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HomeMy WebLinkAbout3066 I RESOLUTION NO. 3 0 6 6 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY OF 5 AUBURN AND RANDY GOODWIN. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 9 Section 1. The Mayor and City Clerk of the City of 10 Auburn are herewith authorized to execute a Payback Agreement ]1 Developer's Extension between the City and Randy Goodwin. A 12 copy of said Agreement is attached hereto and denominated as 13 14 Exhibit ~1" and incorporated by reference in this Resolution. 15 Section 2. The Mayor is hereby authorized to implement 16 such administrative procedures as may be necessary to carry 17 out the directions of this legislation. 18 ]9 20 21 22 23 24 25 Reso~0n No. 3066 Fcbma~ 24, ]999 Page 1 1 DATED and SIGNED this 15th day of March, 1999. 2 5 CHARLES A. BOOTH 6 MAYOR 7 ~TTEST: 8 1~ Da~n~'elle E. Daskam, l 1 City Clerk 12 ]3 14 APPROVED AS TO FORM: ]5 Michael J. Reynolds, 18 City Attorney 19 20 21 22 24 25 26 R~so]u~ion No. 3066 Fobma~ 24, 1999 Pag~ 2 Once Recorded Please Return to: City of Auburn City Clerk 25 West Main ,Auburn, WA 98001 Above this line reserved for recording information. SANITARY SEWER PAYBACK AGREEMENT DEVELOPER'S FACILITY EXTENSION # 0007-95 Reference # (if applicable): Additional on page: Grantor/Borrower: 1) Randy Goodwin (Pacific Ridge) Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE¼ Sect08-T21N-R05E Md.qtn. I t~ i~J~, : I I Assessor's Tax Parcel ID#s: 333940- 0245, 0240, 0235, 0236, As Noted On: Exhibit "C" 0230, 0225, 0185, 0190, and 0195 This Agreement made and entered into this//~ ~'~ day of/6'Z~ r'~ , as~i' ' , ' ' ' ' County, 294'h, Auburn, WA 98092, hereafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No~- J~tg{, 6 adopted by the .City Council of the CITY on the/,,'5'~:~ day of /4tf;;~ ,1999, approved the' execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and WHEREAS, the DEVELOPER has offered and the CITY has agreed to accept a Bill of Sale for the sanitary sewer facilities, Exhibit A attached hereto; EXHIB]ZT "1". Resolu~ztort No. 3066 Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 1 of 8 CITY O~ ~ I1G 2e.ee NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVEI ,OPER The above-described DEVELOPER has developed the real property legally described as shown on Exhibit B attached hereto. The real property described is also known as the Plat of Pacific Ridge, King County, Washington, located along SE 306th Place at the intersection with 112th Ave SE. Map showing said property is attached hereto as Exhibit C. II. FACII ,ITIVS The sanitary sewer facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibit C, and processed-as a Developer's Public Facility Extension, hereinafter referenced as FAC 0007-95, incorporated herein by this reference, 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. HI. ARF. A OF FACII,ITY SERVICE FIF, NE. FIT The properties that may potentially benefit by the facilities constructed by the DEVELOPER are shown on Exhibit C and Exhibit D, which are by this reference incorporated, as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibit C or as noted on Exhibit D, shall pay as a condition for connecting to the facilities constructed by the developer, an amount as identified in Section V. The amount shall be noted as the pay back amount for benefits received. All property within the benefit boundary shall be subject to the pay back fee, as provided in this agreement. For a period of fifteen (15) years from date of recordin~ 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 facility as noted in Exhibit C, shall pay to the CITY the corresponding amounts shown in Exhibit D for their property. 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 Exhibit C and Exhibit D. Payment of the latecomers pro rata share is a condition of issuance of the connection permit by the CITY. Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 2 of 8 1 ' ~' 19990712000639 , PAGE ee2 01r m ·: ~m' e?/12/1999 le: 14 KING COUNTY, CITY OF AUBURN AG 2e. ee The CITY shall reimburse the DEVELOPER at six (6) month intervals for any such amounts collected. Upon the expiration of the fifteen (15) year term of this Agreement, any moneys collected by the CITY will not be reimbursed to the DEVELOPER. V. AMOUNT OF REIMRURSEMF. NT Sanitary Sewer Facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Exhibit D of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the sanitary sewer 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 eighty-one thousand, five hundred eighty-five dollars and twenty-nine cents ($81,585.29) in full amount. The CITY shall establish the ownership of the assessed properties from the office of the County Auditor of the County in which