HomeMy WebLinkAbout3639RESOLUTION NO. 3639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A PAYBACK AGREEMENT FOR DEVELOPER'S
EXTENSION BETWEEN THE CITY OF AUBURN AND JEFF
MOORE
WHEREAS, state law allows for agreements that permit persons
extending city utilities and facilities to recapture a portion of their investment
from property owners who later develop and utilize the extended facilities; and
WHEREAS, the City is willing to enter into such an agreement with the
developer who extended the utilities in this case.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor of the City of Auburn is hereby authorized to
execute a Payback Agreement for Developer's Extension between the City and
Jeff Moore, 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. 3639
August 28, 2003
Page 1
DATED and SIGNED this \~r-. day of ~-~ '~'"-, 2003.
CITY OF AUBURN
PETE B. LEWIS
MAYOR
ATTEST:
Dart'ielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3639
August 28, 2003
Page 2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20031013002983
P~CZF~C NU TIT ~G' 26.00
P~GE 001 OF 000
10/13/2003 15:23
K~NG COUNTY, U~
Above this line reserved for recording information.
PAYBACK AGREEMENT # 92
MOORE SANITARY SEWER EXTENSION
(FAC00-0044)
Reference # (if applicable):
Grantor: City of Auburn
Grantee: JeffMoore
Legal Description / STR: SW 19-21-05
Assessor's Tax Parcel ID#: Sec ...... L,. D
made ~d entered into this 1%~ day of xbe,V,
This
Agreement
2003, by ~d between the Ci~ of Auburn, a m~icipal co~oration of King County,
Washington, hereinafter called the CITY and Jeff Moore, whose address is 18116 17th
ST E, Sumner, WA 98390, hereinafter referred to as DEVELOPER,
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution
No. ~ ¢ :~c~ adopted by the City Council of the CITY on the [~day of
-~o-O~,~\~O'q~Y~ ,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 for sanitary sewer facilities as part of the utility systems of the CITY;
PAYBACK AGREEMENT #92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 1 OF 8
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 follows:
City of Auburn SP, SP-19-91, recorded under KC recording number
8110130505.
Map showing said property is attached hereto as Exhibit A.
II.
FACILITIES
The facilities, which have been constructed by the DEVELOPER, consist of 503
lineal feet of 8-inch sanitary sewer pipe and appurtenances. The location is noted
on Exhibit A, incorporated herein by this reference, and processed as Developer
Public Facility Extension FAC00-0044, 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 construction specifications for facilities
of such type, and have been approved by the City Engineer.
III.
AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities constructed by the DEVELOPER are
listed 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.
IV.
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 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 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.
PAYBACK AGREEMENT #92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 2 OF 8
Vo
VI.
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
The DEVELOPER, his successors, heirs and assigns, agrees that the amounts
which the DEVELOPER is reimbursed from the benefited 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 $50,548.59 in
full amount.
Prior to recordation by the DEVELOPER as described in Section X, the CITY,
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
sewer system. The property owner shall have the right to a review 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.
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 the 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 #92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 3 OF 8
VII.
VIII.
IX.
Xo
XI.
OWNERSHIP OF FACILITY
The DEVELOPER has constructed and provided a bill of sale for 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 FAC00-0044.
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
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
PAYBACK AGREEMENT #92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 4 OF 8
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.
Peter B. Lewis, Mayor
ATTEST:
Danib'lle Daskam, City Clerk
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 CITY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
mention~eci_in this instrument.
Date~ ',~~~', ~':2 /6, :2c~o ~
ot~ Public in and for the State of Washingto~
My appointment expires ~/wo 6/ ~ q, ~ o '¢
PAYBACK AGREEMENT #92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 5 OF 8
DEVELOPER:
Print Name
TITLE: 6~
STATE OF WASHINGTON)
County of King )
I certify that I know or have satisfactory evidence that Jeff Moore is the person who
appeared before me, and said individual acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
this instrume~
Dated 0
~k~thry PublicTn_at~d for the State of Washington
residing at c"~4/~ a~x/~
My appointment expires
PAYBACK AGREEMENT #92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 6 OF 8
EXHIBIT
192105-9189
712
19TH ST SE
192105-9025
1956
F ST SE
422340-00 'l 0
718
19TH ST SE
422540-0020
1915
H ST SE
422540-0050
1925
H ST SE
422340-0040
1945
H STSE
422540-0050
1955
H ST SE
192105-9195
0
21ST SE
H S¢ SE
192~05-9B20
!92!05--9260
2009
H ST SE
192105-9232
609
192105-9265
7O5
21ST SE
192105-9275
7O7
21ST SE
192105-9024
471
21ST SE
PAYBACK //92
1'=100'
PARCELS OWNED
BY DEVELOPER
PARCELS BENEFITED
SEWER LINE INSTALLED
BY DEVELOPER
PAYBACK AGREEMENT //92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 7 OF 8
Exhibit B
Payback Agreement # 92
Sanitary Sewer Assessments for
Developers Facility Extension FAC00-0044
Moore Sanitary Sewer Extension
Sanitary Sewer Assessment Distribution
ParCel Number pro Rata Share ($)
192105-9340
192105-9341 *
192105-9022 *
192105-932O
192105-9260
422340-0050
192105-9321
$ 12 637.15
$ 12 637.15
$ 12 637.15
$ 12 637.15
$ 12 637.15
$ 12 637.15
$ 12 637.15
* Developer's property - included for information
only.
Total amount possible for Payback Agreement
Total minus the assessment associated to the developers
property =
$ 50,548.59
H:Agree\Payback\FAC00-0044 Jeff Moore Agreement.doc
PAYBACK AGREEMENT #92
DEVELOPER'S EXTENSION FAC00-0044
PAGE 8 OF 8