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HomeMy WebLinkAbout3811 RESOLUTION NO.3 8 1 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 FREMANTLE DEVELOPMENT FOR DEVELOPMENT OF WATER AND SEWER SERVICES FOR PROPERTY LOCATED AT SE 305TH PLACE NORTH OF 122ND AVENUE SE 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, Fremantle Development has a project for the development of water and sewer services located at SE 305th Place North of 122nd Avenue South 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. 3811 January 11, 2005 Page 1 be able to assure such consistency, while at the same time fixing requirements for future planned phases; and, WHEREAS, pursuant to RCW 36.70B.200, a public hearing before the Auburn City Council Planning and Community Development Committee was held on the 13th day of December, 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 Fremantle Development for development of water and sewer services located at SE 30Sth Place North of 122nd Avenue South. 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 Fremantle Development for the development of water and sewer services located at SE 30Sth Place North of 122nd Avenue South 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. 3811 January 11, 2005 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 .l1.- day of January, 2005. ~ ATTEST: jJ~~' Danlelle E. Daskam, City Clerk niel B. Heid, City Attorney -------------------------------------- Resolution No. 3811 January 11, 2005 Page 3 ........ '. CONFORMED COPY Return Address: City of Auburn Planning DeDt. 25 West Main street Auburn. WA 98001 WSCOO-OOOO Parcel Numberlsl 092105-9176 Additional legal on Doge 11 20060330002420 PACIFIC NW TIT AG 44.00 PAGE001 OF 012 03/30/2006 lS:38 KING COUNTY, WA OUTSIDE UTILITY EXTENSION AGREEMENT () --;-. .-.,';>.\ \/f \ N\tJ 'c ,~~)...) \~ ~ . if" (PETITION FOR ANNEXATION. ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Fremantle Development Inc., in its own right and as successor to Elmer Y. Hautala, and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY, having recently closed on the purchase of said property from Elmer Y. Hautala, the former owner. 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be Said document(s) wece filed for record by Pacific Northwest Title as aocommodation only. It ha& not been examined as to proper executlon or as to its affect upon title. Approved by Resolution No. 3811 (Revised Agreement) Page 1 limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170, and shall not be construed as an agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. The OWNER hereby acknowledges the authority of the City to enter into utility extension agreements pursuant to RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170, and as part of the consideration of the City entering into this agreement, and the concessions and accommodations of standards otherwise applicable, the OWNER covenants not to challenge this agreement or the authority under which it was made. The OWNER also hereby acknowledges that neither this Agreement nor the action of the CITY to make and/or approve this Agreement constitutes a land use decision within the meaning and purpose of the Land Use Petition Act (LUPA), pursuant to RCW Chapter 36.70C. The concessions and accommodations negotiated by the parties in this Agreement included, but are not limited to: (1) The City's granting of a modification to City standards to allow 76 units to access the collector arterial system at 124th Ave SE rather than a maximum of 75. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY. 1 .8. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires Approved by Resolution No. 3811 (Revised Agreement) Page 2 that such extensions be conditioned on annexation or efforts toward annexation. 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this OUTSIDE UTILITY EXTENSION AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNER. in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: Approved by Resolution No. 3811 (Revised Agreement) Page 3 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which Approved by Resolution No. 3811 (Revised Agreement) Page 4 the .OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROV AL The OWNER, in consideration 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, does hereby agree to comply with the following: Approved by Resolution No. 3811 (Revised Agreement) Page 5 4.1. A public water line shall be extended through Tract E with an 8-inch diameter pipe and a hydrant shall be installed. 