HomeMy WebLinkAbout50951
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ORDINANCE NO. 5 0 9 5
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 D & E INVESTMENTS.
WHEREAS, D& E INVESTMENTS is the owner of property
within the City of Auburn's Potential Annexation Area; and
WHEREAS, D& E INVESTMENTS is applying to King County for
a preliminary plat; and
WHEREAS, Application No. WSC0001-98 was submitted to the
City of Auburn, Washington, on January 2, 1998, requesting
water and/or sewer availability certificates; and
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3
requires, as a condition of extending water and/or sewer
service, a legally binding agreement to support annexation to
the City at such time as the City deems appropriate, and
requires agreement to comply with appropriate City development
standards and public facility specifications; and
WHEREAS, RCW 36.70B.170 defines such an agreement as a
development agreement; and
WHEREAS, RCW 36.70B.200 requires approval of development
agreements 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
Ordinance No. 5095
April 29, 1998
Page 1
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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 April 27, 1998,
conducted a public hearing on the application; and
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, based upon the Findings of Fact
contained herein, voted to recommend to the City Council that
it approve the agreement which provides for the issuance of
water and/or sewer availability certificates.
FINDINGS OF FACT
1. Sewer service is available at the property. The Public
Works Department has determined that sewer service is or
can be made available to the property.
2. The proposal is consistent with City development
standards. Applicant revised the preliminary plat to
meet City Development Standards.
3. The proposal is consistent with the City Comprehensive
Plan. Comprehensive Plan Designation in the are is for
Single Family Residential Development.
Ordinance No. 5095
April 29, 1998
Page 2
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4. The property can not be annexed immediately. The
property is approximately one-half (1/2) 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Findings of Fact are herewith
approved and incorporated in this Ordinance.
Section 2. The Mayor and City Clerk of the City of
Auburn, Washington, are hereby authorized to execute the
development agreement between the City and D& E INVESTMENTS.
A copy of said agreement is attached hereto as Exhibit "A" and
incorporated herein by reference.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Ordinance No. 5095
April 29, 1998
Page 3
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Section 4. 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: MaY 4, 1998
PASSED : M,ay 4, 1998
APPROVED : May 4, 1998
Q-1ttoll-e'5, t
~'~t I Q)O~ ,
CHARLES A. BOO H
MAYOR
ATTEST:
L-d-z~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
..zu G/
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5095
April 29, 1998
Page 4
Return Address
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WSC0001-98
Parcel Number(s) 9 280-0045 ~
926280-0080 & 926280-0085
Additional leqal on paqe 10
PETITION FOR ANNEXATION
ANNEXATlON AGREEMENT
AND
DECLARATION OF COVENANT
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The Agreement executed herein between the City of Auburn, Washington, a municipal
corporation, hereinafter referred to as "CITY" and D & E investments, LLC and the heirs, assigns,
and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in
consideration of the furnishing of utility service by the CITY to certain property of the OWNER
hereinafter referred to as "PROPERTY". The OWNER does hereby petition for annexation of the
PROPERTY to the CITY, does hereby agree to the conditions of annexation herein, and does
hereby declare this covenant.
1 ACKNOWLEDGEMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
1.1. The OWNER is the owner of certain PROPERTY which is located outside the
corporate limits of the CITY.
1.2. The OWNER is seeking Preliminary Plat approval from King County for the
PROPERTY.
1.3. The OWNER has requested the CITY to furnish sewer services to the PROPERTY.
1.4. This Agreement to exiend 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.
Page 1
Exhibit "A"
Ordinance No. 5095
1.5. This Agreement does not preclude any evaluation and determination by the CITY
that later development actions or proposals undertaken by the OWNER may require a
determination of significance and environmental review under SEPA.
1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future
annexation and compliance with certain other conditions as a prerequisiie for the extension of utility
service outside the corporate limits of the CITY.
1.7. A City's requirement of an annexation agreement or a commitment to future
annexation as a condition of extending utility service outside the corporate limits of the CITY is
recognized by Washington law.
1.8. Extension of utility services beyond CITY limits is subject to the authority of the
King Counry 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 sewer services to the PROPERTY would be
proper upon the fulfilling of all conditions herein.
1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the
terms of this PETITION, AGREEMENT AND COVENANT, or upon the invalidation of this
PETITION, AGREEMENT AND COVENANT by judicial action, operation of law or otherwise, the
CITY reserves the right at its sole discretion to immediately terminate the provision of utiliry 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 foilows: 515` Ave South and South 3215t
Street.
