Loading...
HomeMy WebLinkAbout5578ORDINANCE NO. 5 5 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING ORDINANCE NO. 5564 DUE TO AN ERROR IN THE MAILED PUBLIC HEARING NOTICE AND THE POSTED PUBLIC HEARING NOTICE AND CREATING A NEW ORDINANCE ENTITLED "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, A& L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND DEBORAH OLSON". WHEREAS, the City of Auburn's Hearing Notice contained a typographical error that misstated the Planning and Community Development Committee's public hearing date; and WHEREAS, a typographical error necessitated repealing Ordinance No. 5564 and establishing Ordinance 5578 which provides a new Planning and Community Development Committee public hearing date held August 13, 2001; and WHEREAS, A& L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND DEBORAH OLSON are the owners of property to be developed at 9th Street East and 182nd Avenue East within the City of Auburn's Potential Annexation Area; and Ordinance No. 5578 August 15, 2001 Page 1 WHEREAS, A& L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND DEBORAH OLSON are applying to Pierce County for a development agreement; and WHEREAS, Application No. WSC01-0005 was submitted to the City of Auburn, Washington, on April 16, 2001, requesting sewer availability certificates; and WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of obtaining water and/or sewer service, a legally binding agreement to support annexation to the City at such time as the City deems annexation 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 required 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 Ordinance No. 5578 August 15, 2001 Page 2 Community Development Committee at a public meeting held on August 13, 2001, conducted a public hearing on WSC01-0005 application; and WHEREAS, at the hearing the Planning and Community Development Committee in considering the application heard public testimony and accepted evidence and exhibits regarding the development; and WHEREAS, A& L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND DEBORAH OLSON, who are the owners of property within the City of Auburn understands and agrees water and sewer services to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, at this time the City does not have an approved sewer comprehensive plan, 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. The applicant has submitted a sewer availability request for an approximately 193 lot residential plat in unincorporated Pierce County as well as two lots proposed for commercial development. The property has frontage on 182"d Avenue East and is to be the location for the future Lake Tapps Parkway East (currently undeveloped). The total acreage is approximately 84+ acres. The City of Bonney Lake will provide water service. Ordinance No. 5578 August 15, 2001 Page 3 2. The applicant proposes to develop the property in two `phases.' The area hereafter referred to as "Phase I" consists of the proposed Commercial lot located southeast of the Northwest Pipeline right-of-way at the intersection of 182nd Avenue East and 9th Street East. The area hereafter referred to as "Phase II" consists of the remaining commercial parcel, as well as all of the residential parcels. 3. The applicant's proposed project is located both within and outside of the City of Auburn Potential Annexation Area (PAA). That portion of the Northwest Pipeline right of way located south of the proposed Lake Tapps Parkway East as shown on the applicant's site plan forms the PAA boundary at this location. The PAA boundary resulted from a 1998 settlement agreement with the City of Bonney Lake. If approved, the sewer availability certificate shall only apply to that portion of the proposal within the City's PAA. 4. Auburn City Code Section 14.18.070, "Findings of Fact", notes that the development agreement be recommended for signing only if findings of fact are drawn to support the following: 1. The development is consistent with city development standards; and 2. The development is consistent with the city comprehensive plan; and 3. The property cannot be annexed immediately." 