4.2. A public utility easement running northward from Tract E through lot 6 or 7 shall be provided to the City of Auburn to allow for a future water line connection per ACC 13.08.020 and 13.16.090. 4.3. An 8" diameter public sanitary sewer main shall be extended from Auburn's existing Manhole 513-86 to provide service to and through the proposed development to the northern boundary to provide service to the two lots located north of the property. 4.4. Any public utility easements providing access to sanitary sewer manholes shall be provided with a proper all weather surface that will support the City cleaning vehicles. 4.5. Gravity sewer service shall be provided wherever possible to avoid the need for individual grinder pumps as determined by the City Engineer. 4.6. Service is subject to payment of City of Auburn connection charges (including payback charges) and dedication of all required public utility easements. 4.7. The storm drainage system shall be constructed to City of Auburn Standards. 4.8. A half-street improvements meeting City of Auburn standards shall be constructed off-site from the proposed development to 122nd A venue SE (in Kingsley Meadows). The half street improvement shall be comprised of 24 feet of ACP and curb gutter and sidewalk on the south side to allow for two-way travel. 4.9. SE 305th Place shall be redesigned to eliminate the pinch point in the vicinity of Lot 20. 4.10. The sidewalk on the south side of 304th PI. shall be designed to abut the property line 4.11. To ensure that traffic flows are safely separated, lanes on SE 305th Place into the plat shall be marked with permanent buttons or thermoplastic to the satisfaction of the City Engineer. A guarantee that the lane markings will be maintained shall be provided. Approved by Resolution No. 3811 (Revised Agreement) Page 6 4.12. To prevent general traffic from circulating east of the 122nd Place SE and SE 305th Place intersection to SE 304th Street, a barricade shall be placed immediately east of the intersection of SE 305th Place and 122nd Ave SE. The barricade shall be designed to the satisfaction of the Fire Marshall so that it does not interfere with providing secondary emergency access to Hazel View. 4.13. A direct pedestrian connection either north to SE 304th Street or west to Hazelwood Elementary (if the school district concurs) shall be provided. 4.14. Street lights shall be provided to City standards. 4.15. All access tracts shall be designed to City standards for width and improvement. 4.16. To provide for the future extension of a street from the subject property to SE 304th Street (across from 121 st Place SE), a 30 foot wide half-street improvement meeting city standards shall be constructed along the subject property's east property line, between SE 305th Place and the subject property's north property line. 4.17. To provide for an emergency second access (to and from 122nd Place SE to SE 304th Street), as well as to provide for a hammerhead turnaround at the northerly end of 122nd Avenue SE, the 30-foot wide public right-of-way between 122nd Avenue SE and SE 122nd Place shall be improved with an all weather surface acceptable to the Fire Marshal. The hammerhead turnaround shall meet city standards. The existing temporary cul-de-sac turnaround at the northerly end of 122nd Avenue SE may be removed. 4.18. Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within the internal plat road and tracts. 4.19. Fire hydrants must be installed per ACC 13.16.060. 4.20. The calculation and amount of any impact fees, including those for roads and parks, paid to King County shall be reported to the City. 4.21. All other applicable City development standards shall be met. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. Approved by Resolution No. 3811 (Revised Agreement) Page 7 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this OUTSIDE UTILITY EXTENSION AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that any subsequent purchaser may have as a result of this Agreement. including CITY's attorney fees and costs. 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified Approved by Resolution No. 3811 (Revised Agreement) Page 8 mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement. and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable, PROVIDED that the extension of utility services by the CITY is expressly conditioned upon the OWNER and DEVELOPER making the improvements to the PROPERTY in accordance with the standards described herein; and Failure of the OWNER and DEVELOPER to do so as promised shall terminate any responsibility on the CITY's part to provide such utility services. