..R1 t I ! 901.3,.9./..
A P'~rcel of land lying in a portion o~ the HcrLheast qu~,r, tec of the
North~mst quarrel- of Section 6, T~i)wn~h%p 20 Hot%h, Range 5 Ernst, W.
Pierce County, Washington, Tr. Ore [.,~rticulsrly described as
9608120131
~ T E%%'A IIT T I T ]
C'omia'enci~g at the 4 inch by 4 inch concrete monument at the Sotithe~t
corner of Section 32, Township 21 Nor~h~ Rano~ ~ Eas~ W.H., in P~rce
Coun~y, Wa~hington~ on the fifth ~andard p~ral~eX; THENCE ~long ~i~
a~nda~d p~rallel North 8~ d~gree~ 58'~0" We~ a distance of 2,655.87 fee~
%o the concrete monument at the Northw~ corner of Government Lot ~ ~f
Section 5, Town,hip 20 North, R~nge 5 Ea~t, W.M., in Pierce County,
Wa~hington; THENCE co~tinui~g along said standard parallel North BB deorees
56'20" West ~ distsnce of 2,660.22 feet to tbs 1979 Kin~ County monument at
the Southeast corner of Section 31, Township 2~ North, Range 5 E~t, W.H.,
in Pierce County, Washington} T~ENCE continuing ~long said skandard
parallel North ~B degrees 34'43" %~est a dlsta~ce o~ 19.77 feet to the
Northwest col-net of Government Lot ,~ of ~aid Section 5; THENCE South O1
d~grees 42'5S West ca ~ line between Sections 5 and 6 a distance of O. 12
{Il degrees 42'58" We~t on ~ line between sa.id Sections ~ and 6 ~ distance
oX 1,0~1.71 feet to the True Point of Beginnin~; THENCE continuing South Ol
degrees 42'58" West m distence of 327. a6 feet to the Southwest co~'n~r oI
Government Lot 4 of ~id Section 5 (~s sho~n on Record of Survey Number
88072B0259, Page Number ].); THENCE North 87 deOrees 22'X6" West , distsnce
of 13.74 feet to m half-inch rebar mt the Southwest corner of Large Lot
Subdivision Number 670 ms monumented by Maurice E. Mullin~ in Auoust 1975;
THENCE North Ol degrees 29'59" Esst ~lomg said West line a distR:~cz~ of
327.27 fee%; THENCE South 89 degrees 41'42" ERSt a distance of 14.9B ieet.
to the True Point of Beginning.
Situate In the County of Pierce, 'Stute of Washin~to~%.
HENN/Nt~.~H SH!]RT PLAT;
Original Parcel No. 05-20-05-3-002
The ~:~rth half of the Southwest quarter of the Southeast quarter of the
Sou%nwust quarter of Sec. t~on 5, Township ~0 North, Range 5 E~st, W.M., in
Pierc~ County, Washington.
Original Parcel (05-20-05-3-012)
The Sou~h i/2 of the Nor%byes% ~/4 of the Southeast 1/4 of the 'Southeast
1/4 ~f i. tne Southwest ~/4 o£ Section 5, .Township 20 North, Range 5 East,
W.M., in Pierce County, Wa.-,hi~tgton; EXCEPT that portion conveyed tea E!
Natu~'~l Gas Company by deed recorded September 27, 1971 und~.r ~.~cordtng
Humber 2412443, records oi Pierce County.
