HomeMy WebLinkAbout5288 ORDINANCE NO. 5 2 8 8
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 ROBERT PORTER.
WHEREAS, ROBERT PORTER, is the owner of property within the City
of Auburn's Lea Hill Annexation Area; and
WHEREAS, ROBERT PORTER is applying to King County for a
preliminary plat approval; and
WHEREAS, Application No. WSC00017-98 was submitted to the City of
Auburn, Washington, on October 30, 1998, requesting water and sewer
availability certificates; and
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires,
as a condition of existing 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
Ordinance No. 5288
September 13, 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 September
13, 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, ROBERT PORTER, is the owner of property within the City
of Auburn's Lea Hill Annexation Area' understands and agrees water and sewer
services to the property may be limited by issues including the Endangered
Species Act (ESA) and other governmental agencies; and
WHEREAS, thereafter, the Planning and Community Development
Committee, based upon the Findings of Fact contained herein, voted to
Ordinance No. 5288
September 13, 1999
Page 2
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. Robert Porter has applied for Water and Sewer Certificates of Availability
for a property in the Lea Hill annexation area. The applicant anticipates
dividing the 2.68 acre parcel into 13 single-family lots.
2. Water and Sewer Certificates of availability and an Annexation
Agreement were issued for the property in 1994 for construction of one
single-family house.
3. A water main is available adjacent to the site. Water service will require
construction of a distribution system on the site and an 8" minimum
water main line "loop system" on site, as per Auburn City Code
13.16.090.
4. Sewer service will require an improvement to the sewer system of
approximately 50 feet of sewer trunk or lateral to reach the site, an on-
site collection system, and construction of approximately 400 feet of 8"
minimum sewer line from 116th Ave. SE to the easternmost lots. The
residential road as shown extends beyond the north property line.
5. The west side of the property is bound by 116t" Ave. SE, which is
designated by King County as a Future Collector Arterial. The entrance
to another housing development is located on the west side of the street,
opposite the proposed street entrance for the Porter development.
6. The Porter property and all surrounding properties are within King
County's R-6 (Residential) zone, which allows six dwelling units per acre.
Single family houses are located north and south of the proposed project
area. These houses face toward 116th Ave. SE.
Ordinance No. 5288
September 13, 1999
Page 3
7. The site plan submitted with the application is generally consistent with
the requirements of the City with the following exceptions:
a. The residential road as shown extends beyond the north property
line.
b. Half-street improvements, which include sidewalk, landscape
strip, vertical curb with gutter and illumination, are not clearly
shown.
c. The local residential road radius as shown is too tight; the
minimum radius is 420 feet.
8. The contents of the case file, WSC0017-98, are hereby incorporated by
reference and made part of the record of this hearing.
CONCLUSIONS
A. Staff has concluded that the Water and Sewer Certificates of Availability
may be approved in that it is consistent with the following criteria
necessary to grant the permit as outlined in Section 14.18,070 of the
Auburn City Code.
1. The proposal is consistent with the City Comprehensive Plan.
The proposed development is consistent with city development
standards, with the exceptions listed.
2. The development is consistent with the Comprehensive Plan.
The Comprehensive Plan designates this are as Single Family
Residential, the proposed project is consistent with this designation.
3. The property cannot be annexed immediately.
The property is more than ¼ mile from the existing city limits and is
surrounded by properties within King County.
B. Staff has evaluated the proposal and conduced that the property is too
narrow to accommodate the standard road requirements for curves. The
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September 13, 1999
Page 4
layout of the road as proposed is necessary in order to have it aligned
with the road directly across the street, as requested by King County.
9. This project will require a modification to the standard radius of 429 feet,
as allowed in Section 14.18.070. The modification can be approved in
that it is consistent with the findings needed to grant modifications. The
specific amount of modification will be determined and approved during
design and permitting by the City Engineer.
CONDITIONS
1. The access road to the project shall be constructed within the property
boundaries in its entirety, or an easement on the adjacent property should be
acquired.
