HomeMy WebLinkAbout5231 ORDINANCE NO. 5 2 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
BETVVEEN THE CITY AND WHITE MOUNTAIN TRAILS LLC.
WHEREAS, WHITE MOUNTAIN TRAILS LLC. are the owners of
property within the City of Auburn's Potential Annexation Area; and
WHEREAS, WHITE MOUNTAIN TRAILS LLC. are applying to King
County for a preliminary plat; and
WHEREAS, Application No. WSC0016-98 was submitted to the City of
Auburn, Washington, on October 6, 1998 requesting water availability
certificate; and
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires,
as a condition of extending water 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
Ordinance 5231
July 1, 1999
Page 1
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
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 26,
1999, 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, the availability of water is contingent upon issues outside of
the control of the City which includes, but not limited to the Endangered
Species Act (ESA) and other governmental agencies; and
WHEREAS, sufficient water availability may be contingent upon other
agencies and may be limited by the Endangered Species Act; and
WHEREAS, thereafter, the Planning and Community Development
Committee, based upon the Findings of Fact contained herein, voted to
Ordinance 5231
July 1, 1999
Page 2
recommend to the City Council that it approve the Agreement which provides
for the issuance of water availability certificate.
FINDINGS OF FACT
1. Water service can be made available to the property.
The Public Works Department has determined that water service can be
made available to the property.
2. The proposal is consistent with City development standards. The
proposal as initially submitted has been modified and staff has
determined that the proposal meets City Development Standards.
Applicant will be required to construct 118t" Avenue SE to the south
property line, ending in a temporaW cul-de-sac.
3. The proposal is consistent with the City Comprehensive Plan, The
Comprehensive Plan Designation in the area is for Single Family
Residential Development.
4. The property can not be annexed immediately. The property is
approximately two and one-half (2 1/2) 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
Ordinance 5231
July 1, 1999
Page 3
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 WHITE MOUNTAIN TRAILS LLC. 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.
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.
Ordinance 5231
July 1, 1999
Page 4
INTRODUCED: July 6, 1999
PASSED: July 6, 1999
APPROVED: July 6, 1999
CHARLES A. BOOTH
MAYOR
ATTEST:
City Clerk
PROVED AS TO FORM:
Miohael d. Reynolds,
City Attorney
Published: ~/~2 c2
Ordinance 5231
July 1, 1999
Page 5
· ~j~OiC ~j~. ~REGE, ENGZNEE RG 25.ee N; COUNTy.
PETITION FOR ANNEXATION,
ANNEXATION AGREEMENT
AND
DECLARATION OF COVENANT
Return Address: City of Auburn Plannin.cl Department
25 West Main Street
Auburn, WA 98001
WSC0016-98
Parcel Number(s~ 042105-9006-01
Additional Le.qal on Paqe 10
'i'he Agreement executed herein be~een the City of Auburn, Washington, a municipal
corporation, hereinafter referred to as "CITY" and White Mountain Trails, 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.
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1.3. The OWNER has requested the CITY to furnish water service to the PROPERTY. which
the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA)
and other governmental agencies
1.4. This Agreement to extend water service 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.
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 service 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
(initials of a licant and onth and year here*record as file)
WS
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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:
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·
:~nt ~/d ',P nth and year here-record as file)
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JI~EGER ENGINEE i:IG 25.00
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.
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 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 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. SeA Below.
5. GENERAL PROVISIONS
:~,~)t anF/~and year here-record as file)
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KING COUNTY, WA
JAEGER ENGINEE AG 25, ee
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 Kin9 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 ~]i~ day of ~ ,19D.
(initials of applicant and month and year here-record as file)
WSC0016-98
07/01/99
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JAEGER irNGZNEE AG 25.ee KZNG COUNTY, IJA
CITY OF AUBURN
CHARLES a. BOOTH
MAYOR
ATTEST:
D~a~ielle Daskam City Clerk
APPROVED AS TO FORM:
Mi:h~e;n Ids~~. City Attorney
OWNER:
H~'M~ount~in'Trails, LL~s;~Wh~mber "
(initials of a,pp~ca~,,a,~month and year here-record as file)
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PACE 007 OF 010
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KZNG COUNTY,
JAEGER ENGXNEE AG 25.00
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this ;"/'/~ day of ,."~/,Jy , 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 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
herein above set fdrth.
.-' o.,>;j;~5';~'~:'..o'~.°"~ PRINTED NAME
: : --,-- ] = NOTARY PUBLIC in and for the State
;~%~ PU~UC ~l~= of Washington, residingat ~
~.~OBERI:~":~:~ MY COMMISSION EXPIRES:
·.,
(iWn:~~/an~f,~d year here-record as file)
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KING COUNTY, I~A
,JArGrR ENGINEE AG ZS.eo
STATE OF WASHING ~ ON )
) ss
COUNTY Of K4NG )
On this ~L'H~ day of ~,y~b, Ur , 19~1,~, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
H. James White, Managing Member for the White Mountain Trails, LLC. the OWNER 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)
'-.. ~% ..... ~ ,,,~ of Wd~hingtea, residing at
· ~,,,.,,,,,,,,,,~ MY COMMISSION EXPIRES: 0~ '~.~ -'
(initials of applicant and onth and year here-record as file)
WSC6_~'~~/'~
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09/I?/1999 12:34
,JAEZGER ENGINEE AG 25.88 KING COUNTY, WA
ATTACHMENT A
LEGAL DESCRIPTION:
Beginning at the NW Corner of Sect. 4, TWP 21N, RGE 5E, W.M.; the true PT. of Beginning;
Thence S 88°58'05"E, 1315.67 FT. Thence S 01°41'53'' W, 1031.19 FT. Thence N 870 48'42" W,
1316.48 FT. Thence N 010 44'46" E, 1004.63 FT to the True PT of Beginning.
(initials of applicant and mon and year here-record as file)
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KING COUNTY, WA
JAEGER ENGINEE AG 25,00