HomeMy WebLinkAbout3066 I RESOLUTION NO. 3 0 6 6
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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
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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
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Developer's Extension between the City and Randy Goodwin. A
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copy of said Agreement is attached hereto and denominated as
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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
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out the directions of this legislation.
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Reso~0n No. 3066
Fcbma~ 24, ]999
Page 1
1 DATED and SIGNED this 15th day of March, 1999.
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CHARLES A. BOOTH
6 MAYOR
7 ~TTEST:
8
1~ Da~n~'elle E. Daskam,
l 1 City Clerk
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14 APPROVED AS TO FORM:
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Michael J. Reynolds,
18 City Attorney
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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.
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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:-
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EXHIBIT C ........
i .... -. ,,.SANITARY SEWER PAYBACK - PACIFIC RIDGE --~
FAC 0007-95
19998712888659
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