HomeMy WebLinkAbout3024 1 RESOLUTION NO. 3 0 2 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY AND
4 PK PARTNERSHIP.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
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Section 1. The Mayor and City Clerk of the City of
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9 Auburn are herewith authorized to execute a Payback Agreement
10 Developer's Extension between the City and PK PARTNERSHIP. A
11 copy of said Agreement is attached hereto and denominated as
12 Exhibit "1" and incorporated by reference in this Resolution.
13 Section 2. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation.
DATED and SIGNED this 19=h day of January, 1999.
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CITY OF AUBURN
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CHARLES A. BOCTH
22 MAYOR
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Resolmion No. 3024
December 8, ]998
P~e 1
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ATTEST:
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6 City Clerk
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APPROVED AS TO FORM:
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10 Michae~o
ll
lds,
12 City Attorney
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Resolu~ionNo. 3024
December 8, |998
Page 2
Retum Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
Reference # (if applicable): Additional on page:
Grantor/Borrower: 1 ) PK Partnership 2
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: (NW 13-21-04) Additional on.l~age:
Assessor's Tax Parcel ID#: (446340-0325)
19f_~_, by and between the City of Auburn, a municipal or
Washington, herea~er called the CITY and PK Partnership, whose address is 901 West
Main Street #A, Aubm'n, Washington 98001-4998, hereafter referred to as
DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW ct seq., the CITY has by Resolution
DEVELOPER'S EXTENSION
PAGE 1 OF 11
-,-,-~-h~ ,19f__/~., approved the execution of this Payback Agreement with the
~E~ELOPER above and referring to facilities described herein; and
WHEREAS, the above-described DEVELOPER has offered and the CITY has
agreed to accept one bill of sale found as Exhibit A, water facilities, attached hereto, as
part of the utility system of the CITY;
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. DEVEI ,OPER '
The above-described DEVELOPER is the record OWNER of real property
legally described as shown on Exhibit B submitted by the DEVELOPER
and attached hereto. The real property described is also known as the PK
Partnership, King County, Washington.
Map showing said property is attached hereto as Exhibit' C.
II. FACII ,LTIES
The facilities which have been constructed by the DEVELOPER herein
are as shown in the attached Exhibit A, incorporated herein by this
references, and processed as Developer Public Facility Extension,
Extension herein referenced as FAC0033-91, originals on file at the office
of the City Engineer. The facilities have been constructed in accordance
with the ordinances and requirements of the CITY governing the
construction specifications for facilities of such type, and have been ..
approved by the City Engineer. "
III. ARF. A OF FACII ,ITY SERVICE FIF. NEFIT
The properties benefited by the facilities constructed by the DEVELOPER
are shown on Exhibits C and D, which are by this reference incorporated
herein as if fully set forth herein. Any owner of real estate legally
described within the benefit boundary as shown on the attached Exhibits C
and D, shall pay as a condition for connecting to the facilities, an mount
as identified in Section V. All property within the benefit boundary shall
be subject to the connection fee as provided in this agreement as a
condition of issuance of the connection permit by the CITY.
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 2 OF 11
For a period of 15 years from date of recording of this Agreement in the
office of the County Auditor of the County in which the real estate is
located, any owner (latecomer) of real estate legally described in Section
III, and which owner has not fully contributed their pro rata share to the
original cost of the above-described facility, shall pay to the CITY the
anmunts shown in Exhibit D attached hereto. The charge herein represents
the fair pro rata share of the cost of construction of said facilities payable
by properties owned by latecomer parcels shown in Exhibits C and D.
Payment of the latecomers pro rata share is a condition of issuance of the
connection permit by the CITY.
The CITY shall reimburse the DEVELOPER at six (6) month intervals
any such amounts collected.
Upon the expiration of the 15-year term of this Agreement, any moneys
collected by the CITY will not be reimbursed to the DEVELOPER, and
further credits against system development charges shall not be granted.
V. AMOUNT OF REIMBURSEMENT
Water facilities: The DEVELOPER, his successors, heirs and assigns,
agrees that the amounts which the DEVELOPER is reimbursed from the
property owners as specified in Section III of this Agreement, represents a
fair pro rata share reimbursement for the DEVELOPER'S construction of
the facilities described in Section II of this Agreement. The amounts per
parcel are separately itemized as shown in Exhibit D attached hereto, and
totaling to not more than $9,172.80 in full amount.
Prior to recordation by the DEVELOPER as described in Section X, the
CITY, at the written request of the DEVELOPER, shall mail to the
property owners, as reflected in the records of the King County Assessors
Office, as specified in Section III, notification of the allocation of costs to
be levied against the properties which are payable prior to connection to
the systems. The property owner shall have the right to a review of the
costs with the City Engineer within 21 days from the date of said notice
for the purpose of requesting an adjustment in the allocation of the charge
to the property.
If the City Engineer, upon requested review by a notified property
owner(s), does find cause for adjustment in the allocation of the charge to
the benefited property(s), such adjustment will be made and the
DEVELOPER will be notified of the adjusted amount(s) prior to
recordation. The resulting adjusted Exhibits C and D shall govern
reimbursement amounts to be received by the DEVELOPER.
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 3 OF 11
VI. EFFECT OF AGREEMENT
The provisions of this Agreement shall not be effective as to any owner of
real estate not a party hereto unless this Agreement has been recorded in
the office of the County Auditor of the County in which the real estate is
located prior to the time such owner receives a permit to tap into or
connect to said facilities.
If for any reason, the CITY fails to secure a latecomer payment for
Owner's fair pro rata share of the cost of the facilities, before connection to
the extension, the CITY is not liable for payment to the DEVELOPER.
The entire responsibility for notices, recordation and completion of this
Agreement is upon the DEVELOPER, who agrees to do all and to hold the
CITY harmless.