%1
96081 013 I
S T E'%%'ART TIT]
8K ! 2, PE, 3579
pr~?£{'qH fie SECTION 6._TQ~H~I~-I~ 2f3 NOBTH. ~ EA.~ ''
S~ti~ 31~ Township 21 North~ R~nge 5 Ea~t~ ~. H. ~ i~ Pier~e Go~ky,
g~hingkon~ from which the 1~67 King County monun~ent a~ the Southwe~
cor~e~ of s~id Section bears No~'~h 88 degree~ 34'43" W~st;
d~gree~ 34'43" Wes~ ~ dl~t~nce of' 1~3&5.60 fee~ to the Sou~t.w~s~
~ Tract of l~d .o~ned by ~he City of Auburn ~s per dee~ recorded in
Reco~'ding Number 8401050736, and the True Point o~ Beginning from which
~oncr~e monumen~ m~r~ng the Southwest corne~ of the Sou~heu~
bears North 88 deg~ee~ B~'~3" We~t ~ distance of 1~283.03 fee~;
South O1 d~gr~e~ 01'47" West a distance of 75.00 fee~; THEHC~ South
dsg~eeu 35'~9" Wes~ e di~t~nce of 1~8.39 fe~t; THENC~ North 88 degree~
~4',13" W~st a di~tence o~ 80.00 feet; THENCE Rorth 78 degree~ 12'59"
distance o~ ~22.55 ~ee~; THENC.E North 47 deg~*ees ~9'~9"
1~.00 feet to a point on ~he Soukh line o~ said ~ection 31; THENC~
continuing miong staid South line ~ou~h 88 degrees 3~'43" East a dis~ce
475.00 fee~ to the T~ue Point o~ Beginning, ~11 within Pier~e Counky,
of W~bington.
Situate in the County of Pierce,
Stere of Wa~hingtor~.
9608120131
ST I~%%'ART TIT
BKI
EXHIBIT "C" TO ORDINANCE 4867
LAKELAND DEVELOPMENT STANDARDS
Single Family Detached - One (SFD-1) Development Standards
A. Minimum lot area: 7,000 square feet;
B. Minimum lot width: 70 feet;
C. Minimum lot depth: 100 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: twenty (20) feet;
2. Side: five (5) feet;
3. Side, street: ten (10) feet;
4. Rear: twenty (20) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
Maximum building height:
1. Main building: two and one-half (2 1/2) stodes not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Single Family Detached - Two (SFD-2)
A. Minimum lot area: 5,400 minimum, 6,000 average;
B. Minimum lot width: 60 feet;
C. Minimum lot depth: 90 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: twenty (20) feet;
2. Side, interior: five (5) feet;
3. Side, street: ten (10) feet;
4. Rear: twenty (20) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1. Main building: two and one-half (2 1/2) stodes not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Single Family Detached - Three (SFD-3)
A. Minimum lot area: 4,250 minimum, 4,500 average;
B. Minimum lot width: 50 feet;
C. Minimum lot depth: 85 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: fifteen (15) feet (18' to garage);
2. Side, interior: five (5) feet;
3. Side, street: ten (10) feet;
4. Rear: fifteen (15) feet
5. Accessory structures shall meet all the required setbacks of the zone with th,~ exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
12F PI 358 I
S, ingle Family Detached - Four (SFD-4)
· A, Miaimum lot area: 3,375 minimum, 3,600 average;
B. Minimum lot width: 45 feet;
C. Minimum lot depth: 75 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: fifteen (15) feet (18' to garage);
2. Side, interior: five (5) feet;
3. Side, street: ten (10) feet;
4. Rear. fifteen (15) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Single Family Detached - Five (SFD-5)
A. Minimum lot area: 2,730 minimum, 2,940 average;
B. Minimum lot width: 42 feet;
C. Minimum lot depth: 65 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: fifteen (15) feet (18' to garage or +/- 5');
2. Side, interior: three (3) feet;
3. Side, street: six (6) feet;
4. Rear: ten (10) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Multi Family Attached - One (MFA-1)
A. Minimum lot area; 2,400 square feet;
B. Minimum lot area per dwelling unit: 2,400 square feet;
C. Minimum lot width; 35 feet;
D. Minimum lot depth; 60 feet;
E. Maximum lot coverage; 60%;
F. Minimum yard setbacks:
1. Front: fifteen (15) feet (5' to garage);
2. Side, interior; five (5) feet, except 0 feet when attached;
3. Side, street; ten (10) feet;
4. Rear: ten (10) feet;
5. Accessory structures shall meet all the required setbacks of the zone with the: exception that
the rear yard setback may be reduced to five (5) feet.