the real estate is located. The CITY shall mail to the assessed property owners, a notification of the allocated costs to be levied against their property. The property owner shall have twenty-one (21) days from the mailing of said notice, to review the costs with the City Engineer. The property owner may dispute the costs and request an adjustment to the charge. The City Engineer shall evaluate the concerns of the property owners and make a final decision on the allocated costs prior to approval by the CITY Council. If the City Engineer, upon requested review by a property owner, 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. VI. EFFECT OF AGi~ F. EMI~.NT 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 owners receive a. permit to connect to said facilities. If for any reason, 'the CITY fails to secure a latecomer payment for a property 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. Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 3 of 8 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 FACII ,ITY The DEVELOPER has constructed the facilities described in Section II of this Agreement, said facilities have been accepted by the CITY. as satisfactory. The DEVELOPER has completed FAC 0007-95. A Bill of Sale has been granted to the CITY for the sanitary sewer facility. The facilities have become a part of the municipal system of the CITY. All maintenance and operation costs of said facility shall be borne by the CITY, except as noted otherwise in FAC 0007-95. | VIII. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities as shown on Exhibit C 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 fi'om removal of the unauthorized connection. IX. CURRENT ADDRESS & TEI,EPHONE NUMBER The DEVELOPER shall keep a cun'ent record of his/her address and telephone number on file with the City Engineer of the CITY, and shall within 30 days of any change of said address and/or telephone number, notify Aubum's City Engineer in writing. If the DEVELOPER fails to do so, the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the non-collection and/or non- reimbursement of charges to the DEVELOPER under this Agreement. X. COVENANT RUNNING WITH THE l .AND This Agreement shall be binding on the DEVELOPER, its successors, heirs and assigns and shall so be binding on the legal owners of all properties described within the benefit boundary of the area as shown in the attached Exhibit C and Exhibit D, their successors, heirs and assigns. The DEVELOPER shall make the actual recording and provide the CITY Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 4 of 8 :'' lW : 1999071a800639 ~" 87/12/1999 KIH~ CITY OF AUBURN AG with confirmation thereof, but such recordation shall only be made after expiration of review period specified in Section. V. XI. HOI,D HARMI ,ESS The DEVELOPER will indemnify and save-the CITY and the CITY'S officials and agents harmless from all claims and costs of defense, arising out of this agreement, as a result of DEVELOPER actions, misconduct or breach of contract, including but not limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. XI. CONSTITUTIONAl ,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 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. Charles A. Booth, Mayor Date ATTEST: Danielle E. Daskam, City Clerk Michael J. Reynolds, City Attomey Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 5 of 8 . ..- ~ P p 1999o71aooo639 m 07/12/1999 le: 14 ~ ' KING C0ONTY, .a CITY OF AU)URN AG 20.00 DEVELOPER: Pacific Ridge Signature '~ Date Pnnt Name Randy Goodwin Title Signature Dat~ Print Name Title STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Public in and for the State of Washin~on, duly co~issioned and sworn, personally appeared Charles A. Booth and DanieHe E. Daskam, to me ~o~ to be the Mayor and Ci~ Clerk of the Ci~ of Aubn, a m~icipal coloration, and the coloration ~at executed the foregoing ins~ment, and ac~owledged the said ms~ment m ~ the ~ee ~d vol~mW act and deed of said coloration, for the 'uses and p~oses therein mentioned, ~d on oath stated that he is authohzed to execute the said ins~ment and that ~e seal affixed is the co~orate seal of said ' ' co~o~tion. WI~SS my hand and official seal hereto affixed the ~y ~d ye~ first above ~nen. S =~ ~ i~ ~ NOTIY P~LIC ~ ~ FOR ~E STA~ OF ~ ~ o ~BU~ /~ ~ WASH~GTON, ~S~G AT ~ e~ Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 6 of 8 I /l'n 19990712000639 ; PRGE ee6 or 013 07/12/1999 10:14 : ' Klhl~ ~OLIITY, WA CITY OF AUDURN RG 2e.ee STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this 22 day of February , 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared RBnclal 1 Scott Goc~w4n and to me known to be the owner and , respectively, of the Pacific Ridge Development that