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.
Page 2
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 foilows:
3.1. The OWNEft does hereby petition for annexation of the PROPERTY to the CITY
and thereby agrees, promises and covenants that if at any time the PROPERTY is included within
any area which is being considered for annexation to the CITY, said OWNER does join in said
annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the
petition referred to herein is irrevocable.
3.2. The OWNER agrees to execute all necessary documents such as letters, notices,
petitions or other instruments initiating, furthering or accomplishing the annexation of the
PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be
annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY
Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully
impose. The OWNER, for him/herlthemselves and for his/her/their heirs, successors and assigns,
agrees and covenants with the CITY, and to the present and future owners of ;he PROPERTY to
which this covenant relates, that such agreement is to constitute a covenant running with the land,
that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other
instruments. Owner agrees to record this document and specifically advise future interests in the
property.
3.3. The OWNER recognizes that the laws of the State of Washington relating to the
annexation of property by a city provides that property may be annexed to a city if property owners,
equai to sixty percent of the assessed value of property within the area proposed to be annexed,
sign a petition for such an annexation. The OWNER recognizes and agrees that by signing this
Agreement, the PROPERTY of the OWNER will automatically be included as a property to be
annexed in the event the PROPERTY is within a proposed annexation area.
3.3.1 The OWNER further recognizes that other methods of annexation are ailowed
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 w+llingly waiving such rights in consideration of receiving the
described utility services.
Page 3
3.5. The OWNER understands and agrees that upon annexation by the CITY, the
PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as
property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the
CITY which was contracted prior to, or existing at, the date of annexation.
3.6 The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the
CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to
the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act
which the OWNER may do with respect to the annexation of said real property. The CITY may
exercise this power through its City Cierk 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 obiigation set forth herein. This Special Power of Attorney
is not revocable and shalt 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
MEASURES
The OWNER, in consideration of the CITY'S agreement to provide 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. GENERAL PROVISIONS
The OWNER and the CITY do hereby acknowledge and agree to the following
provisions which apply to the entire Agreement herein.
5.1. The OWNER agrees that all future land use and development on the PROPERTY
wili meet all land use and development standards of the CITY. In the event of a conflict between
CITY standards and any applicable County standards, the more restrictive standards as determined
by the CITY shall apply.
Page 4
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 ailow CITY, at CITY'S option, plan review and approval
prior to construction, and CITY inspection during canstruction 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 uniess mutually agreed upon by
the parties in writing.
5.5. If for any reason of any default or breach on the part of either the OWNER or the
CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the
party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection
therewith. It is hereby agreed that the venue of any legal action brought under the terms of this
Agreement shall be King County, Washington. This Agreement shall be governed by the applicable
laws, rules, and regulations of the State of Washington and the CITY.
5.6. The terms and provisions of this PETITION, AGREEMENT AND COVENANT shall
inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the
parties hereto. The OWNER agrees to indemnify and hold the CITY harmiess 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 wili undertake, and be responsible for, afl
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,
cfause or other portion of this Agreement, and the remainder of this Agreement shali 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.
Page 5
5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's
office. The OWNER shall be responsible for recording and shail provide evidence of such recording
to the CITY.
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement
as of this day of , 19
Page 6
CITY OF AUBURN
- ~ ~v
cl-c-l
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle Daskam
City Cierk
,~?PROVED AS TO FORM:
~
Michael J. Reynolds,
Ciry Attorney
OWNER:
D & E investments, LLC
BY REPRESENTATIVE:
i
j,
Don Olson
TITLE: Manaqinq Partner
Page 7
STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this day of , 19qi, before me, the
undersigned, a Notary Public in and for the S ate of Washington, duly commissioned 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
Ciry 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 offciai seal on the
date hereinabove set forth.
JEN IFE L. FRANCIS
NOTARY PU IC in and for the State
of Washington, residing at Pierce Countv
MY COMMISSION EXPIRES: 03-09-99
Page 8
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of 119 , before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Don Olson, the Managing Partner of D& E Investments, LLC, 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.
W
Jci2P A R y;•
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9T••...., -'ti
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,
(Printed Name)
NOTARY PUBLIC in and for the'Statel
of Washington, residing at
MY COMMISSION EXPIRES:
Page 9
ATTACHMENT A
LEGAL DESCRIPTION:
Lots 9, 16, and 17 West Auburn Five Acre Tracts according to the plat thereof, recorded in volume
15 at page 12 records of King County, Washington.
Page 10