HomeMy WebLinkAbout3791RESOLUTION NO. 3 7 9 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AUBURN AND JPS HOLDINGS LLC
FOR DEVELOPMENT OF WATER AND SEWER SERVICES FOR
PROPERTY LOCATED AT 11911 SE 312T" STREET, AUBURN,
WASHINGTON
WHEREAS, pursuant to RCW 36.70B.170 through .210, cities are
authorized to enter into agreements for development projects whereby the
development standards, including impact fees, SEPA requirements and
mitigation, design standards, phasing issues, review procedures, vesting
issues, and any other appropriate development requirements, are defined; and,
WHEREAS, JPS Holdings LLC, has a project for the development of
water and sewer services for property located at 11911 SE 312th Street,
Auburn, Washington, that would benefit from such a development agreement,
so that the development requirements can be planned with certainty, not only
as to the more immediate portions of the project, but also as to later planned
phases, and as to the types of improvements that will be built; and,
WHEREAS, state law requires that such projects be consistent with
current local regulatory requirements, and the Development Agreement would
Resolution No. 3791
December 1, 2004
Page 1
be able to assure such consistency, while at the same time fixing requirements
for future planned phases; and,
WHEREAS, pursuant to RCW 36.7013.200, a public hearing before the
Auburn City Council Planning and Community Development Committee was
held on the 22"d date November, 2004, on the proposed development
agreement, at which public hearing those persons whishing to speak to the
issues were afforded an opportunity to do so; and, WHEREAS, it is in the
public interest and best interests of the City to enter into such a Development
Agreement with JPS Holdings LLC for development of water and sewer
services for property located at 11911 SE 312th Street, Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and JPS Holdings LLC for the development of water and sewer services for
property located at 11911 SE 312th Street, Auburn, Washington to be located
within the City of Auburn, which agreement shall be in substantial conformity
with the Agreement a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein by this reference.
Resolution No. 3791
December 1, 2004
Page 2
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation, including recording the development agreement with the real
property records of King County, Washington, pursuant to RCW 36.70B.190.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
~
DATED and SIGNED this & day of December, 2004.
CI AUB
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
PPR VED S TO FORM:
A
2i
City Attorney
Resolution No. 3791
December 1, 2004
Page 3
010 2
~ za.0e
(UtG:LAKA7IUN.:OF COVErtANT)
Addiiion9i lecjal an paqe 10 szR 09 z1 05
The Agree.rrient<..executed herein between tfie City of Aubum,
Nlashingfon, o rrunicipal corporation, hereinafter referred to as "CITY" and Morris
Spiess, and,Joseph T. AAipch qnd•#he heirs, assigns, and/or successors in interest of
cerfain properly, her..einaffbr referred to as "OWNERS;" is for and in consideration
of the furnishing. of utility;serYice°';,by.'the'CITY to cerfain property of the OWNERS
hereinafter referr6d-"to as ''PROPERTY:' The .OWNERS do hereby declare this
covenant.
1. ACKNOWlEDGMENTS i4N[5 REPRESENTA3`lONS
The OWNERS do hereby ackriowledge.~and agree as follows:
1.1. The OWNERS are the C3WNEPS:of certbin:PROPERTY, which is located
outside the corporate limits of the CITY.`
1.2. The OWNERS are seeking PreUMinpry .:Plat a.pproval from King
County for the PROPERTY.
.
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1:3. TMe OVJNERS have :requested the CITY to fumish water and sewer
services to:#he.FROPEl2T1`;~'whiGi the OWNERS understand and agrees may be
limitsd byissues ~inciuding ~the 'Endpngered Species Act (ESA) and other
1.4. `•This Agreement fio extend. Water and sewer services outside the
corporale limits of the CiTY is'auxi'ibriied by RCW 35.67.310 and RCW 35.92.170
and shall not be cohs.trued as a. voluntpry,:ttgreement pu'rsuant to RCW 82.02.020
and therefore the provisions of.:i2G.GV 82.62.0ZO,shd11 nof"b.e applied hereto.
