HomeMy WebLinkAbout3081 RESOLUTION NO. 3 0 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY OF
AUBURN AND SCHNEIDER HOMES.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn
are herewith authorized to execute a Payback Agreement
Developer's Extension between the City and Schneider Homes. A
copy of said Agreement is attached hereto and denominated as
Exhibit "1" and incorporated by reference in this Resolution.
Section 2. The Mayor is hereby authorized to implement such ....
administrative procedures as may be necessary to carry out the
directions of this legislation.
Resolution No. 3081
04/28/99
Page 1
DATED and SIGNED this 17th day of May, 1999.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3081
04/28/99
Page 2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
PAYBACK AGREEMENT #73
DEVELOPER'S EXTENSION
FAC0005-95
Reference # (if applicable): Additional on page:
Grantor/Borrower: 1) Schneider Homes 2)
(Plat of Eagle Run) Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE 08-21-05 Additional on page: ?
Assessor's Tax Parcel ID#: ,~,~ ~x/Z)
This Agreement made and entered into this/,~"~ day of
(")~(F.~ ,19~.2., by and between the City of Auburn, a municipal corporation
of King County, Washington, hereafter called the CITY and Schneider Homes, whose
address is 6510 Southcenter Boulevard, Tukwila, WA 98188, hereafter referred to as
DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by
Resolution No,- '~ ~ r / adopted by the City Council of the CITY on the / ;;;/-'~ day of
Payback Agreement for Schneider Homes - Eagle Run
Developers Extension FAC0005-95
Page 1 of 11
~ , ,. 1999e712008838
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/~,4/ ,19 ~'~', approved the execution of this Payback Agreement with
the DEVELOPER .above and referring to facilities described herein; and
WHEREAS, the above-described DEVELOPER has offered and the CITY has
agreed to accept a bill of sale found as Exhibit A, water facilities, attached hereto, as
part of the utility systems of the CITY;
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. DFVELOPER
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 Plat of Eagle Run, King County, Washington.
Map showing said property is attached hereto as Exhibit C.
II. FACII ITIF:S
The facilities which have been constructed by the DEVELOPER herein
are as shown in the attached Bill of Sale labeled Exhibit A, incorporated
herein by this reference, and processed as Developer Public Facility
Extension, Extension herein referenced as FAC0005-95, 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. AREA OF FACIIITY SFRVICF BENF=FIT
The propedies 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
amount 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 for Schneider Homes - Eagle Run
Developer's Extension FAC0005-95
Page 2 of 11
I I t 999e7 t zeeee e
II pf~GE ee2 OF 9t2
· 87/I2/t999 tO: 14
KING C;0UNT¥, 14R
CITY OF' RUBURN RG 19.ee
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
amounts 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 REIMBURSFMF:NT
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 as shown in Exhibit D attached hereto, and totaling to not
more than $7,408.80 in full amount.
VI. EFFFCT OF AGRF:FMFNT
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.
Payback Agreement for Schneider Homes - Eagle Run
Developers Extension FAC0005-95
Page 3 of 11
IN 1999871
P~ 863 OF 012
87/12/1999 lO:
VII. OWNFRSHIP 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 borne by the
CITY, except as noted otherwise in FAC0005-95.
VIII. UNAUTHORITFD CONNFCTION
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.
IX. CURRENT ADDRFSS & TEl FPHONF NUMBFR
The DEVELOPER shall keep a current 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 the City Engineer of the CITY 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 LAND
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 Exhibits C and D, their successors, heirs and assigns. The.
CITY shall make the actual recording and provide the DEVELOPER with
confirmation thereof, but such recordation shall only be made after
expiration of review period specified in Section V.
Payback Agreement for Schneider Homes - Eagle Run
Developer's Extension FAC0005-95
Page 4 of 11
IIJIl
PRGE 884 OF 812
87/12/1999 le: 14
CITY OF i~UDLIRN RG Is.eel KING COUNTy,
XI. HOLD HARMLESS
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.
XII. CONSTITUTIONALITY OR INVALIDITY
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.
Payback Agreement for Schneider Homes - Eagle Run
Developers Extension FAC0005-95
Page 5 of 11
~ I 19998712000638
PAGE 885 OF 812
87/12/1999 le** 14
K l NG COUNTY, MA
CITY OF AU)URN GIG 19,ee
CITY OF AUBURN
M
ATTEST:
City ~:lerk '
R~V A~S,~FORM:
STATE OF WASHINGTON)
)SS.
County of King )
I certify that I know or have satisfactory evidence that Charles A. Booth and Danielle 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
mentioned in this instrument.
