HomeMy WebLinkAbout3605RESOLUTION NO. 3 6 0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE A PAYBACK AGREEMENT DEVELOPER'S EXTENSION
BETWEEN THE CITY OF AUBURN AND GAINES CONSTRUCTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk of the City of Auburn are
hereby authorized to execute a Payback Agreement for Developer's Extension
between the City and Gaines Construction, in the form substantially as the
agreement attached hereto, marked as Exhibit "1" and incorporated herein by
this reference.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this resolution shall be in full force and effect upon
passage and signatures hereon.
Resolution No. 3605
4/23/03
Page 1
DATED and SIGNED this ICI day of
2003.
CITY OF AUBURN
PETE B. LEWIS
MAYOR
ATTEST:
Dan"relle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B H~id ~ ~'
City Attorney
Resolution No. 3605
4/23/03
Page 2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
et 1 9~q ~>~ rot PAYBACK AGREEMENT #89
B-~ Iv [ 0~4 ' [ 'L-CRYSTAL MEADOWS DEVELOPER'S EXTENSION
( FAC99-0009 )
Reference # (if applicable):
Grantor ·
Grantee:
Legal Description / STR:
Assessor's Tax Parcel ID#:
City of Auburn
MYC LLC
09-21-05
See Exhibit B
This Agreement made and entered into this'° ~'~t'/--- day of/'~/-~~- ,
2003, by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and M.Y.C. LLC, whose address is 26506 163~d
AV SE, Covington, WA 98042, hereinafter referred to as DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution
No. ~ D~-5~'adopted by the City Council of the CITY on the /]~.~! day of
~,c~x/~, ,2003, 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 as part of the utility systems of the CITY;
PAYBACK AGREEMENT #89
DEVELOPER'S EXTENSION FAC99-0009
Page 1 of 9
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
DEVELOPER
The above-described DEVELOPER is the record OWNER of real property legally
described as
THAT PORTION OF LOT 1, KING COUNTY SHORT PLAT No. 1081032,
RECORDED UNDER RECORDING No. 8202220538, IN KING COUNTY,
WASHINGTON, AND OF THE SOUTHEAST QUARTER OF THE SOUTH-
WEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT THE INSTERSECTION OF
THE WEST LINE OF SAID DUB-DIVISION AND THE NORTH MARGIN OF
THE SOUTHEAST 304TM STREET, THENCE N01"18'56"E ALONG THE
WEST LINE THEREOF 700.00 FEET; THENCE S75"38'01'E 472.02 FEET;
THENCE S23"16'16"E 664.25 FEET TO THE NORTH MARGIN OF SAID
SOUTHEAST 304TM ST; THENCE N87"52'16"W ALONG SAID NORTH
MARGIN 750.00 TO THE POINT OF BEGINNING; EXCEPT THAT
PORTION THEREOF LYING WITHIN LOT 2 OF KING COUNTY SHORT
PLAT No. 1081032, RECORDED UNDER RECORDING No. 8202220538.
Map showing said property is attached hereto as Exhibit A.
FACILITIES
The facilities which have been constructed by the DEVELOPER herein are as
shown in the attached Exhibit A, incorporated herein by this reference, and
processed as Developer Public Facility Extension, Extension herein referenced as
FAC99-0009, 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.
AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities constructed by the DEVELOPER are
shown on Exhibits A and B, 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 A and B, 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 #89
DEVELOPER'S EXTENSION FAC99-0009
Page 2 of 9
TERMS
For a period of 15 years from the date that the City formally accepts the
developer's utility extension, any owner (latecomer) of real estate legally
described in Section Ill, 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 B attached hereto. The charge herein represents the fair
pro rata share of the cost of construction of said facilities payable by properties
benefited. Such properties are shown in Exhibits A and B. 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 any moneys collected by the CITY will
not be reimbursed to the DEVELOPER.
AMOUNT OF REIMBURSEMENT
Sanitary sewer collection 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 B attached hereto, and totaling to not more than
$38,196.64 in full amount.
Prior to recordation by the DEVELOPER as described in Section X, the CITY,
shall mall to the property owners, as reflected in the records of the King County
Assessors Office, as specified in Section Ill, 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
Director of Public Works 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 Director of Public Works, 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 A and B shall govern reimbursement amounts to be received by the
DEVELOPER.
