HomeMy WebLinkAbout2114
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RESOLUTION NO. 2 1 1 4
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN ,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
SATELLITE WATER SYSTEM SERVICE CONTRACT FOR BRAUNWOOD ESTATES
(PREVIOUSLY SALTMARK ESTATES)
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
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section 1. AUTHORIZATION. The Mayor and City Clerk of
the City of Auburn are herewith authorized to execute a
Satellite Water System Service Contract for Braunwood Estates
(previously Saltmark Estates). A copy of said Contract is
attached hereto and denominated Exhibit "A".
section 2. AUTHORITY.
The Mayor is hereby authorized
to implement such administrative procedures as may be
necessary to carry out the directives of this legislation.
DATED and SIGNED this 6th day of August, 1990.
CITY OF AUBURN
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MAYOR
Resolution No. 2114
July 31,1990
Page 1
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ATTEST:
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J2u~ jLJ~jJk,
Robin Wohlhueter, City Clerk
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APPROVED AS TO FORM:
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1: ~Q~
Michael J. Reynolds,
11 Acting City Attorney
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Resolution No. 2114
July31,1990
Page 2
CITY OF AUBURN
WATER DEPARTMENT
SATELLITE WATER SYSTEM SERVICE CONTRACT
FOR BRAUNWOOD ESTATES (PREVIOUSLY SALTMARK ESTATES)
IT IS AGREED by and between the CITY OF AUBURN ("the City") and
the undersigned ("the Owners") as follows:
1. Parties. The City is a municipal corporation organized
under and existing by virtue of Chapter 57 of the Revised
Code of Washington. The Owners are, collectively, the
owners of property provided water service by a water source
and distribution system which is independent of and
unconnected to another public or private water system (the
"satellite system").
2. Legal Description. The property presently served, and to be
served in the future, by the satellite system is located in
King County, Washington and is legally described as follows:
THE SW 1/4 OF THE NE 1/4 OF SECTION 33, TWP
21 N., R. 5 E., W.M. AND THE W 1/2 OF THE SE
1/4 OF THE NE 1/4 OF SECTION 33, TWP 21 N.,
R. 5 E., W.M.
The above property is inside the City's service area under
the South King County Coordinated Water Supply Plan.
3. city Services. The City will provide services to the
satellite system, as identified below:
* Operation and management of the satellite system from
the tail piece on the house side of the meters to the
well source.
* Routine inspection, maintenance and repair of the
satellite system in accordance with reasonable and
accepted standards and practices for public water
systems.
* Emergency repairs, within a reasonable time after the
owners have notified the City.
*
Preparation and filing of reports and other data
(including water sample testing) as required.
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4. City Charges. The property owners within the plat of
Braunwood Estates agree to pay the following to the City:
A. Services charges. The City will charge for the above-
identified services at a rate equivalent to that
-------------------------~--------
Exhibit "A" - Resolution No. 2114
Page One
SATELLITE WATER SYSTEM SERVICE CONTRACT
Page 2
applied in the Auburn City Code, Title 13, Chapter
13.04.
B. Connection Charge. All persons connecting to the
City's water system are obliged to pay a standard
service installation charge as identified in the Auburn
City Code, Title 13, Chapter 13.04.
C.
Reserve Account.
connection to the
City one thousand
reserve account.
All parcels within said plat, upon
City'S water system, shall pay to the
dollars ($1,000) per parcel as a
The reserve account can be utilized for water system
repair, replacement or maintenance at the city's
discretion, upon completion of the one (1) year
maintenance period, as set out in the Developers
Extension Agreement.
The property owners are not entitled to return of the
reserve account money or interest on the reserve
account, and the money in the account may be co-mingled
with other Water Department funds.
5. Terms and conditions. This Agreement includes all of the
terms and conditions in the Auburn City Code as applicable
and as amended in the future.
without limiting the foregoing, it is agreed as follows:
A. The City owns the satellite water system and will
provide service as set forth above, performed in
accordance with accepted public utility practices.
B. The property owners hereby agree to limit the
total number of connections irrigating their
property at anyone time to seven (7). The
restrictive irrigation requirements shall be
conducted by address on an odd and even number
basis. The even numbered addresses shall be
permitted to irrigate on even numbered calendar
days, while the odd numbered addresses shall be
permitted to irrigate on the odd numbered calendar
days. The design of private irrigation systems
shall be limited to a maximum of ten (10) gallons
per minute total consumption for each lot.