G. Maximum building height:
1. Main building: two and one-half (2 1/2) stodes not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Multi Family Attached - Two (MFA-2)
A. Minimum lot area; 1,800 square feet;
B. Minimum lot area per dwelling unit: 1,800 square feet;
C. Minimum lot width; thirty (30) feet;
D. Minimum lot depth; sixty (60) feet;
E. Maximum lot coverage; 60%;
F. Minimum yard setbacks:
§608[?_0131
· 1. ,Front: fifteen (15) feet (5' to garage);
2. · Side, interior; five (5) feet, except O feet when attached;
3. Side, street; ten (10) feet;
4. Rear; ten (10) feet;
5. Accessory structures shall meet ail the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
G. Maximum building height:
1. Main building: three (3) stodes not to exceed thirty-six (36) feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Commercial
A. As permitted in City of Auburn Zoning Ordinance chapter 18.26, C-1 Light Commercial District
Additional Uses Permitted in Residential Zones
A. Municipal Services
1. Police
2. Fire
3. Library
4. Parks
B. Day Care
C. Church
D. Community Center/Recreation Facilities
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EXHIBIT "D" TO ORDINANCE 4867
RESOLUTION NO. 1 4 0 8__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
AUTHORIZING THE MAYOR AND CITY CtERK OF THE CITY OF
3 0 1996
MAY
WAS
AUBURN TO EXECUTE A
WATER SYSTEM DEVELOPMENT AND ACCEPTANCE AGREEMENT WITH ROLAND A. AND
DORA M. OtABTREE AND TO ACCEPT THE STATUTORY WARRANTY DEED AND TO CAUSE
THE SAME TO BE RECORDED IR THE OFFICE OF THE KING COUNTY RECORDER.
THE CITY COUNCIL OF THE CITY OF AUBURN. WASHINGTON. IN A REGULAR )~EETING
DULY ASSEMBLED, HEREWITH RESOLVES THAT:
THE Mayor and City Clerk of the City.oK Auburn, Washington, are h~reWtth
authorized to execute a Water System Development and ~cceptance Agreemen% with
Roland A. and Dora M. Crabtree and to accept the Statutory Warranty Deed and~
to cause the same to be recorded in the Office of the King County Recorder. A
copy of said Aqreement and Statutory Warranty Deed are attached hereto, deno-
minated as Exhibits 'A' and 'B' respectively and made a part hereof as though
set forth in full 'herein.
THE Mayor is hereby authorized to implement such administrative procedures
as may be necessary to carry out the directions of this legislation.
DATED and SIGNEO this 21st day of November,' 1983.
· ,r.LED for ReE0rd at, Request'ol
A1TEST:
Resolution'No..1468 :.
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WATER SYSTEM DEVELOPMENT AND ACCEPTANCE
AGI~EEMENT
This Agreement is made this /~'~/~ day of~ , 1983, bet-
ween the City of Auburn, a municipal corporation, hereinafter called the
'City', and Roland A. and Dora N. Crabtree, their heirs, successors, and
assigns, hereinafter called the 'Owner'.
WITHESSETH:
RECITALS
A. Owner is presently developing a 1266 Ac+ tra~t con~nonly known as
Lakeland Hills (described in Exhibit 'A'). Approximately 443 acres of
Lakeland Hills are located within the City of Auburn; approximately 780 acres
are located within Pierce County and approximately 43 acres are located within
the City of Pacific.
B. A report regarding the water system requirements for the Lakeland
Hills development and vicinity was prepared on December 12, 1979, and revised
on April 24, IgBO, and December 16, 1982, by Straam Engineers, Inc. The Straam
Report proposes a water system which will support full development of Lakeland
~llls. The Straam Report is reproduced in its enttret~ as Exhibit 'B'.
C. As of the Uate of this Agreement, Owner has paid for and'constructed,
as recoranended by the Straam Report, a one mtlltoh gallon standpipe, a 1000
gpm capacity well together with appurtenant transmission lines (hereinafter
called the 'Facilities', all of which are more fully described in Exhibit
and a 12" main which crosses the Stuck River (more fully described in Exhibit
"D"), allowing for future access to the City's water system at 41st and
Street. The cost of construction to the Owner is nearly Eight Hundred Sixty-
Nine Thousand, Seven Hundred and Thirty Dollars ($86g,730.00) and will not be.
fully reimbursed by a waiver to Lakeland Hills of City system development
charges for water service.
D.. The City will allow 384 single-family residential connections to.the
Facilities fro~ houses constructed within Divisions 1,.2, 3, 3 extension and 4.
Water System Development and
Acceptance Agreement
.!