Dated
; i ~ --*-- i ~ Notary Public in and for the State of Washington
.
Payback Agreement for Schneider HOmes - Eagle Run
Developer's Extension FAC0005-95
Page 6 .of 11 .
I I 19998? 12888638
P~E 886 OF 012
87/12/1999 10:14
KZNG COUNTY, fR
CITY OF RUItURN RG 19,ee
DEVELOPER:
: ~"'~' - ' / ' BY:
~T .~'p~~'//'Alfredson, P.E.
L TITLE:
~--:c~r ot uevelopment
SCh,,eider Homes, Inc.
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowle
free and volunta~ act of such pa~ for the uses and purposes mentioned in this
, ~' .'= :~.~ /""' , .
.... ---'~ .,~ ~,>- ~~, ~ '
~ '~ ~ ~ ~ ~'~ ~ ~ Nota~ Public i a d for the State of Washington
~f % FUa~I~ /.~ ~ residing ~~
~ii~::',~- ~ 5 -~ -"'-';Z-C:'~ My appointment expires ~/~/
DH/bd
REF. H:\FAC\FAC05516\E99-423
Payback Agreement for Schneider Homes - Eagle Run
Developers Extension FAC0005-95
Page 7 of 11
R II I 19990712000658
PAGE 00? OF 812
87/12/1999 10:14
KING COUNTY, HA
CITY OF AUBURN AG 19.ee
Exhibit A
CtTY OF AUBURN I ~[~,r, Or"eAr.g
25 West Main (CORPORATE:) '
KNOW ALL MEN BY THESE FRESENTS that for and In consideration of the
sum or ONE OOL~ ($1.00) and other good and sufficient consideration,
receipt vhereof Is hereby acknowledged, the undersigned Grantor(s)
do by these presents heceby ¢onvey~ setove~ assign~ tcan$fer an~ ~actant
to the City of Auburn, King County, ~ashlngton, a ~ICI~AL CO~O~TIOH,
the following publlc fmprovements '~70 ~ ~ a~/~C
Si=ua=ed wi=hin ~e following described real properUy: .
LOT 6. 8LOCK ~, C.O. HEL~AN'S AUBURNDALE ADOI~ON TO ~ ~ OF
SEATS, DIllON No ~, ACCOrDiNG TO ~E P~T ~[REO[ RECORDED IN
VOLUME 13 OF P~TS, PAGE 62, IN KING COUNt, WASH~NGT~.
and ~he sa~d Grantor(s) hereby ~arran~ ~ha~ ~[ ~are the sole
all ~he proper~y a~ve conveye~; ~ha= ~ey h~full. Fower ~o convey ~he
same and tha~ ~ey will ~efena ~e ~=le of ~e sa~d Gran=ee aga~ns~ any
and all persons lawfully making claim
IN WITNESS ~REOF ~he Utah=or(s) have executed these presents th~s
~ { H.C. BL~
~ = GER F O~L~s en
~ 0
~ : ~ t: AND ~NSTR~
co~tssioned and svorn, personally appeared ~ to ~ ~e
~ , to me
respectively, of f~~ ~Jt~,
the corporation ~at executed ~e foregoing ~nstr~ent, and a~ovledged
the said instraent to be the free and voluntary act and aeed of sa~d
co~oration, for the uses and pu~ose~ therein mentionode and on oath
stated that ~/~ authorized to exe~te the sai~
~nstr~ent and that the seal affixed is the corporate seal of said
corporation.
Witness my hand and official '~eal hereto affixed ~e day and year
f~rst a~ve ~itten. ] -' -
Payback Agreement for Schneider Homes - Eagle Run
Developer's Extension FAC0005-95
Page 8 of I 1
~ ~ I 199907130006;~8
P~GE 968 OF
07/12/1999 18:14
KING COUNTY, 14A
CITY OF AUBURN AG 19.88
Exhibit B
LOT 6, BLOCK 1, C.D. HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF
SEATTLE, DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 13 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON.
Payback Agreement for Schneider Homes - Eagle Run
Developers Extension FAC0005-95
Page 9 of 11
J' ~ ~ 9998? ! 2eees e
; PRGE 889 OF 812
P' "' 87/12/1999 10:14
CITY OIr RUBURN RG 19.68 KXNG COUNTy,,
Exhibit C
See attached map labeled Exhibit C.
Payback Agreement for Schneider Homes - Eagle Run
Developer's Extension FAC0005-95
Page 10 of 11
199987128806~8
~, P~Gr 018 0F 81.2
07/12/1999 10:14
KZNG COUNTY, 14~
CZTY OF ~UgURH ~G 19.86