HomeMy WebLinkAbout51131 ORDINANCE NO. 5 I i 3
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY
4 AND FIRST WELLINGTON CROWN CORP.
5
6 WHEREAS, FIRST WELLINGTON CROWN CORP., is the owner of
7 property within the City of Auburn's Potential Annexation
8 Area; and
9 WHEREAS, FIRST WELLINGTON CROWN CORP. is applying to King
10 County for a building permit and binding site plan; and
ll WHEREAS, Application No. WSC007-98 was submitted to the
12 City of Auburn, Washington, on April 29, 1998 requesting water
13 and/or sewer availability certificates; and
]4 WHEREAS, City of Auburn Comprehensive Plan Policy CE-3
15 requires, as a condition of extending water and/or sewer
16 service, a legally binding agreement to support annexation to
17 the City at such time as the City deems appropriate, and
18 requires agreement to comply with appropriate City development
]9 standards and public facility specifications; and
20 WHEREAS, RCW 36.70B.170 defines such an agreement as a
21 development agreement; and
22 WHEREAS, RCW 36.70B.200 requires approval of development
23 agreements only after a City has held a public hearing; and
24
25
26
Ordinance No. 5113
July 1, 1998
Page 1
] WHEREAS, the City of Auburn City Council has designated
2 the Planning and Community Development Committee as the
3 appropriate body to hold these public hearings; and
4 WHEREAS, after proper notice published in the City's
5 official newspaper at least ten (10) days prior to the date of
6 the public hearing, the Planning and Community Development
7 Committee at a public meeting held on June 22, 1998, conducted
8 a public hearing on the application; and
9 WHEREAS, at the hearing the Planning and Community
10 Development Committee heard public testimony and took evidence
]1 and exhibits into consideration of the application; and
12 WHEREAS, thereafter, the Planning and Community
13 Development Committee, based upon the Findings of Fact
14 contained herein, voted to recommend to the City Council that
]5 it approve the Agreement which provides for the issuance of
16 water and/or sewer availability certificates.
17
18 FINDINGS OF FACT
]9
1. Water and sewer service is available to the property.
20
The Public Works Department has determined that water and
2]
sewer service can be made available to the property.
22
2. The proposal is consistent with City development
24 standards. The proposal meets City Development
25
Ordinance No. 5113
July 1, 1998
Page 2
! Standards. The development agreement includes a
2 provision for a payment in lieu of the dedication of land
3 for parks.
4 3. The proposal is consistent with the City Comprehensive
5 Plan. Comprehensive Plan Designation in the area is for
Light Commercial. Multi-family housing is a potential
7
use under this designation.
8
4. The property can not be annexed immediately. The
9
property is approximately one and one-quarter (1-1/4)
10
mile from the existing City limits.
]1
For each of the above reasons, it is the recommendation
12
of the Planning and Community Development Committee to the
13
Auburn City Council that authorization for the execution of
14
the Development agreement and the issuance of water and/or
15
sewer certificates be approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
18
Section 1. The above cited Findings of Fact are herewith
19
20 approved and incorporated in this Ordinance.
21 Section 2. The Mayor and City Clerk of the City of
22 Auburn, Washington, are hereby authorized to execute the
23 Development Agreement between the city and FIRST WELLINGTON
24
25
26
Ordinance No. 5113
July 1, 1998
Page 3
] CROWN CORP. A copy of said Agreement is attached hereto as
2 Exhibit "A" and incorporated herein by reference.
3 Section 3. The Mayor is hereby authorized to implement
4
such administrative procedures as may be necessary to carry
5
out the directives of this legislation.
Section 4. This Ordinance shall take effect and be in
7
force five (5) days from and after its passage, approval and
8
publication, as provided by law.