5. The following is an analysis of the proposal based on the criteria in finding #3 above: 1. The proposal must be consistent with City development standards. No modifications to City development standards were requested by the applicant. A review of the applicanYs proposal indicates that the proposal, if conditioned, can be made consistent with City development standards. These conditions include: A fire hydrant shall be located at a maximum of 300 feet from any residential lot access; The applicant's site plan proposes multiple access locations to Lake Tapps Parkway. East, several of which are unacceptable to the City. Adequate and safe access along Lake Tapps Parkway is of importance to the City of Auburn. Therefore, access locations along Lake Tapps Parkway will be determined in coordination with Pierce County and the City of Auburn and shall be subject to Pierce County and City of Auburn approval. Ordinance No. 5578 August 15, 2001 Page 4 . Interior streets must be public and will be built to City of Auburn standards; . Park property shall be dedicated and developed in accordance with City of Auburn level of service standards, or the developer shall provide an equivalent value of investment in a recreational improvement, to be negotiated by the Parks and Recreation Director and approved by the Planning and Community Development Committee; . Sewer, when installed, shall be installed according to City standards; and . All other applicable city development standards shall be complied with. To the extent that the Lake Tapps Parkway design may alter some elements of the proposal, further revisions to development plans will likely occur. Additional revisions shall be made in accordance with City standards. As it relates to sewer service specifically, sewer service can be made available to the property. Sanitary sewer service to the property is subject to the installation of a regional wastewater pump station together with the associated force main to convey wastewater to Auburn's existing gravity sewer mains. An extension of Auburn's gravity sewer system may be required and the extension of an eight- inch minimum diameter pipe is required through the property to serve the proposed development. Service is subject to connection charges, including payback charges and easements. (See also finding # 6 for related issue). 2. The proposal is consistent with the City Comprehensive Plan. The proposal is generally consistent with the City of Auburn Comprehensive Plan. The Plan designation for the property is "Single Family Residential". The applicant proposes to construct single family residences on much of the property. However, the applicant also intends to develop a portion of the property for commercial development. This portion of the property is also designated "Single Family Residenfial" on the City of Auburn Comprehensive Plan Map. The applicant indicates that the commercial development proposal on this portion of the property is presently being processed under a vested Conditional Use Permit application with Pierce County (Pierce County No. CP33-94). Ordinance No. 5578 August 15, 2001 Page 5 Finally, part of the proposal is outside of the City's PAA. That portion of the request located outside of the PAA should be denied as fhe city cannot annex that land pursuant to the requirements of the Growth Management Act. 3. The property can not be annexed immediately. The property abuts an incorporated island of city property that is park land associated with Lakeland Hills, that is not adjacent to the City limits. Otherwise, the subject property lies approximately one half mile from the existing City limits. 6. Sewer Service to Commercial Lots. The applicant's proposal indicates that at Phase I of the development, one of the two commercial sites, is to be served by a temporary (interim) septic system. The City will oppose the use of an interim septic system at this location due, in part, to the property's location within an Auburn aquifer recharge area. However, should Phase I be developed using an interim septic system, provision of sanitary sewer to Phase II of the proposal will be conditioned on the abandonment of Phase I's on-site septic system and connection to the City of Auburn sanitary sewer system. 7. The case file and its contents for WSC 01-0005 are incorporated by reference into this staff report. 8. On August 13, 2001, the Planning and Community Development Committee held a public hearing on WSC01-0005. CONCLUSIONS 1. The findings of fact indicate that part of the development proposal, (that portion located within the City of Auburn's PAA) if conditioned, is consistent with Comprehensive Plan Policy CE-3 and with the criteria identified in Auburn City Code Section 14.18.070. 2. No request for modification from City standards was requested by the applicant. 3. Part of fhe applicant's proposed development is outside of the PAA and granting of a sewer availability request to this area would be inconsistent with the GMA and the purpose statement of the water/sewer availability certificate code (ACC 14.18.002) and should therefore be denied. Ordinance No. 5578 August 15, 2001 Page 6 RECOMMENDED CONDITIONS Based on the testimony at the public hearing and the findings and conclusions of the staff report, the Planning and Community Development Committee recommends WSC01-0005 to the City Council subject to the following conditions: A. For that portion of the proposal within the City of Auburn's Potential Annexation Area, the development agreement shall be APPROVED which will enable the issuance of sewer availability certificate subject to the following conditions: 1. Continued revisions to development plans, as they occur, shall conform to City standards. 