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as of this.)1 !:day oC--;~ ,200~. Peter 8. Lewis, Mayor Attest: Approved by Resolution No. 3811 (Revised Agreement) Page 9 1/L~~'~ lie Daskam, City Clerk STATE OF WASHINGTON ) ss COUNTY OF KING ) 1 j1.,- 1__ I _ ~-{) c. <,., On this cJ-' day of C:::lrl"'IO''-L~ ' 2005, before me, the undersigned. a Notary Public in and ({or the State of WashIngton, duly commissioned and swom, personally appeared PETER B. LEWIS and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Aubum, the corporation who executed the within and foregoing instrument. and acknowledged the said instrument to be the free and voluntary act and deed of said City of Aubum, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. """ "" "\, -_....~\E. K.C 1111, --.).~ ........,(-~ I, ,!" 9.' :'-;'SSION ~..t..?: " : q; :~~ ~:'. ~ I" ;!; :'0 ~OTAAy ~'" ':P ~ ~:o w; ~ "- . ~.-- . , ~ : p r . , ~ <.P ". US Uv ....o~ : " /. ". .'~ : " '1'r, ....-!-29-01..... 0 .: ',~ ......... ~~ -- "" OF WASI(\. .._-- ',\,\""""....,..,.. ~4d/~~~ .-J1-j7}J,cJh cz n I & j:::. ('. I7J I ~ ( Printed/Name) NOTARY PUBLIC in and for the State of Washington, residing at ;t::L~ Co. MY COMMISSION EXPIRES: . 03'2?' 6J- Approved by Resolution No. 3811 (Revised Agreement) Page 10 , . Owner, Fremantle Development Inc. v~ By Dennis Johnson t:V'! ) . , STATE OF WASHINGTON ) ) ss COUNTY OF KING )._ On this j 0 day of ~tWJr ' 200(p before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dennis Johnson on behalf of the OWNER that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned. and on oath stated that he is authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. ~,,\\,\\ ~\tft I ~;'~I)~~"'1 . ~~'~' ',' !l.'~.."\""t.1 ,~.A'II - '. ~~ $\01.1 It!r,,-r.: '1. ,:: .. '. Y.o", roil\ Z ~ . 01".. ..\-~ ~ ~' _ .... ,J. "lI'~ Z ~ "",. ...'. - .. ~ ~ ~ " t: ~ 4/'J.Cft .. Ct $~ ~ ~ ;;.\ \ 1 1I1\.~ = -:: ~ ~ 'I, 1-10 01~ ,,0 - 'r~4":' ~ I".. " _ - ~.....~ J-.... .: -" _ ~ IIIIII\\\"""~"" ~ ", III O~ u'AS~~ ~ 'II ..., . ~.......... 11\\,\\\\\\\-': ~~~W1fu~ NOTARY PUBLIC in an for the Stat~ of Washington. residing at.i } MY COMMISSION EXPIRES: Approved by Resolution No. 3811 (Revised Agreement) Page 11 . ' . . ATIACHMENT A LEGAL DESCRIPTION: ALL LOT 1 OF KC SHORT PLAT #584147 REC.#8502190360 (SAID SHORT PLAT LOCATED IN WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SEC. 9-21-5) TOGETHER WITH LOT 2 OF SAID SHORT PLAT; LESS PORTION LYING WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER THE NORTHWEST OF SEC. 9- 21-5. ALSO KNOWN AS LOT 1 OF KC LLA #870615 REC. #871050307 ............................................................................................................................................................................. Approved by Resolution No. 3811 (Revised Agreement) Page 12 res 3'&( I ~v'h·~·/"~\., L~'v-n (!'s:-;....'C(' \ 1111111111111111111I 200S0121000067 DENNIS AG 30.00 PAGE001 OF 012 01/21/2005 09:28 KING COUNTY, UA Return Address: " " ¿ '-f""\ l) '''-'.'' {" ""\. 1 t:. I~ \(.'_ì.I;"\\\,.'\('\ \J{.-t"-r ':>- .... 'v' ( j -~ fl.."\ '\ ì'~"'" s:t Plea.. printor type inrormatôo. WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (aU areas applicable to your document ";ust be fiUed in) 1. Dv" (~l;'''·~f~...{t 14~) .'~!~_~r·'<..¡..t:' 3. 2. 4. '. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name, first name, initials) 1. !ZL-vV1¿cR"-i dAJ \¡\~f't 2. Additional Óames on page _ of document Grantee(s) (Last name ftrst, the~st name and initials) 1. L; \'/' (' ¡. f\ c ~ ',' ~ V\ . 2. I Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, townslúp, range) '. ,'., t "f ¡, ( ~e,~ (', t\( L¡'¡vY~ ,,"t. \ Additional legal is. on page _:Of document Assessor's Property Tax Parcel/Account Number ( ,t 2 ! (';- ~í I 7 L; o Assessor Tax # not yet assigned The Auditor/Recorder will rely on the infonnation provided on the fonn. The staff will not read the document to verif the accorac or co leteness of the indexing infonnation rovided herein. I am requesting an emergency nonstandard recording for an additiomil fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover np or otherwise obscure some part ofthe text of the original document. . \~;) v'ì '~'1<' '/ !_~. ". <.--...