9
10
INTRODUCED: July 6, 1998
11
PASSED: July 6, 1998
12
APPROVED: July 6, 1998
14 ~~ CH~LES TH
15 MAYOR
16 ATTEST:
]8 Danielle E. Daskam,
City Clerk
19
20 ~PROVED AS TO FORM:
2]~~
22 ld
Reyno s,
City Attorney
25
Ordinance No. 5113
July 1, 1998
Page 4
PETITION FOR ANNEXATION,
ANNEXATION AGREEMENT
AND
DECLARATION OF COVENANT ~"'~ L~/t C)
Return Address FILED BY PNW]'
WSC0007-98
Parcel Number(s) 092105-9006
Sou~h ~f sw~ NE¼ 9-21-5
Additional leqal on I~aqe 10
The Agreement executed herein between the City of Auburn, Washington, a municipal
corporation. hereinafter referred to as "CITY" and Lea Hill Multiple, LLP and the heirs. assigns. and/or
successors in interest of certain property, hereinaffer referred to as "OWNER", is for and in consideration
of the furnishing of utility service by the CITY to certain property of the OWNER hereinaffer rei'erred to as
"PROPERTY". The OWNER does hereby petition for annexation of the PROPERTY to the CITY, does
hereby agree to the conditions or annexation herein, and does hereby declare ~his 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 site plan approval from King County for the PROPERTY.
1.3. The OWNER has requested the CiTY to furnish water and sewer services to the
PROPERTY.
1.4. This Agreement to extend water and sewer services outside the corporate limits of the
CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary
(initials of a plicant and month and year here-record 'as f~le)
.......
WSC07anx98
10/13/98 "':
Page 1 , ~.
.,:.!i.'
agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be
applied hereto.
1.5. This Agreement does net preclude any evaluation and determination by the CITY that
later development actions or proposals' undertaken by the OWNER may require a determination of
significance and environmental review under SEPA.
1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future
annexation and compliance with certain other conditions as a prerequisite for the extension of utility
service outside the corporate limits of the CITY.
1,7. A City's requirement of an annexation agreement or a commitment to future annexation
as a condition of extending utility service outside the corporate limits of the CITY is recognized by
Washington law.
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 eftotis toward annexation.
1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or
URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan
pursuant to the King County and Pierce County Countywide Planning Policies.
1.10. It is in the interest of the citizens of the CITY to insure that all public improvements which
are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the
CITY are constructed in accordance with CITY construction standards.
1.11. The OWNER'S request for the extension of utility services was duly considered by the
CITY. and it was determined that the furnishing of water and sewer services to the PROPERTY would
be proper upon the fulfilling of all conditions herein.
1.12 The OWNER does hereby acknowledge that in the event of violation or breach or 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 harmiess from any and all claims oi' any
party
2. PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows:
(initials of appli~ nt nd month and year here-record as file)
.....
WSC07anx98
1 O/13/98
Page 2
The PROPERTY is legally described in Attachment A, attached hereto and represented
by reference as if set forth in full. The OVVNER warrant that Attachment A is correct as fully describing
subject PROPERTY. ~
3. PETITION AND COVENANT FOR ANNEXATION
The OWNER, in consideration of the CITY'S agreement to provide utility service to the
PROPERTY, does hereby petition, agree and covenant as follows:
3.1. The OWNER does hereby petition for annexation of the PROPERTY to the CITY and
thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area
which is being considered for annexation to the CITY, said OWNER does join in said annexation and by
this PETITION does provide th. is 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 applicati<3n to the area to be annexed of the CITY Comprehensive Plan and land
use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for
him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the
CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that such
agreement is to constitute a covenant running with the land. that he/she/they shall, whenever so
requested, execute such letters. notices, petitions or other instruments. Owner agrees to record this
document and specifically advise future interests in the property.
3.3. The OWNER recognizes that the laws of the State of Washington relating to the
annexation of property by a city provides that property may be annexed to a city if property owners. equal
to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition
for such an annexation. The OWNER recognizes and agrees that by signing this Agreement, the
PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the
PROPERTY is within a proposed annexation area.
3 3.1 The O~A/NER further recognizes that other methods of annexation are allowed under the
laws of the State of Washington. including the election method.
3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an
admission that the OWNER understands the certain rights which the OWNER has regarding the
PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the
described utility services.
and yea, he,e-,eco,d as .,el
WSCO7anxg8
1 O/13/98
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 or the CITY which was contracted
prior to. or existing at. the date of annexation.
36 The undersigned OWNER of the PROPERTY, on behalf of himselflherselflthemselves,
hislherltheir 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 or 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 oi' said real propert'y. 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 MEASURES
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 The OWNER shall transfer $93,000 to the CITY. or the governmental body whose
jurisdiction the property is located in at the time of final approval, for park planning purposes in the vicinity
of the property covered by this agreement, The purpose of the park planning will be to mitigate the
impacts of this development on the park system in the area of the subject property,
5. GENERAL PROVISIONS
The OWNER a~c~ the CITY do hereby acknowledge and agree to the following provisions
which apply to the entire Agreement heroin.
