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ORDINANCE NO. 4 9 8 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY
AND THE FAMILY OF GRACE LUTHERAN CHURCH.
WHEREAS, THE FAMILY OF GRACE LUTHERAN CHURCH are the
owners of property within the City of Auburn's Potential
Annexation Area; and
WHEREAS, THE FAMILY OF GRACE LUTHERAN CHURCH are applying
to King County ~or a building permit; and
the
WHEREAS, Application No. WSC0017-97 has been submitted to
City of Auburn, Washington, on May 23, 1997 requesting
water and/or sewer availability certificates; and
WHEREAS, City of Auburn Comprehensive Plan Policy
requires, as a condition of extending water and/or sewer
service, a legally binding agreement to support annexation to
the City time as the City deems appropriate, and
to comply with appropriate City development
facility specifications; and
at such
requires agreement
standards and public
CE-3
Ordinance No. 4987
June 30, 1997
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WHEREAS, RCW 36.70B.170
development agreement; and
WHEREAS, RCW 36.70B.200
agreements
defines such an agreement as a
requires approval of development
only after a City has held a public hearing; and
WHEREAS, the City of Auburn City Council has designated
the Planning and Community Development Committee as the
appropriate body to hold these public hearings; and
WHEREAS, after proper notice published in the City's
official newspaper at least ten (10) days prior to the date of
the public hearing, the Planning and Community Development
Committee at a public meeting held on June 23,
a public hearing on the application; and
WHEREAS, at the hearing, the planning
1997, conducted
and Community
Development Committee heard public testimony and took evidence
and exhibits into consideration of the application;
thereafter, the Planning and
based upon the Finding~s
to recommend to the City
WHEREAS,
Development Committee,
contained herein, voted
and
Community
of Fact
it approve the agreement which provides for the
water and/or sewer availability certificates.
that
issuance of
Ordinance No. 4987
June 30, 1997
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2.
3.
Water and sewer service is available at t]~e property.
The Public Works Department has determined tkLat water and
sewer service is or can be made available to the
property.
The proposal is consistent with City
standards. The proposal meets City
Standards.
development
Development
The proposal is consistent with the City Comprehensive
Plan. The Comprehensive Plan Designation in the area is
for Single Family Residential Development. Churches are
conditional uses in City single family districts.
The property can not be annexed immediately. The
property is approximately 3/4 of a mile from the existing
City limits.
For each of the above reasons, it is the recommendation
of the Planning and Community Development Committee to the
Auburn City Council that authorization for the execution of
the development agreement and the issuance of water and/or
sewer certificates be approved.
Ordinance No, 4987
June 30, 1997
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Findings of Fact are herewith
approved and incorporated in this Ordinance.
~ The Mayor and
Auburn, Washington, are hereby
development agreement between the
LUTHERAN CHURCH. A copy of said agreement is attached hereto
as Exhibit "A" and incorporated herein by reference.
City Clerk of the City of
authorized to execute the
City and THE FAMILY OF GRACE
~_~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
take effect and be in
approval and
out the directives of this legislation.
~ This Ordinance shall
force five (5) days from and after its passage,
publication, as provided by law.
Ordinance NO. 4987
June 30, 1997
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ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4987
June 30, 1997
Page 5
RETURN ADDRESS
WSC0017-97
PARCEL#091205-9043
ADDITIONAL LEGAL ON PAGE 10
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 Family of Grace Lutheran Church 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 p~'operty 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 Building Permit approval from King County for the
PROPERTY.
1.3. The OWNER has requested the CITY to furnish water and sewer s,srvices 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.
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
1.§. This Agreement does not preclude any evaluation and determination by the CITY
that later development actions or proposals undertaken by the OWNER may require e 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 th,e 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 '[he 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: 31317 124th Ave SE
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:
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
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 ANNE)( 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, petiitions 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 ~grees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property
to be annexed in the event the PROPERTY is within a proposed annexation area.
3.3.1 The OWNER further recognizes that other methods of annexation are allowed under
the laws of the State of Washington, including the election method.
3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an
admission that the OWNER understands the certain rights which the OWNER has regarding the
PROPERTY and that the OWNER is willingly waiving such rights in consideration ol= 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 OWNI-'R'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
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
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 MITIGATION MFASURES
The OWNER, in consideration of the CITY'S agreement to provide water and sewer
utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the
PROPERTY, does hereby agree and covenant as follows:
4.1. None.
5. C~L~LEJ~ZJ~JDJ~
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 19etween 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.
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
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, roles, and regulations of the State of Washington and the CITY.
5.6. The terms and provisions of this PETITION, AGREEMENT AND COVENANT shall
inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the
parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any
subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and
costs.
5.7. Any notice or demand required or permitted to be given under this Agreement shall
be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to
the address of the parties set forth below. Any notice shall be deemed to have been, given on the
date it is deposited in the U.S. Postal Service mail with postage prepaid.
5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all
notifications, including recording, to all parties of interest and future parties of interest.
5.8. In the event that any term, provision, condition, clause or other portion of this
Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision,
condition, clause or other portion of this Agreement, and the remainder of this 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 r/~.,~l,/~ d~, 19c~7
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
Michael O. Reynolds,
City Attorney
OWNER:
Family of Grace Lutheran Church
/ESENTATIVE:
TITLE: Conoreoation President
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
STATE OF WASHINGTON
COUNTY OF KING
On this
)
) ss
)
)~ '~' day of ¢_~_/t.~ , 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 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.
of Washington, residing at Pierce Countv
MY COMMISSION EXPIRES:
03-09-99
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
STATE OF WASHINGTON )
) ss
COUNTY OF KING
On this-- ~ 7','~ day of
qu?us½
, 19 ~'~,' before me,
the undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared Robert L. Frerichs, the Congregation President of Family of Grace
Lutheran Church, the REPRESENTATIVE that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for
the uses and purposes therein mentioned, and on oath stated that they are authorized to execute
said instrument on behalf of said OWNER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
(Printed Name)
NOTARY PUBLIC in and for the State
of Washington, residing at
MY COMMISSION EXPIRES:
Exhibit A - Ordinance No. 4987
adopted July 7, 1997
ATTACHMENT A
LEGAL DESCRIPTION:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
THE NORTH 266.87 FEET OF THE WEST 489,68 FEET OF THE EAST 619.68 FEET OF THE SOUTH
HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 9, PER KING COUNTY LOT LINE ADJUSTMENT NO. 382032.
Exhibit A - Ordinance No. 4987
adopted July 7, 1997