- - -:: Signature of Requesting Party " DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) Return Address City of Auburn Plannina Dept. 25 West Main Street Auburn, WA 98001 WSC04-00 13 Parcel Numberls} 092105-9176 Additionalleaal on paae 11 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred, to as "CITY" and Elmer Y. Hautala and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate lirnits of the CITY. 1 .2. The OWNER is seeking a preliminary plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees rnay be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 RES 3811 WSC04-0013 1/19/2005 Page 1 -- and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Washington law recognizes a City's requirernent of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate lirnits of the CITY. 1.8. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires that such extensions be conditioned on annexation or efforts toward annexation. 1.9. The PROPERTY is located within the CiTY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of, all conditions and covenants herein. 1 .12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the RES 3811 WSC04-0013 1/19/2005 Page 2 " - invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless frorn any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: SE 305th Place (if extended) north of 122nd Avenue SE The PROPERTY is legally described In Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary docurnents such as applications, letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant RES 3811 WSC04-0013 1/19/2005 Page 3 - relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. 3.3.1 The OWNER further recognizes that other methods of annexation are , allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an adrnission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the sarne rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at. the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation RES 3811 WSC04-0013 1/19/2005 Page 4 -- covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storrn water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreernent. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration 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, does hereby agree to comply with the following: 4.1. Water shall be extended through Tract E with an 8-inch diarneter pipe and a hydrant shall be installed. 4.2. An easement northward from Tract E through lot 6 or 7 shall be provided to the City of Auburn for future looping of the water line per ACC 13.08.020 and 13.16.090. 4.3. An 8" diameter sewer rnain shall be extended from Auburn's existing Manhole 513-86 to provide service to and through the proposed development to the northern boundary to provide service to the two lots located north of the property. 4.4. Easements providing access to manholes shall be maintained with a proper all weather surface that will support the City cleaning vehicles. 4.5. Grinder pumps shall be avoided wherever possible. 4.6. Service is subject to connection charges (including payback charges) and easements. 4.7. Required to build storm drainage system to City of Auburn Standards. 4.8. A half-street improvement shall be constructed off-site from the proposed development to 122nd Avenue SE (in Kingsley Meadows). The half- street improvement shall be comprised of 24 feet of ACP and curb gutter ánd sidewalk on the south side to allow for two-way travel. 4.9. SE 305th Place shall be redesigned to eliminate the pinch point in the vicinity of Lot 20. RES 3811 WSC04-0013 1/19/2005 Page 5 -- 4.10. The sidewalk on the south side of SE 304th Place shall be designed to abut the property line. 4.11. To ensure that traffic flows are safely separated, lanes on SE 305th Place into the plat shall be marked with permanent buttons or therrnoplastic to the satisfaction of the City Engineer. A guarantee that the lane rnarkings will be maintained shall be provided. 4.12. To prevent general traffic from circulating east of the 122nd Place SE and SE 305th Place intersection to SE 304th Street, a barricade shall be placed immediately east of the intersection of SE 305th Place and 122nd Ave SE. The barricade shall be designed to the satisfaction of the Fire Marshall so that it does not interfere with providing secondary emergency access to Hazel View. 4.13. A direct pedestrian connection either north to SE 304th Street or west to Hazelwood Elementary (if the school district concurs) shall be provided. (This pedestrian access would eliminate a multiple thousand-foot walk out of direction along rural arterials to connect to an elementary school, which abuts the proposed Hazel View plat to the west.) 4.14. Street lights shall be provided to City standards. 4.15. All access tracts shall be designed to City standards for width and improvement. 