HomeMy WebLinkAbout50521
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
ORDINANCE NO. 5 0 5 2
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 ADDENDUM I TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND FINKBEINER DEVELOPMENT RECORDED IN KING
COUNTY LTNDER FILE NO. 9608150608.
WHEREAS, Finkbeiner Development is the owner of property
within the City of Auburn's Potential Annexation Area; and
WHEREAS, the City entered into a Petition for Annexation,
Annexation Agreement and Declaration of Covenant with
Finkbeiner Development on August 5, 1996 pursuant to Ordinance
4895 for the purposes contained therein; and
WHEREAS, it is now necessary to add provisions for the
dedication of the Bonneville Power easement and for park
improvements; 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 November 10, 1997,
conducted a public hearing on the addendum; and
Ordinance No. 5052
November 19, 1997
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
WHEREAS, at the hearing, the planning and Community
Development Committee heard public testimony and took evidence
and exhibits into consideration of the application; and
WHEREAS, thereafter the Planning and Community
Development Committee, voted to recommend to the City Council
that it approve the addendum to the agreement recorded in King
County under file No. 9608150608.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. The Mayor and City Clerk of the City of
Auburn, Washington, are hereby authorized to execute the
addendum to the development agreement between the City and
Finkbeiner Development recorded in King County under file No.
9608150608. A copy of said addendum is attached hereto as
Exhibit "A" and incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Ordinance No. 5052
November 19, 1997
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
Section 3. 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 : December 1, 1997
PASSED : December l, 1997
APPROVED : Dece.mber 1, 1997
(111~ - (10 cfc
CHARLES A. BOOTH
MAYOR
ATTEST:
x!=" Z~Q-~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
• - wnY~~ a
Michael J. Reynolds,
City Attorney
Published: II '-5 "9~
Ordinance No. 5052
November 19, 1997
Page 3
oVd ~0so
~r,`•~ ~r ~Ctv~
~
la
to
~
~
~
~
~
O
00
m
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
a i, ~~9$
,
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Petition for Annexation,(ADDENDUM I) Annexation Agreement and Declaration of
Covenant Between the City of Auburn and Finkbeiner Deveiopment, Inc.
2. f"" 9 1 r- t'1, i"! \ d 7'Oe a 9\ A 1"Y'
' _ . _ - - V\1 1405(o_1Z
Reference Number(s) of Documents assigned or released: i 7YS
Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
1.City of Auburn
2.
3.
4. Grantee/Assignee/Beneficiary: (Last name first)
1. Finkbeiner Development, Inc. s4ic; docLrnen?r-:~, :-varL =;g; Tc;
2. rc:~co-~
C~ 3. r:. t
o~3ouiiGn Li
4. as :o i4s
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SE quarter of Section 4, i ownship 21 North, Range 5 East and a more particularly description on Page 8
"Attachment B"
Q Additional legal is on page 8 of document.
Assessor's Property Tax Parcel/Account Number
042105-9075
Assessor Tax # not yet assigned
w5~ ~~~~~q/0
ADDENDUM I
TO PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND
DECLARATION OF COVENANT BEZ'WEEN THE CITY OF AUBURN AND
FINKBEINER DEVELOPMENT, INC.
T::is Addendum I is entered into by and between the
CITY Or AUBURN, a Municipal Corporation oi the S-.ate oi
Washington, hereinafter reierred to as "CITY", and
FINKBEINER DEtiEi,OPMENT, INC., and the heirs, ass"gns and/or
~ successors in interest in certain property, hereinaiter
~
~ referred to as "OWNER".