2. Sewer shall be installed to City standards. If Phase 1 is developed prior to the extension of services using an interim on-site septic system, provision of sewer service to the remainder of the property (Phase 2) will be made only if said interim on-site system is abandoned and the development is connected to the City of Auburn sanitary sewer. 3. Access along Lake Tapps Parkway East shall be determined in coordination with Pierce County and the City of Auburn and subject to Pierce County and City of Auburn approval. 4. Interior streets must be public streets and shall be built to City of Auburn standards; 5. Fire hydrants shall be installed to City standards. s. Park land shall be dedicated and developed according to City of Auburn Level of Service standards, or an equivalent value of investment in recreational improvements shall be provided as negotiated by the Auburn Parks and Recreation Director and approved by the Planning and Community Development Committee. 7. All other applicable city development standards shall be complied with. s. Evidence that the Conditional Use Application (CP33-94) is vested with Pierce County shall be provided to the City prior to issuance of the sewer availability certificate. B. For that portion of the development outside of the City's PAA, the request for a sewer availability certificate shall be DENIED. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5578 August 15, 2001 Page 7 Section 1. Purpose. Repealing Ordinance No. 5564 in which the City of Auburn's Hearing Notice contained a typographical error that misstated the Planning and Community Development Committee's public hearing date; and establishing Ordinance 5578 which proves a new Planning and Community Development Committee public hearing date held August 13, 2001. Section 2. The above-cited Findings of Fact, Conclusions and Conditions are herewith approved and incorporated in this Ordinance by this reference. Section 3. Constitutionalitv or Invaliditv. 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. Section 4. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City, A& L LIMITED PARTNERSHIP; ROMART INVESTMENTS, Ordinance No. 5578 August 15, 2001 Page 8 LLC; AND KEN AND DEBORAH OLSON, Owners. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 6. 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: August 20, 2001 PASSED: August 20, 2001 APPROVED: August 20, 2001 ve- CHARLES A. BOOTH MAYOR Ordinance No. 5578 August 15, 2001 Page 9 ATTEST: Danielle E. Daskam, City Clerk A pROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 5578 August 15, 2001 Page 10 ~ ~ ~~-7 Ilill I II IIII II il II II III II III II IIII 200109250555 17 q 9-25-2001 12-27 m 24.00 PIERCE COUNTY, ~ASHINGTON DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNDCATION AGREEMENT AND DECLARATION OF COVENANT) Return Address Citv of Auburn Planninq Dept. 25 West Main Street Auburn, WA 98001 WSC O 1-0005 Parcel Number(s) 052005-1004 / 052005-4006 / 052005-4007 / 052005-1034 / 052005-4046 / 052005-1033 Additional leqal on paqe 14 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and A & L limited Partnership; Romart Investments, LLC; Ken and Deborah Olson and the heirs, assigns, and/or successors in interest of cerfain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain properfy of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby aqree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: ORD 5578 WSC01-0005 08/16/01 Page 1 l.l. The OWNER is the owner of cerfain PROPERTY, which is located outside the corporate limits of the CITY. 1.2. The OWNER is seeking building permit approval from Pierce County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish sewer services 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 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 Q 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 cerfain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Wdshington 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 Pierce County Boundary Review Board, and said Board requires that such extensions be conditioned on qnnexation or efforts toward annexation. ORD 5578 WSC01-0005 08/16/01 Page 2 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 developments 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 development standards as defined by section 14.18.006(C) of the Auburn City Code. ].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 and covenants herein. 