4.16. To provide for the future extension of a street from the subject property to SE 304th Street (across from 121 st Place SE), a 30 foot wide half-street improvement meeting city standards shall be constructed along the subject property's east property line, between SE 305th Place and the subject property's north property line. 4.17. To provide for an emergency second access (to and from 122nd Place SE to SE 304th Street), as well as to provide for a hammerhead turnaround at the northerly end of 122nd Avenue SE, the 30-foot wide public right-of-way between 122nd Avenue SE and SE 122nd Place shall be improved with an all weather surface acceptable to the Fire Marshal. The hamrnerhead turnaround shall meet city standards. The existing temporary cul-de-sac turnaround at the northerly end of 122nd Avenue SE may be removed. 4.18. Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within the internal plat road and tracts. 4.19. Fire hydrants must be installed per ACC 13.16.060. 4.20. The calculation and amount of any irnpact fees, including those for roads and parks, paid to King County shall be reported to the City. 4.21. All other applicable City development standards shall be met. B. That a modification to city standards be granted to allow 76 units to access the collector arterial system at 124th Ave SE rather than a maxirnurn of 75. RES 3811 WSC04-0013 1/19/2005 Page 6 -c:.~ C. That staff be directed to write King County a letter expressing the need for a buffer to mitigate headlight glare from northbound traffic accessing the proposed development on the property to the north of 122nd Ave. SE. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions. which apply to the entire Agreement herein. 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards. the rnore restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreernent shall be construed to create any financial obligation on the part of the CITY with regard to annexation. construction of utility facilities and appurtenances. or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications. unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY. at CITY'S option, plan review and approval prior to construction. and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements. and shall reirnburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be rnade unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted. the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. The applicable laws. rules. and regulations of the State of Washington and the CITY shall govern this Agreement. RES 3811 WSC04-0013 1/1912005 Page 7 -- 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indernnify and hold the CITY harrnless from any clairns that any subsequent purchaser may have as a result of this Agreernent, including CITY's attorney fees and costs. 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording. to all parties of interest and future parties of interest. 5.8. In the event that any term. provision, condition. clause or other portion of this Agreernent be held to be inoperative, invalid. void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.9. Upon execution. this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as of this /7rJ.-aay of h' 2005. IT FAU t. I' / .> PETER B. LEWIS MAYOR RES 3811 WSC04-0013 1/19/2005 Page 8 .' ATTEST: ~"~. Oanielle Daskam City Clerk STATE OF WASHINGTON ) ) ss COUNTY OF KING r-f!) ___ On this ::J. 'fi.- day of ~ ÞI1LAb--1r ,2005, before me. the undersigned, a Notary Public inYd for the State of Washington, duly commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. ................,"",\" .......... eKe '" -- ~\"" . . f::: '" --."\,,, ......... ú. '. .: ,,"'<' "'sS\ON ~'é'" <':(' " -/~ .'~ "'..<)/", :A'\/ ~ ...., ';'" '5" \'.: I : ¡"';:'o .~OíAAy ",,::Jj ~ ... '" : () '\ U>::: ~ : 0"'.... : ~ ,. C'- -; .. PU"L' .J : :? -: ,. u ~ ~ II <J'I.I..', ..~o ~ , ~ . 1 '" - " 1''''.....3-29.0..... 0 .: I" (? ......... ",:0/' .:- tt,OFW¡...ST"........ '""",........................... ~p) a rz~~{I¿-~ NAME S-ÞjO),Þhlt: KC.~ ((¿'y , NOTARY PUBLIC in and for the State of Washington, residing at K,'/--'1f C~. MY COMMISSION EXPIRES: t? '3·;.ì"l-o:¡' RES 3811 WSC04-0013 1/20/2005 Page 9 . OWNER: Elmer Y. Hautala u..1·Vk..... P""Oq.l.+ fj2rý1~:iä ~~~~} E mer Y. H tara STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ao"'" day of J/'Ärluavy ,2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Elmer Y. Hautala, the Owner of Hazel View Development, the OWNER that executed the within and foregoing instrument, and acknowledged the said instrurnent to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein rnentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. t(~1/'Vr.4/1 (!