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ORDINANCE NO. 5 i 3 i
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 GEONERCO, INC.
the
WHEREAS, GEONERCO, INC., is the owner of property within
City of Auburn's Potential Annexation Area; and
WHEREAS, GEONERCO, INC. is applying to King County for a
preliminary plat; and
WHEREAS, Application No. WSC0011-98 was submitted to the
City of Auburn, Washington, on June 16, 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
Ordinance No. 5131
July 28, 1998
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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 July 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
Water and sewer service is available to the property.
The Public Works Department has determined that water and
sewer service can be made available to the property.
Ordinance No. 5131
July 28, 1998
Page 2
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2. The proposal is consistent with City development
standards. The proposal meets City Development
Standards.
3. The proposal is consistent with the City Comprehensive
in the area is
Plan. The Comprehensive Plan Designation
for Single Family Residential Development.
4. The property can not be annexed imm%ediately. The
property is approximately one and one-quarter (1-1/4)
miles 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 GEONERCO, INC. A
copy of said Agreement is attached hereto as Exhibit "A" and
incorporated herein by reference.
Ordinance No. 5131
July 28, 1998
Page 3
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Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
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.
ATTEST:
Danielle E. Daskam,
City Clerk
INTRODUCED: August 3, 1998
PASSED:
August 3, !99~
APPROVED: August 3, 1998
MAYOR
~pROVED AS^TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5131
July 28, 1998
Page 4
COPY RECEIVED
SEP 0 9 1998
KC RECORDS
Return Address
PETITION FOR ANNEXATION,
ANNEXATION AGREEMENT
AND
DECLARATION OF COVENANT
WSC0011-98
Parcel Number(s) 052105-9103, 052105-9112, 052105-9151
Additional leqal on pa.qe 9 ~.~C~_.~,~¥~
the C~ of A r
The Agreement executed herein between .._, [ty~._ ubup,.~Nashingt,ofi, a municilS~l
corporation, hereinafter referred to as "CITY" and ¢:,ee~..,,,eer-~c. 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 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 applicant and month and year here-record as file)
wsc0011-98
07~22~98
Page 1
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 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 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 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 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 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:
(initials of applicant and month and year hem-record as file)
WSCO011-98
07/22/98
Page 2
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:
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 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/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 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 of receiving the
described utility services.
(initials of applicant and month and year here-record as file)
WSC0011-98
07/22/98
Page 3
o
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¢
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.
3.5 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 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. 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 will
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.
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
(initials of applicant and month and year here-record as file)
WSC0011-98
07/22/98
Page 4
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.
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 institute~t, 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 CQVENANT 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 ,N4~-CT , 19'~¢'.
(initials of applicant and month and year here-record as file)
WSC0011-98
07~22~98
Page 5
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle Daskam
City Clerk
· Michae}J. Reynold!
City Attorney
OWNER:
(initials of applicant and month and year here-record as file)
WSC0011-98 0,~ ~'1.~1
0'7/22/98
Page 6
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STATE OF WASHINGTON )
) ss
COUNTY or K NC )
On this--~f:~'"day of "~/~' ~d'_/~ . 19 ~o~, before
me,
the
undersigned,
a
Notary Public in and for the State of Washington, duty 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 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.
(Printed Name)
NOTARY PUBLIC in and for the State
of Washington, residing at ~c,~'~,
MY COMMISSION EXPIRES: /~-
(initials of applicant and month and year here-record as file)
WSC0011-98
07/22/98
Page 7
STATE OF WASHINGTON
COUNTY OF KING
On this ~ day of
) SS
~tarv PubUcJn and for the ,State...o.f Washington, duly commissioned and sworn, personally appeared
.................................... Inc., the. R~a~E~¥T~4t~ that executed the w~th~n 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 'f~"L~I,~,~,~'~tQ)~JT~--
(initials of applicant and month and year here-record as file)
WSC0011-98
07/22/98
Page 8
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ATTACHMENT A
LEGAL DESCRIPTION:
SCHEDULE A2
DESCRIPTION:
Order No. 380035-5'K
PARCEL A:
LOT 3 OF KING COUNTY SHORT PLAT NO. 483049 AS RECORDED UNDER
RECORDING NO. 8308080863, RECORDS OF KING COUNTY, WASHINGTON.
PARCEL B:
THE NORTH 165 FEET OF THE WEST 660 FEET OF THE SOUTH HALF OF
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSI-I]P 21 NORTH, RANGE 5 EAST, W.M, IN
KING COUNTY, WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF FOR 112TH AVENUE SOUTHEAST.
PARCEL C:
THE WEST 792 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE SOUTH HALF OF TIlE SOUTH HALF OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH,
RANGE $ EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 165 FEET OF THE WEST 660 FEET THEREOF;
AND EXCEPT THE WEST 30 FEET FOR 112TH AVENUE SOUTI--~AST.
SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON.
(initials of applicant and month and year here-record as file)
WSCO011-98
07/22/98
Page 9