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT 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 commonly described as follows: 9m Street East and 182^d Avenue East. The PROPERTY is legally described in AHachment A, attoched hereto and represented by reference as ff set forth in full. The OWNER warrants that AHachment A is correct as fully describing subject PROPERTY. (This agreement only applies to that portion of the property legally described in Attachment A that lies within the City of Auburn Potentiol Annexation Area as of the effective date of Ordinance 5564.) ORD 5578 WSC01-0005 08/16/01 Page 3 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 apply for and 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. 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. 3.2. The OWNER agrees to execute all necessary documents such as applications, letters, notices, petitions or other instruments initiating, furfhering 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 this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to ORD 5578 WSC01-0005 08/16/01 Page 4 immediately record this document qnd specifically advise future interests in the property. 3.3. The OWNER recognizes that the laws of the Stqte 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. 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 certpin 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 sholl be qssessed 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 qnnexation of said real properfy. 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 ORD 5578 WSC01-0005 08/16/01 Page 5 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 OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL 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 annexption of the PROPERTY, does hereby agree to comply with the following: 4.1. (a). Continued revisions to development plans, as they occur, shall conform to City standards. (b). Sewer shall be instqlled to City standards. If Phase 1 is developed prior to the extension of services using an interim on-site septic system, provision of sewer service to the remainder of the property (Phase 2) will be made only if said interim on-site system is abandoned and the development is connected to the City of Auburn sanitary sewer. (c). Access along Lake Tapps Parkway East shall be determined in coordination with Pierce County and the City of Auburn and subject to Pierce County and City of Auburn approval. ORD 5578 WSC01-0005 08/16/01 Page 6 (d). Interior streets must be public streets and shall be built to City of Auburn standards; (e). Fire hydrants shall be installed to City standards. (f). Park land shall be dedicated and developed according to City of Auburn Level of Service standqrds, or an equivalent value of investment in recreational improvements shall be provided as negotiated by the Auburn Parks ancJ Recreation Director and approved by the Planning and Community Development Committee. (g). All other applicable city development standards shall be complied with. (h). Evidence that the Conditional Use Application (CP33-94) is vested with Pierce County shall be provided to the City prior to issuance of the sewer availability cerfificate 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which appty 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 the design and construction of utility facilities needed to serve OWNER'S properfy ORD 5578 WSC01-0005 08/16/01 Page 7 consistent with CITY plans and specifications, uniess 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 qgreed 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 parfy 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 Pierce County, Washington. The applicable laws, rules, and regulqtions of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the, parfies hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that 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 cerfified mail, return receipt requested, to the address of the parfies set forth below. Any notice shall be deemed to have been given on the dpte it is deposited in the U.S. Postal Service mail with postage prepaid. ORD 5578 WSC01-0005 08/16/01 Page 8 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parfies of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other porfion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other porfion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other porfion 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 Pierce 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 2158ay of August 2001 CITY OF AUBURN o.,,.L o , r CHARLES A. BOOTH MAYOR ORD 5578 WSC01-0005 08/16/01 Page 9 A EST: Danielle Daskam City Clerk P V,A TO F RM: i Michael J. Reynoids, City Attorney STATE OF WASHINGTON ) ss COUNTY OF KING ) On this o?/`S~ d a y of 2001, before me, the undersigned, a Notary Public in and for the State of Wqshington, 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 hereinabove set forfh. S t"-) ; NAME oiy~e'90 ~ V:•~ .o•. ~ti o NOTMy m : Z ~ fA . / ~~ir c~;•.: NOTARY PUBLIC in and for the State of ~ ? 