1.5. This Agreemeht' does no.fP;ec'lutle any evaluation and
determination by the CITY thi'dt Iciter: developmEnt; aCffons or proposals
underfaken'b,y the OWNERS may reqvire a Cfeterminafiion Qf sigrnfic6n.ce and
environmental rgview under SEPA. • ,1.6. The F'ROPERTY is located within t~e.;CITY'S PC7TFNTGAL:.ANNEXATION
AREti or QRBaN SERVICE AREA for annexation purpos.es as adopted;by the CITY
in ifs Comprehensive. Plan pursuant to the King Counly etnd Pierce Counfy
Countywi¢e PlanKing Pbticies.
1.7. I{-`is in,•tFie interest of the citizens of the CITY to'insure that all
developments. which;:are.`o.r. Couid be constructed within the corporate limits of
the CITY or t+yill `lae uttimately annexed into the CITY, are constructed in
accordance with CiTY developmenf;- standards as defined by section
14J8.006(C) of the Auburn City Code:
1.8. The OWNERS.'.. request .fbr fhe.:extensi~n. of utility services was duly
considered by the CITY, and-it''wcis d~terri~irred`thai'fh~.furnishing of weter and
sewer services to the PROPERTY wou(d beprqper up6~~ .the fulflling of all
conditions and covenants herein. 1.9. The OWNERS do hereby acknowledge tliat.iri the eVerifi of`violation or
breach of the terms of this DEVELOPMENT AGREEtitENT, pr u.pon the:.,invalidation
of this AGREEMENT by judicial action, operation 'of law or othenwrse the CI.TY,.
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reserves`'the right af`its sole,.discFetion to immediately terminate the provision of
utility s.ervice to,:Ke PROPEI7TY,and in such case the OWNERS agree to indemnify
4nd liold the CITY hartnless from any arid all claims of any parfy.
2 PROPEIZTY DESG,R-1 10N,
The PROPERTY is h.ereby d.eicribed ai foltows: 11911 SE 312m Street, Auburn
The PROPERTY is Iega11)i deicribed ih`l4t#acFiment A, attached hereto and represented
by reference as ff seftortti In full. fhe:~7WNER5"wcnqnt that'Atlachment A is correct as
fuily describing subJect PROPUTYs" .
3. COVENANT
The OWNERS, in c0rlsi6er:ati0n of the, CITY'S:•ag~eement tp:.provide
utility servc64o the PROPERTY, does her..eby c~we.rianfi as follows
3..1 The>.OWNERS agrees on hisJher/their bOifi•°ctind:' on' behalf of
his/her/their`fieirs;. successors and assigns thaf `the QWNEl2$ wi;f not protest the
future formatfon of any local improvement district fot.any'or aIi of the following:
doriiestit water,r`sewer service, streets, street lighting dncf'stgrm wdter facilities,
ineludPng ,,regiofiai deten#ion and water quality facilities, for :~ny'`district which
inCludes the,F'RUPERTY, affected by this agreement.
APPROVAL
The,OWKFRS, in''"considertition of the CITY'S agreement to provide
water and sewer utility serviCes to the PROPERTY, and in recognition of the CITY's
conditions for annexation.of the;PROPERTY; do'heieby agree to comply with the
following: .
4.1. Water service will require lrnpro.vemien#s..to the-wqter system
involving a looped water systef7►:tivith'nQ d.ead,ends.
4.2. Sewer service will require the extension of sew'er on to.th.e site to
serve the proposed development. ServiGe is,subjec3 to:connectiqn
charges and the provision of easemenft: Th~e develoqer ne6ds to::be.:
, . ,
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av~vace pf'the si#e's topography so that the system will be deep enough to
" serve the site wifih grpvity flbw sewer.
Locak~pubii;e streel~"access.shali be provided to both SE 316th Street
'.acid.to S.E 3}`2th Skeet.
d:4. Ht~Jf'street irimprayQments'shall be required on SE 312th Street to city
standards f~'a non-iesi6ientiaf`c.9ne+ctor arterial.
4.5. Hdlfi'street improv..emerlts;sh'pll be required on SE 316th Street to city
standards for ~i n~-reside~itiqFcoflectoG,arteriaL
4.6. Ten feet o#'righ,t of wiay1 docJieation shpll bev required on SE 316th
Street.
4.7. Internal roads shall t~'e ctinstrueteti:,Jo'Ci#y Of Auburn standards for a
local residential road.