9608120131
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~whi~h divisions comprise approximately 384 dwelling units, provided al1 land- . ,.
use approvals are acquired from the City, After the 384th connection, no '
a~dltional connections will be allowed to the Facilities until another source,
i.e., well or main Intertie, is provided in accordance with the Comprehensive
Plan. The existing Stage ! storage reservoir, which is part of the
Facilities, will serve 1,025 dwelling units as a single source and an undeter.-
mined number of services as a multiple source storage and is reserved for
'Lakeland Hills. The well capacity is greater than that heeded for Stage
but additional water source facilities will. be needed in the future to use
such capacity. An additional 186 connections will b~ allowed within Division
5 (TaWeel Hoblle Rome Park) if a main tntertte is made with the existing City
of Auburn system on 41st Street Southeast and Owners' constructed river
crossing lying north of the Stuck River.
E. C)wner desires to transfer the portions of the water system,' described
in Exhibit %% to the City and to complete, as required,.the remaining por-
tions of the system within Lakeland Hills in conformance with the Straam
Report and rece~mendation and amendments.
F. City desires to accept those portion's of the water system described
in Exhibit 'C' and will accept the remaining portions ~f the system or other
systems which wtll be developed in the future by the Owner wtthtq Lakeland
~tlls so long as such extensions or improvements to said water system are in
conformance with the City's Comprehensive Water Plan and amendments, t~hlch
Includes the Straam Report, and City construction standards as specified in
Chapter 15 of the Codified Ordinance of the City of Auburn pertaining to
building and construction standards.
G. The City has, by Resolution Ro. /~ , adopted by its City Council
on the ~/~-~ day of ~/'~()J~Y_Y99~LZ,L~. 1983, approved the execution of this
Agreement.
Water System Oevelopment
and Accept)nce Agreement
Page Two
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l', , NOW, THEREFORE, IT IS AGREED AS FOLLOWS: OBLIGATIONS O~ OWNER
1. ~reparatton and Delivery of As-Built Drawings. Within 90 days of exe-
cution of this Agreement, Owner shall deliver to the City reproducible
As-Built Construction drawings of the Facilities to-wit: One million gallon
stand pipe and 1000 gpm capacity well together with appurtenant transmission
lines {described in Exhibit 'C'). The As-Built Drawings shall be certified by
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a professional engineer.
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Z. ~elemeterlng System. The Owner shall equip the Facilities with a
telemetering system as more particularly described in Exhibit 'E'. The tele-
metering system shall be installed prior to the issuance of the first
building permit within Lakeland Hills. The telemetering system shall be
transferred to the City in the manner set forth in Paragraph 3.
3. Transfer of Facilities. Within gO days of execution of this
Agreement, Owner shall transfer the Facilities to the City freeand clear of
16 all encumbrances by delivering to the City appropriate btlls of sale.
4. Srant of Easements. Concurrent with its transfer of Facilities, Owner
shall also grant to the City such other easements as are reasonably necessary
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for the operation and maintenance of the Facilities. Owner shall grant ease-
merits for further additions to or extensions of th~ Facilities upo~ the terms
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and conditions set forth in Paragraph 5.
B. Future Connections or e~tenslons. It is the intent of the parties
that the Facilities shall not be used to serve any properties located outside
Lakeland Hills. However, to the extent that the City, a special purpose
district, or any other person, public or prigate entity may desire to extend
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or connect to the Facilities outside of the Lakeland Hills. development, such
extension or connection shall be. consistent with the City's Cemprehenstve
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Water Plan and amendments and be mutually beneficial to Lakeland Hills.
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~9 Written permission of Owner shall be obtained prt~r to any such extension or
connection. Any such extension or connection shall not reduce the Lakeland
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Water System Development and
Acceptance Agreement
Page Three
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Hills supply or storage capacity, and fire flow below levels necessary to sup-
)orr the storage capacity, and fire flow below levels necessary to support the
issuance of building permits for full development within Lakeland Hills.
Applicants shall post a bond naming Owner as the insured in an amount suf-
ficient to fully compensate Owner for damages, including attorneys' fees, in
the event the water capacity of Lakeland Hills is adversely impacted or
tmpatred as a result of such extensions or connections. Owner's consent shall
be obtalned by sendtng a request by registered mat1, return receipt reqeested,
to Owner at the following address (or an address subsequently provided by the
Owner to the City): 205 Southwest 177th Street, Seattle, Washington 98166.