9~ = Washington, residing at 1 MY COMMISSION EXPIRES: - --O ORD 5578 WSC01-0005 08/16/01 Page 10 Owner: A& L Benedict Limited Partnership BY REPRESENTATIVE: By: C C. Allen Benedict, Partner Bv+/!_~,~ Lillian M. Benedict, Partner STATE OF WASHINGTON } ) ss COUNTY OF KING ) On this ~ day of 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared C. Allen Benedict and Lillian M. Benedict the REPRESENTATIVES for A& L Benedict Limited Partnership 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) NOTARY PUBLIC in and for the State of WA, : ~ • _ % residing at P.L. ~ ~J= ; MY COMMiSSION EXPIRES: . 1 OWNER: Romart Investments, LLC BY REP E TATiVE: ( . E. Mahrt, Principai STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day of , 2001, before me, the undersigned, a Notary Pubtic in and for the State of Washington, duly commissioned and sworn, personaily appeared J!E. Mahrt the REPRESENTATIVE for Romart Investments, tLC that executed the within and foregoing instrument, and acknowiedged 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 officiat seai nn the cintP hPreincihnve tet fnrth ,,0~~\~~GlIII)1 ~.\NC'E r: J - • •c,°MM f~~O'G ,,G . ;~~OTAR y ~ . : • pU 1G . = . s ~ '~~"9j~ y 13:20. °On'WAS ORD 5578 WSC01-0Q05 08J 16/01 Page 12 ~ ~/~~V (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: OWNER: Ken and Deborah Olson (Ken ison) {.J ~.ln c~ G--~ 9 J ~ Y~-~ c~S~~N F~".o~•. ~1 (Deborah Olson) 0': 1 p I~,I • v ~ y• % , STATE OF WASHINGTON ) s'• . 5-13A • ' s ss COUNTY OF KING On this day of 2001, before me, the undersigned, a Notary Public in and for the Stote of Washington, duly commissioned and sworn, personolly appeared Ken and Deborah Olson the OWNER that executed the within and foregoing instrumenfi, and acknowledged #he 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 outhorized to execute said instrument on behaif of said OWNER. IN WITNESS WHEREOF, I have hereunfio set my hand and affixed my ofticial seal on the date hereinabove set forth. . Gt Y r 1~t L • Yn \ct vin i v\ (Prinfied Name) NOTARY PUBLIC in and for the State of Washington, residing afi S;ect ' W a., MY COMMISSION EXPIRES: 3' aDa'~;- O R D 5578 WSC01-0005 08/ 16/01 Page 13 Owner: Delbert V. and Yvonne Benedict (Delbert V. Benedict) ~ (Y Aonne Benedict) STATE OF WASHINGTON ) ss COUNTY OF KING r ~ On this day of 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Yvonne Benedict 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 she is authorized to execute said inst IN WITNESS WHERF,PSF, I it on behalf of said OWNER. e h nto set my hand and affixed my official seal on the dat (Printed Name NOTARY PUB I in and r the St te of VVA, residing at JC7 1~ MY COMMISSION E PIRES: ( ItIll Owner: Delbert V Benedict ( elbert V. Benedict) STATE OF ILLINOIS ) , )ss COUNTY OF LAKE ) On this X,"7.1L day of 2001, before me, the under- signed, a Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Delbert V. Benedict 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 he is 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. ~ ~ 2,ZI~K (Printed Name) NOTARY PUBLIC in and for the State o Illinois, Residing at MY COMMISSION EXPIRES: / L" N1LLIh101S /27/2002 ATTACHMENT A LEGAL DESCRIPTION: NORTH TAPPS COMMERCIAL COMMERCIAL USE PERMIT PARCEL NO. 0520051033 THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER O THE SOUTHEAST QUARTER; THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; AND THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER LYING WEST OF THE 300 FOOT RIGHT OF WAY GRANTED TO THE UNITED STATES OF AMERICA BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 1284616, ALL IN SECTION 5 TOWNSHIP 20 NORTH RANGE 5 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 2410280. ORD 5578 WSC01-0005 08l16/01 Page 14 ATTACHMENT A 1 LEGAL DESCRIPTION: PARCEL NOS:0520041004, 0520054006, 0520054007, 0520051034 AND 0520054046 PARCEL A: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON. EXCEPT THE NORTH 30 FEET THEREOF. PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETfE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, LYING EASTERLY OF THAT TRACT CONVEYED TO THE UNITED STATES OF AMERICA FOR BONNEVILLE POWER ADMINISTRATION POWER LINE BY DEED RECORDED UNDER RECORDING NUMBER 1284616. EXCEPT THE NORTH 30 FEET THEREOF. PARCEL C: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, LYING EASTERLY OF THAT TRACT CONVEYED TO THE UNITED STATES OF AMERICA FOR BONNEVILLE POWER ADMINISTRATION POWER LINE BY DEED RECORDED UNDER RECORDING NUMBER 1284616 EXCEPT THE SOUTH 30 FEET THEREOF. THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 5 TOWNSHIP 20 NORTH RANGE 5 EAST OF THE W.M. EXCEPT FROM THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER 182"D AVENUE EAST EXCEPT THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 2410280. ORD 5578 WSC01-0005 08/16/01 Page 15