PAYBACK AGREEMENT #89
DEVELOPER'S EXTENSION FAC99-0009
Page 3 of 9
VI.
VII.
VIII.
IX,
Xo
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.
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 borne by the CITY,
except as noted otherwise in FAC99-0009.
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.
CURRENT ADDRESS & TELEPHONE NUMBER
The DEVELOPER shall keep a current record of his/her address and telephone
number on file with the Director of Public Works of the CITY, and shall within
30 days of any change of said address and/or telephone number, notify the
Director of Public Works 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.
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
PAYBACK AGREEMENT #89
DEVELOPER'S EXTENSION FAC99-0009
Page 4 of 9
XI.
XII.
within the benefit boundary of the area as shown in the attached Exhibits A and B,
their successors, heirs and assigns. The DEVELOPER agrees to pay all fees for
recording this Agreement with the County Auditor. The DEVELOPER shall
make the actual recording and provide the CITY with confirmation thereof, but
such recordation shall only be made after expiration of review period specified in
Section V.
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.
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 #89
DEVELOPER'S EXTENSION FAC99-0009
Page 5 of 9
CITY OF
Peter B. Lewis, Mayor
ATTEST:
Daflielle Daskam, City Clerk
Dafiiel~. Heid, tgity [ttorl/i/y~
STATE OF WASHINGTON )
)SS.
County of King )
I certify that I know or have satisfactory evidence that Peter B. Lewis 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 C1TY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
Notary Public in and for the State of Washington
My appointment expires ~ Iq 1 0 +
PAYBACK AGREEMENT #89
DEVELOPER'S EXTENSION FAC99-0009
Page 6 of 9
DEVELOPER:
TITLE: 1¥"7
BY:
TITLE:
STATE OF WASHINGTON )
)SS.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that Mike Goral is the person who
appeared before me, and said person acknowledged that he signed this instrument on
oath stated that he was authorized to execute the instrument and acknowledge as the
Manager of the MYC LLC, a limited liability company, to be the free and voluntary act
of such party fgr the~ses and purposes mentioned in the instrument.
Dated ///,~7//o ~ ~/£ ~--~' ~/~~/~h ~ /~ '
¢ [~ ¢~V ~ '~ Notary Public in and for the Sta~¢Was~gton
~, .~'- ~ _~ ."~ My appointment expires
·
PAYBACK AGREEMENT #89
DEVELOPER,S EXTENSION FAC99-0009
PAGE 7 OF 9
EXHIBIT A
786700-0046
12200
SE 5041~1 ST
042105-9072
12014
SE 3041W ST
'" ....... t ""'~ 304TH
092105-9176
ST
092105-9210
~420
122ND PL Sr.
092105-9208
5O5O5
122ND PL SE
092105-9209
122ND PL SE
092105-9092
122ND PL SE
MYC LLC PAYBACK #89
092105-9177
12221
124'1H AV SE
092105-9091
50527
092105-9112
50619
124THAVSE
1"=250'
PARCELS OWNED
BY DEVELOPER
PARCELS BENEFITED
SEWER LINE INSTALLED
BY DEVELOPER
PAYBACK AGREEMENT #89
DEVELOPER'S EXTENSION FAC99-0009
PAGE 8 OF 9
Exhibit B
Payback Agreement # 89
Sanitary Sewer Assessments fOr
Developers Facility Extension FAC99-0009
Crystal Meadows - MYC LLC
Sewer Assessment Distribution
,~ ~ ~,~ As~es~ab~~
092105-9087* I $ 4,774.58
092105-9088'* i 2 $ 9,549.16
092105-9177* 1 $ 4,774.58
092105-9210 2 $ 9,549.16
092105-9089 1 $ 4,774.58
092105-9072 1 $ 4,774.58
* Parcels 9087 and 9177 have already connected to the sanitary sewer system.
Upon future land use action that results in the creation of another single family
home the parCel shall owe the assessment as noted above.
** Parcel 9088 has a credit for the first single family home that they wish to connect
to the sanitary sewer system. Upon the creation of additional single family homes,
the parcel shall owe $4,744.58 per home, up to a total of $9,549.16 (2 single family
homes), as noted above.
PAYBACK AGREEMENT #89
DEVELOPER'S EXTENSION FAC99-0009
PAGE 9 OF 9
3/25/20037:23 AM