WHEREAS, the CITY entered into a Peti-Uion for
C~
V Annexation, Annexation Agreement and Declaration of
P"
0 Covenant with OWNER on August 5, 1996 pursuant to Ordinance
~
~ 4895 for the purposes contained therein; and
WHEREAS, it is now necessary to add provisions for tne
dedication of the Bonneviile Power easement and for park
improvements; and
NOW, THEREiORE, in consideration of the covenants and
conditions of this Addendum I to the ?lugust 5, 1996
Petition for Annexation, Annexation Agreement and
Declaration or Covenant recorded in King County under file
9608150608, the CITY and OWNER agree as iollows:
i. PJRPOSE:
It is the purpose of this Addendum I to amend the
August 5, 1995 Petition ~or Annexation, Annexation
Agreement, and Declaration of Covenant recorded in King
Cour.ty under file 9608150608 between the CITY and OWNER as
described above to add provisions ror the dedication of tne
Bonneville Power easement and park improvements.
2. BONNEVILLE POWER EASEMENT AND PARK IMPROVEMENTS:
It is agreed that the following provisions are added
h* to the August 5, 1996 Petition for Annexation, Annexation
LJ
,y and Declaration of Covenant as follows:
CAO
cq 4.1 Parks
~
0 The Bonneville Power easement (legally described in
~
00 attachment B which is attached ho..r,~oto and incorporated by
this reference) shall be dedicated to the CITY or the
governmental body in whose jurisdiction tne easement
property is located at the time of recording of the final
plat.
The OWNER sha11 pay for site planning and/or make
improvements to the dedicated easement property equal to
$10,000. The site planning to be ccmpleted and/or the
improvements to be made shail be agreed upon by the CITY.
In lieu of making thos2 improvements, and at the discretion
of the CITY or the governmental body in whose jurisdiction
tne eas2ment property is located at the time of recording
of tne final plat, the OWNER may be required to transter to
that jurisdiction, those tunds to be used solely for
capital projects or park planning purposes in the
Bonneville Power easement or on adjacent park lands.
Lighting within the Bonneville Power easement shall
provide for the safety of park users but must be sited and
~ designed to minimize light and giare on adjacent
~ residential properties. Light poles taller than 15 reet
~
".4 wi11 not be allowed within the Bonneville Power easement.
cc
~ 3. REMAINING PROVISIONS:
~
~ With the exception of the amendment to the Petition
GO
Q, for Annexation, Annexation Agreement and Declaration of
Covenant as set forth in Section 2 above, all of the
provisions set torth in the in tne Petition for Annexation,
Annexation Agreement and Declaration of Covenant entered
into between the parties on August 5, 1996 sha11 remain in
full force and efrect.
CITY OF AUBURN
~
CHARLES A. BOOTH
MAYOR
ATTEST:
DANIELLE DASKAM,
City Clerk
~
~ APPROVED AS TO FORM:
I ~
~ Michael J. Reynolds,
~ City Attorney
*-r
O
~ OWNER:
0
TITLE: President
Finkbeiner Development
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this 5~ day of 19~7
before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissior.ed and sworn,
personally appeared CHARLES A. BOOTH and DANIELLE DASKAM,
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 or_
.-4 oath stated that he is authorized to execute said
cc instrument on behalf of said corporation.
~
IN WITNESS WHEREOF, I have hereur.to set my hand and
O affixed my official seal on the date hereinabove set fortn.
~
~
A. ~ ••'SIO ~ ~i
T'aRy r : NOTARY PUBLIC in and for the Stat
of Washington, residing at ~c,~.5
~j •
;•,\~uV`~v ~ ~
:
~'`•~;~efiR 9,~°~~•',~0 MY COMMISSION EXPIRES : /O"
. C:~••.......• ~ ~
WASH\N
,0+ai1¢c~~~,1-,0
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
Gn this l~ 41 day of ~/-~,nl',~tAky
before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn,
personally appeared William Finkbeiner, the President ot
Finkbeiner Development, the REPRESENTATIVE that executed
the within and zoregoing 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,
LO and on oath stated that they are authorized to execute said
U'Z instrument on behalf of said OwNER.
~
~ IN WITNESS WHEREOr, I have hereunto set my hand and
C~o affixed my official seal on the date hereinabove set forth.