C. The property owners hereby agree in the event th~
the satellite system water source is interrupted,
due to unpredictable conditions, such as severe
volume reductions, contaminated water or any other
unforeseen condition, the City at its discretion
may utilize the alternate well site as described
on the development plan or any other reasonable
measure to ensure a source of water.
SATELLITE WATER SYSTEM SERVICE CONTRACT •
Page 3
D. The property owners will not be assessed a System
Development Charge (SDC) as allowed for in the
Auburn City Code, unless there is a failure of the
existing system as described in paragraph 5. C.
above and it is deemed necessary by the City in
the event a suitable and reliable source of water
cannot be developed and the City must utilize
Water Department funds beyond the reserve account
to provide an alternate water source.
E. The designed, approved and constructed satellite
water system shall be limited to a maximum of
thirteen (13) total single-family residential
connections.
F. All customers must be connected to the satellite
system via a meter supplied by the City, after
property owner application. The service must be
in accordance with the City of Auburn standards
and the City's standard meter charge must be paid
in advance of the City providing service.
6. Source Interruption Responsibility. Because a satellite
system will receive water from a single well or aquifer and
may be so located that no emergency water service is
reasonably available, the City will not, under any
circumstances, undertake liability for emergency or
supplemental supply in the event of diminution in, loss of,
or contamination of the satellite system's water supply.
7 . Waiver of Right to Protest Formation of a U.L.I.D. The
property owners waive any and all rights granted by statute
or otherwise, to object to or protest against formation by
the City of a Utility Local Improvement District for the
purpose of constructing water improvements extending the
City's system to provide City water to the properties. The
foregoing does not waive the property owners' right to
object to the amount of the property owners' assessment, in
the manner provided by statute.
8 . Future Connection to City System. If the City's water
system were extended to provide City water in lieu of the
present satellite system source, the present and future
owners of the property agree to connect to the City's
system, at their expense, in accordance with the terms and
conditions of the Auburn City Code valid at the time of
connection.
9. Duration. This Agreement shall remain in full force and
effect until the City's basic system is extended to serve
the satellite system area. Neither party may terminate this
Agreement until that time.
SATELLITE WATER SYSTEM SERVICE CONTRACT
Page 4
10. Integration. This Agreement constitutes the entire
agreement between the parties. There are no other verbal or
written agreements or representations which modify or affect
this Agreement.
11. Covenant Running with the Property. It is agreed that this
Contract is a covenant running with the property described
in Paragraph 2 above and any other properties receiving
water in the future from the satellite system, and shall be
binding on the owners of all such property, their heirs and
successors and it shall be recorded as an encumbrance
against each of the thirteen (13) land parcels.
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MAYOR
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ATTEST:
&;V!))~
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
)Uu~~
City Attorney
te<JA.Q J J '-i
SATELbITE WATER SYSTEM SERVICE CONTRACT
Page 5
STATE OF WASHINGTON)
) SSe
COUNTY OF KING )
On this ,Jet}) day of \, 'lLI ( Ch ,
me, the undersigned, a Notary/Pub12ic' in and for the
Wa_~,hinJ~on, /~)dlJ.:-y_(,commissioned an.c: ,_sw_()r~, ]}~r./~..?rallY
/J l ( \i k Ll, I}: ..' . and .t/( \ .jJl1x, :L L
to be the'__--- President and --------
Se~~tary, re,pecti vely, of
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corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for th~ uses ang purposes therein
mentioned, and on oath stated that -fru, l~ n .'\...".. authorized to
execute the said instrument and that th seal affixed in the
corporate seal of said corporation.
1~ I r, before
State of
appeared
to me known
witness my hand and official seal hereto affixed the day and
year first above written.
//__0
-:> I / i .
._~~~ 2~~i~\-i~ i!NDiF~Rl THE STkTE OF
WASHINGTON, RESIDING AT '-k'(/~p---
STATE OF WASHINGTON)
) SSe
COUNTY OF KING )
, 19 , before me
the State of Washington,
appeared
, to me known to be the
Mayor and City Clerk, respectively, of the City of Auburn, a
municipal corporation, and the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they
are authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
On this day of
undersigned, a Notary Public in and for
duly commissioned and sworn, personally
WITNESS my hand and official seal hereto affixed the day and
year first above written.
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT
REF. FAC0694/E90-669