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 cont']ict between CITY
standards and any applicable County standards, the more restrictive standards as determined by the
CITY shall apply.
(initials or ap l/cant d month and year here-record as file)
....
WSC07anx98
10/13/98
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 othervzise 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 pubiic 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 shal~ be made unless mutually agreed upon by the
parties in writing.
5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in
the performance of any of the provisions of this Agreement a legal action is instituted, the party not
prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is
hereby agreed that the venue of any legal action brought under the terms or this Agreement shall be King
County, Washington. This Agreement shall be governed by the applicable laws, rules. and regulations or
the State or 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 l'ees 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 inlerest 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.
WSC07anx98
10/13/98
Page 5
5.9. Upon execution. this Agreement shall be recorded with the King County Auditor's office.
The OWNER shalt 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
CITY OF AUBURN
CHARLES a. BOOTH MAYOR
A~EST:
Dan~lle Daskam
CiW Clerk
~BROVED T FORM:
Michael J. Reynolds,
City Attorney
OWNER:
Lea Hill Multiple
A Washington Limited Pa~nership
By: HML, Inc.
Its: General Pa~ner
By: HerheR M. Levin
Its: President
FKG, Inc~neral Pa~ne~ '
By: F. King Grinell
Its: President
WSC07anx98
10/13/98
Page 6
STATE OF WASHINGTON )
COUNTY OF KING ~, ) 'l '.
Notaft Public in and for ~he Sta~e 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 C~ty
of Auburn. the corporation who executed the within and foregoing instrument. and acknowledged the said
instrument to be the free and volunta~ act and deed of said City of Auburn. for the uses and purposes
therein mentioned. and on oath stated that he is authorized to execute said instrument on behalf or said
corporation.
IN WITNESS ~EREOF. I have hereunto set my hand and affixed my official seal on the date
hereinabove set fo~h.
-~~ ~ ~ ") ' r'. ~
..... ..,.,,.. .....
- , ~t~'~ ..,
~*' ~ :Z~ (Prin Name) . '~',~h~' ~'~ "( ',,~ ~"' '
~ ~ '-..~e ~n.."~' .: NOTARY PUBLtC in and foc the State ~ :~
MY COMMISSION EXPIRES: ,'t'~ ~'. { ~
(initials of appli t month year here-record as file)
..:'_~.. ..... ,,.~!~_, and
WSC07anx98
10113/98
Page 7
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this /J~ a f tTZ~-/, ~'.-~ y~ Z/-.~.~.-, .19 ~/~', before me, the undersigned, a
dye L
Notary Public in and for the State of Washington, duly commissioned and sworn. personally appeared
Herbert M. Levin, the President of HML, Inc, the REPRESENTATIVE that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed el'
~ said OWNER, ~'or 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)
COMMISSION EXPIRES: ~ ~
WSC07anx98
10/13~98
Page 8
STATE OF WASHINGTON )
) ss
COUNTY OF KING i )
On this/..~Y~-'aay of 7?h~-,-,j,J_~,~ . ~g ~r. before me. the undersig,eU. a
Notary Public in and for the Slate or Washington; duly commissioned and sworn, personally appeared
F. King Grinell, the President of FKG, Inc, the REPRESENTATIVE that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and volunta~ 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 ~TNESS WHEREOF, I have hereunto set my hand and a~xed my official seal on the date
hereinabove set fo~h.
~o~...~,~'°~ ~... ~ ',,,
~ ~ o --.-- ~ ~ ~ (Printed Name)
.
(initials or ap lic nt nd month and year here-record as ~le)
.,,,_.-..~_._~: ....
wsco7anx98
10/13/98
Page 9
ATTACHMENT A
LEGAL DESCRIPTION: ,,
The south half of the southwe.st quarter of the northeast quarter of Section 9, Township 21 North, Range 5
East, W.M., King County, Washington.
EXCEPT the West 215 feet;
AND EXCEPT the south 42 feet conveyed to King County for road by deeds recorded under King County
Recording Numbers 2649517 and 6053866.
WSC07anx98
10/13/98
Page 10