C14
~
O
~
(Printed Name)
NOTARY PUBLIC in and tor the State
of Washington, residing at 155/'~0 V (S~
MY COMMISSION EXPIRES : ld i
No'ary ?ublic
Stote of Washington
DONNA REA
My Appoir•tment Expires Dec 28, 2001
ATTACHMENT B
LEGAL DESCRIPTION:
THE NORTH 120 FEET OF A PARCEL OF LAND WITHIN THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., IN KING COUNTY MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN`rIING AT THE SOUTHWEST CORNER OF THE NORTHEAST QliARTER OF THE
SOUTHEAST QUARTER OF SAID SECT[ON 4; THENCE ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER SOUTH 89°55'00" EAST 660.72 FEET TO THE NORTHWEST CORNER
OF LOT 3 OF SHORT PLAT NO. 686029, RECORDING NO. 8710230942 RECORDS OF KING
COUNTY, WASHINGTON; THENCE ALONG THE WEST LINE OF SAID LOT 3 SOUTH 00°16'02"
EAST 640.46 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE
SOUTH LINE OF SAID LOT 3 SOUTH 89°SS00" EAST 256.04 FEET TO A POINT OPPOSITE
HIGHWAY ENGINEERS STATION (HEREINAFTER REFERRED TO AS HES) D 207 + 56.35 ON
THE D LINE SURVEY OF SR 18, SOUTHEAST 304TH STREET INTERCHANGE VICINITY AND
496 FEET, MORE OR LESS SOUTHWESTERLY THEREFROM; THENCE NORTH 00° 18'41"
WEST 318.96 FEET TO A POINT OPPOSITE HES D 209 + 94.60 ON SAID D LINE SURVEY AND
424.98 FEET SOUTHWESTERLY THEREFROM; THENCE NORTH 00°16'48" WEST 262.78 FEET
~ TO A POINT OPPOSITE HES D 212 + 00 ON SAID D LINE SURVEY AND 405 FEET WESTERLY
THEREFROM; THENCE SOUTH 89°17'33" WEST 206.00 FEET TO A POINT OPPOSITE HES D
~ 212 + 00 ON SAID D LINE SURVEY AND 611 FEET WESTERLY THEREFROM; THENCE NORTH
r~ 00°13'40" WEST PARALLEL WITH SAID D LINE SURVEY 355.01 FEET TO A POINT OPPOSITE
co HES D 215 + 50 THENCE NORTH 89°46'20" EAST, 580.93 FEET TO THE WESTERLY MARGIN
~ OF 132ND AVENUE SE; THENCE ALONG SAID WESTERLY MARGIN NORTH 00°13'40" WEST
,y 125.00 FEET; THENCE ALONG A CURVE TO THE RIGHT SAID CURVE HAVING A TANGENT
0 BEARING SOUTH 00° 13'40" Ef1ST, A RADIUS OF 25.00 FEET AND A DELTA ANGLE OF
90°00'00" ALONG AN ARC DISTANCE OF 39.27 FEET; THENCE SOUTH 89°46'20" WEST 436.03
00 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGF-iT HAVING A
~ RADIUS OF 431.07 FEET AND A DELTA ANGLE OF 33°48'44" ALONG AN ARC DISTANCE OF
254.39 FEET; THENCE NORTH 39°58'34" EAST 6834 FEET; TI-ENCE NORTH 40°27'23" EAST
129.62 FEET; THENCE NORTH 34°2T45" EAST 115.99 FEET; THENCE NORTH 48°09'32" EAST,
53.32 FEET; THENCE SOUTH 44001' 19" EAST 62.49 FEET; THENCE NORTH 45°58'41" EAST
586.26 FEET TO THE WESTERLY NIARGIN OF 132ND AVEiNUE SE; THENCE ALONG SAID
WESTERLY MARGIN NORTH 00°13'40" WEST 200.00 FEET TO THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID NORTH LINE Iv`ORTH
89049'56" WEST 129326 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE WEST
LINE OF SAID NORTHEAST QUARTER SOUTH 00°18'23" EAST 1313.32 FEET TO THE TRUE
POIiNT OF BEGINNING.