Permission shall be deemed to be granted if there is no response within 60
days. Owner is not required to grant permission within 60 days, however,' and
may request further information or a meeting on any such request.
6. Facilities Guarantee. If prior to the expiration of one (1) year
after the date of acceptance of the Facilities by the City, any work 4s found
to be defective, the Owner shall promptly, without cost to the City, either
correct such defective work or, if it has been rejected by the City, remove
and replace it with non-defective work. If 'the Owner does not promptly comply
with the terms of such instructions, the City may have. the defective work
corrected or the rejected work removed and replaced and all ·direct and
indirect costs of such removal and replacement, including compensation for
professional services, ·shall be paid by the Owner. To secure Owner's obliga-
tion hereunder, Owner shall deliver to the City within 30 days of the execu-
tion of this Agreement a maintenance bond in the fact amount of Fifty Thousand
Dollars {$50,000) payable to the City in form satisfactory to the City
Attorney. A facsimile of such security in a form satisfactory to the City
Attorney is attached as Exhibit
7. Hold Harmless. The Owner shall hold harmless and indemnify the City
from any obligations incurred by Owner for the construction' of the fao!lt~es
herein referred
Water System Development and
Acceptance Agreement
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. OB,LIGATIOHS OF THE CITY
8. Acceptanc~ of.Owner Completed Facilities. Within ninety (90) days of
Owner's transfer of the completed Facilities as specified in Paragraph 2 and
hereof, the City shall manifest in writing its acceptance of said Facilities;
provlded~ that the City's duty to accept the tendered Facilities are built in
accordance with AWA and APWA standards and that said Facilities satisfy
established fire flow criteria.
9. Conditions for Acceptance of Additional Facilities Within the City of.
Auburn. City will accept and operate such 'additional water system facilities
within the City as Owner or others may construct, so long as such facilities
are built in accordance with the Straam Report, Comprehensive Water Plan, pro-
visions of Sections 5 and 13. and the ~tandards specified in Paragraph 8.
10. No Con~ectlon Charge for Owner. In partial consideration for the
transfer of the Facilities, the City shall not impose upon the Owner or upon
an o~ner of a unit described in Paragraph A above, a latecomers~ system deve-
lopment, or other connection charge to connect to the Facilities, provided
that the O~ner installs the system as per Exhibit
11. Extensions Beyond the Auburn City Limits. City shall not be required
to accept any system or extension of the water system facilities within
Lakeland Hills which go beyond the City's municipal boundaries..The City
acknowledges Owner's right to construct, operate, or own a water system out-
side the municipal boundaries of the City, subject to any approvals of other
agencies as may be required by law. The'City will enter into appropriate
agreements with Owner and any other agencies having Jurisdiction to operate
and manage said systems or extensions, provided the following conditions are
met: (1) Owner obtains approval from the Washington Stat~ Department of
Health and Social Services to own and contract for the operation and main-
tenance of a private water system within those portions of Lakeland Hills
sttuated within Pierce County, City of Pactftct and within the BonneyLake
Water Franchise Area; (2) said system satisfies the standards specified in
Water System Development and
Acceptance Agreement
Page Five
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11/21/83
96D81 0131
ATTEST:
Paragraph 8 and are built in conformity with the Clty C~prehenstve Water
Plan and recomendattons contained in the Straam Report including any
amendments; and (3) Owner agrees to indemnify City and hold harmless from an),
claims or lawsuits ~Ich may be filed by other Jurisdictions, districts,
public or private entities alleging that the private water system operated by
the City constitutes an unlawful or unreasonable duplication of municipal ser-
vices or an tnfrtngemnt of the franchise and contract rights of qther water
suppliers.
Section 12. Owner herewith conveys and warrants to the City any and all.
water rights o~ed or to be obtained in the future ~ o~er from the State or
any other subdivision thereof pertaining to the above described ~ll and
appurtenances.
IN WITNESS WNEREOF, the parties have hereunto set their hands and official
seals the d~ and year first above mitten.
.BAYER'
OWNERS
land A. Crabtree
Dora lq. Crabtree
Water System Oevelopment and
Acceptance Agreement
Page Six
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9608120131