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HomeMy WebLinkAbout5782 ORDINANCE NO. 5782 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 OF AUBURN AND CRAMER NW INC. WHEREAS, HARPEERT KANG, owner of a 9 lot single family subdivision to be developed and located at 30931 132nd Ave SE, within the City of Auburn's Potential Annexation Area; and WHEREAS, Application No. WSC03-0007 was submitted to the City of Auburn, Washington, on April 4, 2003, requesting water and sewer utility services; and WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of obtaining water and sewer utility services, a legally binding 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 Community Development Committee at a public meeting held on July 14, 2003, conducted a public hearing on application number WSC03-0007; and Ordinance No. 5782 July 16, 2003 Page 1 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, the property owner or representative of the owner of the subject property within the City of Auburn water and sewer service area understands and agrees that water utility service to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, thereafter, the Planning and Community Development Committee, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water and sewer utility services, subject to conditions as may apply, and as would be set forth in the development agreement between the parties, and WHEREAS, based on the findings and conclusions of the staff report, staff recommended that Planning and Community Development Committee should, in turn, recommend to the City Council approval of the development agreement which will enable the issuance of a water/sewer availability certificate to the applicant subject to the conditions set forth therein. NOW, THEREFORE, THE CITY COUNCIL WASHINGTON, DO ORDAIN AS FOLLOWS: OF THE CITY OF AUBURN, Section 1. Approval of Development Agreement. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City of Auburn and Harpeert Kang, a copy of which Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Ordinance No. 5782 July 17, 2003 Page 2 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 or 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 any one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. 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. JUL 2 1 2OO3 INTRODUCED: JUL ~ 1 20u:~ PASSED: JUL 2 1 2003 APPI~~ ~ PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 5782 July 17, 2003 Page 3 APPROVED_ AS TO FORM: Da¥~I-B. Heid, . City Attorney Published: Ordinance No. 5782 July 17, 2003 Page 4 20030730002790 KANG AG 3e.ee PRGE 0~1 OF et2 07/3e/2ee3 13:16 KING COUNT~, UR DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) Return Address City of Auburn Planninq Dept. 25 West Main Street Auburn, WA 98001 WSC03-0007 Parcel Number(s) 092105-9154 Additional leqal on pa.qe 12 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Harpeert Kang 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 and agree to annexation of the PROPERTY to the CITY, and does hereby agree 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: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. WSC03-0007 07/15~03 Page 1 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, 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 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 WSC03-0007 07/15/03 Page 2 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. 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 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 described as follows: commonly known as 30931 132nd Avenue SE, Auburn, WA The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as if set forlh in full. The OWNER warrants thai Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION WSC03-0007 07/15~03 Page 3 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, 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 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 immediately record this document and specifically advise future interests in the property. WSC03-0007 07/15~03 Page 4 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. 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 WSC03-0007 07/15/03 Page 5 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 water and sewer utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the following: 4.1. Water and sewer service can be made available to the property. Water service will require construction of an eight-inch (8") minimum water line to serve all lots and to provide adequate fire protection. The waterline shall loop from 130th Ave SE to 132nd Ave SE. 4.2 Installation of sewer will require construction of an eight-inch (8') gravity sewer main to serve all lots. The sewer main shall extend to and through the property; the ideal location would be along the west and southern property lines to 132nd Ave SE. 4.3 The internal road must be completed at a minimum as a half street per Auburn City Standards. 4.4 Tract A must be dedicated as a public right of way, constructed to city standards for a local residential road - at least 24 feet of pavement (or adequate pavement width to satisfy the City Engineer), a 5-foot WSC03-0007 07/15/03 Page 6 landscape strip and a 5-foot concrete sidewalk, vertical curb, gutter, drainage, and street lighting are also required. 4.5 The 30-foot dedication fronting 130th Ave SE must be dedicated as public right of way (ROW). The road design of 13Dth Ave SE should be coordinated with King County to ensure the roadway meets their standards. City standards for the half-street improvements on the section of road fronting 130th Ave SE require a total of at least 24 feet of pavement, a 5-foot landscape strip and a 5-foot concrete sidewalk, vertical curb, gutter, drainage, and street lighting. 4.6 The cul-de-sac at the end of Tract A must meet City standards for emergency access of at least 65 feet of paved surface on public right of way to permit adequate turnaround. 4.7 Fire hydrants shall be installed per Auburn City Standards at (ACC13.16.060). 4.8 Any impact fees calculated and paid to King County for either transportation or park impacts shall be reported to the City of Auburn. 4.9 All other applicable City development standards shall be complied with. 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 WSC03-0007 07/15/03 Page 7 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 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 DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties 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 certified WSC03-0007 07/15/03 Page 8 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, th.e OWNER and the CITY Agreement as of this ~,,~ay of ~,~ , 2003. hereto have executed this PETER B. LEWIS MAYOR WSC03-0007 07/15~03 Page 9 ATTEST: Danielle Daskam City Clerk APP ' A R : , City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ZZ,---'~-c,'~ day of ..... ';~ ~(~ ,2003, before me, the undersigned, a Nota~ Public in and for the StYe of Washington, duly commissioned and sworn, personally appeared ~E[~ B. L~I~ an~ DA~IELLE DASKA~, 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 volunta~ act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. NOTARY PUBLIC in and forzt~, e ~ate of Washington, residing at WSC03-0007 07/15/03 Page 10 OWNER: Harpeert Kang Harpeert Kang STATE OF WASHINGTON ) ) ss COUNTY OF KING On this _~ ,2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Harpeerl Kang, 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 her~LBabe.~ set forth. ('-"~.j // _. L ~,b' ..'~o~ '-,V,~'... '~ ' -, I, ' ~r~.."~,,~O'~' 'G': ~ (Printed Name) ~ ". c~Co..'~''.NOTARY PUBLIC in and for the State of Washington, ~. ~:....!-?...~x~residing at ~ ~%-t~ ~/~'OF~1~-~ MY COMMISSION EXPIRES: ~ ~ 'Z~ ~ WSC03-0007 07/15/03 Page 11 ATTACHMENT A LEGAL DESCRIPTION: NORTHEAST ~ OF THE SOUTHWEST lZ OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. KING COUNTY, WASHINGTON WSC03-0007 07/15/03 Page 12