VII. OWNERSHIP OF FACILITY
The DEVELOPER has constructed the facilities described in Section II of
this Agreement, which facilities have been accepted by the CITY as
satisfactory.
The facilities have become a part of the municipal system of the CITY.
All maintenance and operation costs of said facility shall be bome by the
CITY, except as noted otherwise in FAC0033-91.
VIII. UNAUTHORIZED CONNECTION
Whenever any connection is made into the facilities described in Exhibit A
under this Agreement which is not authorized by the CITY, the CITY shall
have the absolute authority to remove or cause to be removed such
unauthorized connections and all connecting lines or pipes located in the
facility's right-of-way. The CITY shall incur no .liability for any damage
to any person or property resulting from removal of the unauthorized
connection.
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 4 OF 11
XI. CONSTITUTIONAI,ITY OR INVAI.IDITY
If any section, subsection, clause or phrase of this Agreement is for any
reason held to be invalid or unconstitutional, such invalidity or
unconstimtionality shall not affect the validity or constitutionality of the
remaining portions of this Agreement, as it being hereby expressly
declared that this Agreement 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 phrase be declared invalid or
unconstitutional.
ATTEST: '
City Clerk
FORM:
1 A
C'ty ttomey
DEVELOPER:
BY:
TITLE:
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 6 OF 11
XI. CONSTITUTIONAl olTY OR INVAI ,IDITY
If any section, subsection, clause or phrase of this Agreement 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 Agreement, as it being hereby expressly
declared that this Agreement 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 phrase be declared invalid or
unconstitutional.
ATTEST:
City Clerk
FORM:
City Attorney
DEVELOPER:
TITLE: . TI
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 6 OF 11
STATE OF WASHINGTON )
County of King )
I certify that I know or have satisfactory evidence that Charles A. Booth and Danidle E.
Daskam were the persons who appeared before me, and said persons acknowledged that
they signed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
,-' /oo sovA~v
" :' '*-- -' Notary Public in and for the State ofW hington
, · ~o WAS os'~.,~ My appointment expires/~_ c}_ ~
~-,:~".~..°~,C:..'~ ,-
· ,,o~ .......~x~ ,,-'
STATE OF WASH~GTON)
)ss.
Cou~t~ of~ng
acknowledged it to be his/her/their flee and voluntary act for the uses and purposes
mentioned in this instrument.
Dated /~ '7"q ~
',,. ;,~,,f,"~,;,~./,ot~ ~..~,~ in ~ ~o~ m~ S~ o~
residing at ,55 '+5:b ,-2(--,
~,,~v,.,." My appointment expires fi~'/;~-~) 7
DH/bd
REF. H:XFACXFAC3311XE98-554
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 7 OF 11
EXHIBIT "A"
· ~. Main PARTNERSHIP
F~OW XL~8~ BY THESE PRESENTS that for and in consideration ot the
sum o~ OHE DOLLA~ ($1.00) and other good and suf~icient consideration,
receipt whereof is hereby acknowledged, the undersigned Grantor(s)
Phvllfs HeoDens~a~l and KrisCy E'. Butt
do by these presents hereby convey, setover, assign, transfer an~ ~a:ran~
to the City of Auburn, King County, Washington, a/~jNICZPAL CORPOP~T~ON,
~he ~ollowing public improvements C~v S~cee~ ~m~covemen~s
Situated wi~hi 'the following described real property:
r
LOTS 7 and 8, ELOCK "D" LUNN'S GARDEN TRACTS TO AUBURN,
ACCORDXNG TO TH~ PLAT THEREOF RECORDED IN
PLATS, PAGE 33, XN KING COUNTY, WASHZNGTON: EXCEPT THE
EAST 10 FEET THEREOF FOR STREET
and the said Grantor(s) here~y ~a~ant that ..?hey~ the sole o~ners
all the property above conveyed: that they have full po~er to convey the
same and that they ~ill defend the title of ~e said Grantee against any
and a11 persons lawfully making claim theceto.
ZN WITNESS ~E~or the Grantor(s) have executed these presents thfs
Ffrst day of October , ~ 9~.
/nr '~ '
STA~E Or WASHINGTON)
)
COUNTY OF KZ~G )
On ~h~s ~ day o~ ~nb~c
undersigned, a Ho~a~ ~b~c in and Eo: ~he S~a~e o~ Washington, 'du~y
co~issioned and s~orn, personally appeared
and ~y ~. ~ ~ ~o m~ ~o~n
respectively, of pK P~r~n~r~hip
the co~oration that executed the ~ore~oin~ ins~ment, and acknowledged
the sa~d i~st~ment to be the tree and ~lunta~ act and deed or said
corporation, rot the uses and purpos~~ mentioned, and on oath
tns~men~ and that the seal a~1
. ~ : ~.~
~ir,t above w=itt,,. '~i ) ~' ~ % / '
~r. rE072
~ ~ ........... ~L-~otary Public
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 8 OF 11
EXHIBIT "B"
LOTS 7 AND 8, BLOCK "D" LUNN'S GARDEN TRACTS TO AUBURN,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF
PLATS, PAGE 33, IN KING COUNTY, WASHINGTON; EXCEPT THE
EAST 10 FEET THEREOF FOR STREET PURPOSES.
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 9 OF 11
EXHIBIT "C"
SEE ATTACHED EXHIBIT C-1
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 10 OF i !
EXHIBIT "D"
PK:Partnership:=~
FAC0033,91 ::
Payback Agreement
Parcel Front Cost per Total
Number Footage FF Due
446340-0205 150 FF $ 23.52 $ 3,528.00
446340-0230 240 FF $ 23.52 $ 5,644.80
Total $ 9,172.80
REF. H:XFACXFAC3311XE98-554
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE l I OF l I