¿~ ",\\~\~'ë:'J~~11111 l)f{)¡r)r)C\ r¿ ;J(hì\::;ov\ ,'- _~"" ........... I'J'~A ";,: ~'.;,~..;;;.""OII~·~.vÒ~ (printed Name) :::.:~.,~-_. \.'..þ~ c" ¡ "OTA"y "\ ~ : ¡ :: ~ \ ;;:; i g "",·.OA .. .~, -:.)" ......,. ('\.'1:) 0'- :"'1:'...:::- " '.. 18 ' .".... .~". ;. '" . .." l"'':''..' ? ......... \\'" ,. . F W!\s\l',\'," 1/ /lIII'I' ,. NOTARY PUBLjÇ in and for tt¡ Sfate of Washington, residing at ~\ffi LDWtî . MY COMMISSION' PIRES: In lß-(oÇ' RES 3811 WSC04-0013 1/19/2005 Page 10 · , -- ATTACHMENT A LEGAL DESCRIPTION: ALL LOT 1 OF KC SHORT PLAT #584147 REC.#8502190360 (SAID SHORT PLAT LOCATED IN WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SEC. 9-21-5) TOGETHER WITH LOT 2 OF SAID SHORT PLAT; LESS PORTION LYING WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER THE NORTHWEST OF SEC. 9- 21-5. ALSO KNOWN AS LOT 1 OF KC LLA #870615 REC. #871050307 ................................................................................................................................................ RES 3811 WSC04-0013 1/19/2005 Page 11 ':" '.. "!' ~ .. Return Address: Citv of Auburn Planning DeDt. 25 West Main street Auburn. WA 98001 W SCOO-OOOO Parcel Number(sl 092105-9176 Additionalleaal on Doge 11 1111111 In 11111111111 20060330002420 PACIFIC NU TIT AG 44 00 PAGE001 OF 012 . 03/30/2006 1S:38 KING COUNTY, UA OUTSIDE UTILITY EXTENSION AGREEMENT ~N~\ - 'v..r~i~ . \C}.. (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) @1~3 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Fremantle Development Inc., in its own right and as successor to Elmer Y. Hautala, and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY, having recently closed on the purchase of said property from Elmer Y. Hautala, the former owner. 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be Said <iocument(s) were filed for recot'd by Pacific Northwest Title as aocommodation only. It has not been examined as to proper execcAon er as to ita affect upon title. Approved by Resolution No. 3811 (Revised Agreement) Page 1 '. limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1 .4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170, and shall not be construed as an agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. The OWNER hereby acknowledges the authority of the City to enter into utility extension agreements pursuant to RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170, and as part of the consideration of the City entering into this agreement, and the concessions and accommodations of standards otherwise applicable, the OWNER covenants not to challenge this agreement or the authority under which it was made. The OWNER also hereby acknowledges that neither this Agreement nor the action of the CITY to make and/or approve this Agreement constitutes a land use decision within the meaning and purpose of the land Use Petition Act (lUPA). pursuant to RCW Chapter 36.70C. The concessions and accommodations negotiated by the parties in this Agreement included, but are not limited to: (1) The City's granting of a modification to City standards to allow 76 units to access the collector arterial system at 124th Ave SE rather than a maximum of 75. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY. 1 .8. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires Approved by Resolution No. 3811 (Revised Agreement) Page 2 that such extensions be conditioned on annexation or efforts toward annexation. 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this OUTSIDE UTILITY EXTENSION AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is legally described in Attachment A. attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: Approved by Resolution No. 3811 (Revised Agreement) Page 3 . . 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which Approved by Resolution No. 3811 (Revised Agreement) Page 4 the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROV AL The OWNER, in consideration of the CITY'S agreement to provide water and sewer uHlity services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the following: Approved by Resolution No. 3811 (Revised Agreement) Page 5 '. . 4.1 . A public water line shall be extended through Tract E with an 8-inch diameter pipe and a hydrant shall be installed. 4.2. A public utility easement running northward from Tract E through lot 6 or 7 shall be provided to the City of Auburn to allow for a future water line connection per ACC 13.08.020 and 13.16.090. 