executed the foregoing instrument, and on oath stated that he/she/they is/are authorized to execute the said instrument and acknowledged it as the free and voluntary .act and deed of said party es and purposes th ein mentioned. O," ',~ -,,,,,,,~ li;ii~A. x2~o~,,~MY COMMISSION EXPIRES, )ct~e_ STATE OF WASHINGTON ) )ss. County of King ) I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said partner(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voltrotary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 7 of 8 ~N I I 19998712000659 PAGE e87 OF 613 07/12/1999 10:14 KING COUNTY~ I. IA CITY OF AU)URN AG 28.08 STATE OF WASHINGTON) )SSo County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of , a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires STATE OF ) )SSo COUNTY OF ) I certify I have know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instnn'nent on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the of the , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires REF: H:DARCIEXPAYBACKXPACIFICRIDGE.DOC Sanitary Sewer Payback Agreement February 16, 1999 Randy Goodwin - Pacific Ridge FAC 0007-95 Page 8 of 8 ' '. "" 19990712060639 P~IG[ eee OF 813 "" ' m ' 07/12/1999 10:14 KING COUNTY, 14R CITY OF flUBURN I~IG 26.86 EXHIBIT A Page 1 of 2 SANITARY SEWER PAYBACK AGREEMENT DEVELOPERS FACILITY EXTENSION- FAC # 0007-95 B~LL OF SALE (INDIVIDUAL) ~OW ALL MEN BY T~SE PRESENTS tha~ for and in considera~ion of the sum of ONE DOL~ ($1.O0) and other good and suff~c~en~ consideration, · do by these presents hereby convey, setover, assign, transfer and warrant and ~he~d Gran~ hereb~~ warran~ that ~ the sole o~ers all the properUy abo~onveyed; =hat they have f~wer same and that ~hey will defend the title of ~he said Grantee against any and all persons lawfully making claim thereto, and indemnify the Auburn for any costs, including Attorney fees in defending title. ~N WITNESS ~EREOF the Grantor(s) have executed these presents this .-' -_ STATE OF WASHINGTON) ) ss. CO~TY OF KING ) I, the undersigned, a ~otary Public in and for =he S~a~e of , ~o ~e ~ee a~d voZun~a~y ac~ and ~'eed ~e uses a~d ~u~poses the~e~n ~ GZ~ D~ae~ ly a~d a~a sea~ th~s i ' /W h" ' ~ P~G~ ~ 87/12/X999 C:ZWV or ~U~U~n ~U ae.ee KInG C~NTy, EXHIBIT A Page 2 of 2 SANITARY SEWER PAYBACK AGREEMENT DEVELOPER8 FACILITY EXTENSION FAC # 0007-95 ATTACHMENT 'A' SEWER AND APPURTENANCES 8" PVC 1700 LF 6' PVC 440 LF MANHOLES 7 EA WATER AND APPURTENANCES' 8" D.I. 503 LF FIRE HYDRANTS 1 EA SERVICE LINES 13 .EA ~N 1~1~ 19990712000639 Pl~lGr axe or ex3 67/12/1999 lo: 14 KING C~TY, ~ CITY or AU}URN AG 2e. 88 EXHIBIT B SANITARY SEWER PAYBACK AGREEMENT DEVELOPERS FACILITY EXTENSION, FAC # 0007-95 Randy Goodwin - Pacific Ridge Legal Description Prior to Plat: LOT 14, BLOCK 2 C.D. HILLMAN'S AUBURNDALE DIVISION NO. 1 ACCORDING TO PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON. Legal Description after Plat: PLAT OF PACIFIC RIDGE AS RECORDED IN VOLUME 177 OF PLATS, PAGES 29-30, IN KING COUNTY, WASHINGTON !~1~ PRGE 011 OF 813 67/12/1.999 re: 14 KING COUNTY, CITY OF AUBURN AG EXHIBIT D SANITARY SEWER PAYBACK AGREEMENT DEVELOPERS FACILITY EXTENSION FAC # 0007-95 Randy Goodwin - Pacific Ridge Sanitary sewer Assessment Distribution Front Pro Rata Latecomer Tax Lot Footage (LF) Share ($) Fee ($) 333940-0245 280.0 11,376.43 11,376.43 333940-0240 280.0 11,376.43 11,376.43 333940-0235 245.0 9,954.38 9,954.38 333940-0236 35.0 1,422.05 1,422.05 333940-0230 280.0 11,376.43 11,376.43 333940-0225 48.0 1,950.25 1,950.25 Pacific Ridge 280.0 11,376.43 * 333940-0185 280.0 11,376.43 11,376.43 333940-0190 280.0 11,376.43 11,376.43 333940-0195** 280.0 11,376.43 11,376.43 Total 2,288.0 92,961.72 ~ 81,585.29 Total Project Costs = 92,961.72 Cost per LF = 40.63 · Developer is not required to pay his own latecomer fee. · * Property plated (Cedar Hollow) into the following lots: 144611-0010 144611-0060 144611-0110 144611-0160 144611-0020 144611-0070 144611-0120 144611-0030 144611~0080 144611-0130 144611-0040 144611-0090 144611-0140 144611-0050 144611-0100 144611-0150 The Developer extending the sewer main shall reimburse Randy Goodwin for the existing facility. Sanitary Sewer Cost Breakdown Bonding Fees 500.00 Sewer Construction Co~ts ' ' 69,614.00 Compaction Tests 476.00 Asphalt Overlay 8,300.00 Baima Holmberg (Engineering Design) 5,000.00 Auburn Administration &Inspection 3,324,72 Associated Sales Tax 5,747.00 TOTAL 92,961.72 I II 1999o712oeo6~9 PAt:-[ 813 OF 613 C:aroscoe\forms~paybacks~pacridge.xls e?/12/1999 18:14 . ~ KIIIG COUHTY, CITY OF AUI)URN At:- ,. ~ :---~:..'.4~:~:'".. ~ ....'-~ ,~' ,,~ . ~ ~ ~ . .'.~ 4 ' 116 H ~ ,~ . EXHIBIT C ........ i .... -. ,,.SANITARY SEWER PAYBACK - PACIFIC RIDGE --~ FAC 0007-95 19998712888659 p~ 812 ~ G7/1~/1~9 CITY ~ ~ ~