4 8'.Access tracts shall meet C+ty sfandards for width anel..impr6~ment
in 0cc0 -dance with Aubum City Code IACC);section•'l$:d8`:a30:`
40. No direct access from individU~f.lo#s shiill;be dllowed"ta'eittier SE
312th~Sfreef or to SE 316th Street.
;''4.1(): Sfreetlights shall be insialled per Citystandards: : 4.1`1. Hydrants shall be provided per Aubum Ci#y-CQde:iACC)`section
13.16,060.,;' ;
4::a2.: 11,941h' Place SE; 120th Place SE and SE 314th St. shoN..be posted on
one side as q•tk- lane in accordance with AGC section 10:36.175.
4,.11.-7he calculation and qmount of any impact fees, including those for
roads and Parks, pqid to King,County shall be reporfed to the City.
4.14. All otlier ap~2ticable:City development standards shall be complied
with. .
5. GENERAL PROVISIONS , `The OWNERS and,the'CITY db h6reby.,acknowledge and agree to
the following provisions, which apply to'the entire Agreerr;lent.herein.
5.1, The OWNERS agree tiiat ~cfli future Ianct usp,,and.: development on
the PROPERTY will meet all land use and development:°5tandp~ds-bf'tbe CITY. In
the event of a conflict between CITY standards `anti any.. 0ppliG.ablE. County
standards, the more restrictive standards ps deterFnined,:by:the C4TY=shakl apply,..
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. 5;2. :-`Nciihing in this agreement shail be construed to create any financial
obfiga,#ion on the' part of::.fhe CITY with regard to annexation, construction of
utility;faGilities and appUrtendnces; orany other matter. The OWNERS and the
CITYhereby aclenovriledge,.ttldt"it <?WNERS' responsibility to finance the
design and consteucti0n c~f ~tili#y fcOci.lif`res? needed to serve OWNERS' property
consistent with "6ITY:plans and s06cifications, unless otherwise agreed by the
CITY.
5.3. The OWNERS pgre6 tv allova CITY, af:CITY`S,option, plan review and
approval prior to construction, ;and CITYinspecfiio,~ . during construction of all
public improvements as they are built,: regordless 9f th-6"Qwnership,;of such
improverittents, and shall reimburse the CITY,for any ceascanpble e.osts Nlcurred in
such plan revie'w and inspection.
5.4. ,``No modifications of this Agreemeh#,sfiatl be-made~ unless mutually
agreed u,pon'by the parties in writing. ~5.$. t'f fo.r.`any reason of any default or breoch' ori!'the part:of either the
OWNERS pr the CITY "in. the performance of any of fhe sprovisions of this
Agc,eemeni a: tejai,actiort is instituted, the party not prevpiling dgrees to pay atl
reasanabl,e-`casts::~nd afi#orney•fees and costs in connection therewith. It is
hereby agreed thiat::fihe,.'v:enue„of any legal action brought under the terms of
this Agreemenf:,shall 1?6::!kino"C+qurtfy;WQShington. The applicable laws, rules,
and regulations of'fhe: Stqte of CNash'rngton:.,and the CITY shall govern this
Agreement. ' 5.6. The terms anc1:•.provis10ns of:this QEVI~-,LaPMENT AGREEMENT shall
inure to the benefit and became `binding upoR. the;.heirs, assigns and/or
successors in interest of the parfie5. hei'eto qnd :'rs a;coXenant• running with the
land. The OWNERS agrees to indemn'ify 'and h'old:`the C}TY harrril'ess., from any
claims that any subsequent purchaser may`have;as.a refsulf`ctf thi5„Agreement,
including CITY's attorney fees and costs.
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U.S. Postal Service.
5.7.1 The ~
responsible for, all
iqnd required or permitted to be given under this
given in writing and sent by registered or certified
to;#he ' qddress of the parties set forth below. Any
future parfies of interest.