2, Half-street improvements shall be provided for the development, as
outlined in Section 2.06 of the Auburn Design and Construction
Standards.
3. A modification to the city standards is needed to accept the horizontal
road curves as designed. The City Engineer shall have the authority to
approve the deviation pursuant to the Auburn Design and Construction
Standards, and to determine and approve the amount of modification to
be allowed.
4. The application shall sign an Annexation Agreement with the City.
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 sewer certificates be approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5288
September 13, 1999
Page 5
Section t. Purpose. The above cited Findings of Fact, Conclusions
and Conditions are herewith approved and incorporated in this Ordinance.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
adopted and approved and ratified irrespective of the fact that nay one or more
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Section3. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute the Development Agreement
between the City and ROBERT PORTER, Owner. A copy of said Agreement is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Ordinance No. 5288
September 13, 1999
Page 6
Section 5. Effective Date. 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: September 20, 1999
PASSED: September 20, 1999
APPROVED: September 20, 1999
MAYOR
Ordinance No. 5288
September 13, 1999
Page 7
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
M~J. Re~
City Attorney
Published:
Ordinance No. 5288
September 13, 1999
Page 8
,i
1999o93eeo1627
PRGE eel OF
eg/3e/1999 11:59
KING COUNTY,
PUBLIC MISC 33.ee
PETITION FOR ANNEXATION,
ANNEXATION AGREEMENT
AND
DECLARATION OF COVENANT
Return Address Plannincl Department
City of.Auburn. 25 W Main St.
Auburn. WA 98001
WSC0017-98
Parcel Number(s) 092105-9031
Additional Leclal on Pa.cle 10
The Agreement executed herein between the City of Auburn, Washington, a municipal
corporation, hereinafter referred to as "CITY" and Robert Porter 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 and sewer services to the
PROPERTY, which the owner understand and agrees may be limited by issues including the Endangered
Species Act (ESA).and other governmental agencies.
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
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. Washington law recognizes 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.
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
CI:I'Y, 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
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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 legally described in' Attachment A, attached hereto and represented
by reference as if set forth in full. The OWNER warrants 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
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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.
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 OVVNER'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: dbmestic 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 agi'eement.
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:
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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. The OWNER agrees to the following conditions:
5.1.1. The access road to the project shall be constructed within the property boundaries in its
entirety, or an easement on the adjacent property should be acquired.
5.1.2. Half-street improvements shall be provided for the development, as outlined in Section
2.06 of the Auburn Design and Construction Standards.
5.1.3. A modification to city standards is needed to accept the horizontal road curves as
designed. The City Engineer shall have the authority to approve the deviation pursuant to the Auburn
'Design and Construction Standards, and to determine and approve the amount of modification to be
allowed.
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 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 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
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County, Washington. The applicable laws, rules, and regulations of the State of Washington and the
CITY shall govern this Agreement.
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 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 mall 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 OVVNER and the CITY hereto have executed this Agreement as of
this Z--~)I'L'-__ day of ,.5~-f,+~,J0~.r-, 19 ~ .
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CITY OF AUBURN
CHARLES A. BOOTH MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
OWNER:
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STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 2~ ~7 'ff~ay of /~'~cZ-~, I ~
9__ 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 forth.
PRINTED NAME
NOTARY PUBLIC in and for the Stat~,~.
of Washington, residing at ,E~
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STATE OF WASHINGTON )
) SS
COUNTY OF KIN ./-~ ')
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Robert Porter, the OWNER that executed the within and foregoing instrument. and acknowledged the
said instrument to be the flee 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.
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P, age 9
ATTACHMENT A
LEGAL DESCRIPTION:
THE SOUTH 6 ACRES OF THE SW/4 OF THE SW/4 OF THE SW/4 OF SECTION 9, TWP 21 N, RGE
5E, W.M., IN KING COUNTY WA. EXCEPT THE EAST 200 FEET AND EXCEPT THE SOUTH 132 FEET
THEREOF; AND EXCEPT COUNTY ROAD.
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