5.8. In the event fttcit
on the date it is deposited in the
the OWNERS will undertake, and be
recbrding, to~`dit; parfies of interest and
portion of this Agreement be helck to:; be"inoperative,: inv,,
with app(icable provision, condition, Clause `ix other p(x
and the`remaintier of this Agreement sfioll.be effecfiive°tr
condifion pr°qther portion had not been contained;here
terms of this Agreement are declared by the parfies to be
` 5,9. Upon execution, this Agreement shall be 7f
C.ount~. AVditor`s .offce.`'The OWNERS shall be responsible
prayide eviden.ce oFsuch'`:recording to the CtTY.
clause or other
)id, or in, conflict
this AqreL-ment,
i'this end, the
e..,
viiith the King
clina and shall
IN WITNESS WHER.EfJF, tfle OWNE and the CITY hereto have executed this
Agreement as `q.f this ~ddqy ofi 04.
Y O
PETER . LEWIS
MAYOR
City Attorney
STATE OF WASHINGTON ) -
~ ss -
COUNTY C7FKing '77'ti- dp 2044 before me,
On this y of ~
the unciersigned, d` Notary Public in and for the 3tate.:4fi Wi3shingf4n, duly:
comrriissiqnediancf;swom, personally appeared PETER B. CeWIS'and GANIELLE DASKAM,
to rrie known'bs the Mpyor and City Clerk, for the City of Aubum; the ebrpziration who
e.xecuted,thie withi+l and fcsregoing instrument, and acknowledged the Sbid instrument
to be the free,an.d vq4Uri#ary*act and deed of said City of Auburn, for fhe uses and
purposes:#herein mEntipned, and on ,path stated that he is authorized to execute said
instrumenl on 6ehdlf.04 sa;t~::corpo[atian.
IN WITNESS WHEREQF, I h6ve hereun#o5et'my: hand and affixed my official seal on the
date hereinabove set fortti.
r ~xE K.C
~
NAME
~~~lc'h { ~ 7~ 'C /Cir.~C~ ~cS✓
: q5g10N F~,A, ~
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NCSTARY PUBLIC in and.fior fh~,Stafie of
N; pus~"\1 =s ~
Washington, residmg at ' i ~a
:
N
O
MY COMMISSIQN EXPIRES
F WAS~
RES 3791
W SC04-0012
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Paga 7
.
On tFtis j
the undersigned,.,ofJot!ary
commissioned and sw.6m,.
2004, before me,
State of Washington, duly
I Morris Sotesx, the OWNER that
executed the within anct Poregoing insfrumenf, ond aGknov~
to be the free ond voluntary act,:and desd of sd0:OV11NER; ;
therein mentioned, and on oath stqted`that they are:au#hoi
instrument:c>n behalf of said OWNER. ~
IN: WITNESS, WHEREOF, I have hereun#.p sei ~y I~and a
on the date,hereirtabove set forth.
lpk ~'k' &i
(Printed Name)
M-.RIG~'
NlITARY PI IRI IC' in nnri fnr
1bed the said instrument
the uses and purposes
,d to execute said
seal
RES 3791
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Page 8
STATE bF WASHINJGT.ON
ss COUNTY OF KING
On ihis t~ ciay of
the undersigned, a No1ary Public in;, nd for.:ihe,SJa
commissioned and sworn, personqlly pppAqred Ji
executed the within and Foregoirig instniment,ani
to be the free and voluntary act ahd eleecJ of`said
therein maritiQned, and on oath stated that they e
instrument on tiahalf of said OWNER.
IN WITNESS CNHEREOF, I have hereunto set rr
on th.e date heteinQbove set forth.
: P~3NN1~iQ
iK , 2004, before me,
: of Washington, duly
;8ph T.:#IAipch, the OWNER that
aGicnvwledged fhe said instrument
)WNiR, for the:,uses and purposes
Do uthorizo"d to ezecute s.did'<h4rid:and.affpced Cny,nftial seal
~ ~V
~,4\ . lC~,
~ J~
(Printed Name)
. ,
~
O
/
~ 0;:
h1OTARY PUBLIC in and for the State of Washington,
"Un I_iG . Z
resirling at
hilY COMAAISSION EXPIRES:
RES 3791
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-
ATfACHMENT A
' LEGAL pESCRIPTION:
PARCL A:THE-tAST HA6"OF:,TME EA$J HALF OF THE NORTHWEST QUARTER OF
THE SUUrtH)NES7 Q(lAR'f~ OF SECTfON4~ TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., fN KING'~UNTY 1NASNIE~GTQI~,
EXCEPT THA7. PART;IN ROA[~S ~ ,