4.3. An 8" diameter public sanitary sewer main shall be extended from Auburn's existing Manhole 513-86 to provide service to and through the proposed development to the northern boundary to provide service to the two lots located north of the property. 4.4. Any public utility easements providing access to sanitary sewer manholes shall be provided with a proper all weather surface that will support the City cleaning vehicles. 4.5. Gravity sewer service shall be provided wherever possible to avoid the need for individual grinder pumps as determined by the City Engineer. 4.6. Service is subject to payment of City of Auburn connection charges (including payback charges) and dedication of all required public utility easements. 4.7. The storm drainage system shall be constructed to City of Auburn Standards. 4.8. A half-street improvements meeting City of Auburn standards shall be constructed off-site from the proposed development to 122nd A venue SE (in Kingsley Meadows). The half street improvement shall be comprised of 24 feet of ACP and curb gutter and sidewalk on the south side to allow for two-way travel. 4.9. SE 305th Place shall be redesigned to eliminate the pinch point in the vicinity of Lot 20. 4.10. The sidewalk on the south side of 304th PI. shall be designed to abut the property line 4.11. To ensure that traffic flows are safely separated, lanes on SE 305th Place into the plat shall be marked with permanent buttons or thermoplastic to the satisfaction of the City Engineer. A guarantee that the lane markings will be maintained shall be provided. Approved by Resolution No. 3811 (Revised Agreement) Page 6 4.12. To prevent general traffic from circulating east of the 122nd Place SE and SE 305th Place intersection to SE 304th Street, a barricade shall be placed immediately east of the intersection of SE 305th Place and 122nd Ave SE. The barricade shall be designed to the satisfaction of the Fire Marshall so that it does not interfere with providing secondary emergency access to Hazel View. 4.13. A direct pedestrian connection either north to SE 304th Street or west to Hazelwood Elementary (if the school district concurs) shall be provided. 4.14. Street lights shall be provided to City standards. 4.15. All access tracts shall be designed to City standards for width and improvement. 4.16. To provide for the future extension of a street from the subject property to SE 304th Street (across from 121 st Place SE), a 30 foot wide half-street improvement meeting city standards shall be constructed along the subject property's east property line, between SE 305th Place and the subject property's north property line. 4.17. To provide for an emergency second access (to and from 122nd Place SE to SE 304th Street), as well as to provide for a hammerhead turnaround at the northerly end of 122nd Avenue Sf. the 30-foot wide public right-of-way between 122nd Avenue SE and SE 122nd Place shall be improved with an all weather surface acceptable to the Fire Marshal. The hammerhead turnaround shall meet city standards. The existing temporary cul-de-sac turnaround at the northerly end of 122nd Avenue SE may be removed. 4.18. Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within the internal plat road and tracts. 4.19. Fire hydrants must be installed per ACC 13.16.060. 4.20. The calculation and amount of any impact fees, including those for roads and parks, paid to King County shall be reported to the City. 4.21. All other applicable City development standards shall be met. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. Approved by Resolution No, 3811 (Revised Agreement) Page 7 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built. regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this OUTSIDE UTILITY EXTENSION AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that any subsequent purchaser may have as a result of this Agreement. including CITY's attorney fees and costs. 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified Approved by Resolution No. 3811 (Revised Agreement) Page 8 mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable, PROVIDED that the extension of utility services by the CITY is expressly conditioned upon the OWNER and DEVELOPER making the improvements to the PROPERTY in accordance with the standards described herein; and failure of the OWNER and DEVELOPER to do so as promised shall terminate any responsibility on the CITY's part to provide such utility services. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHERE~, the O~NERf and the CITY hereto have executed this Agreement as of this J-7 day of, _ftL-~~ ,200-f. ..----"' Peter 8. Lewis, Mayor Attest: Approved by Resolution No. 3811 (Revised Agreement) Page 9 " ' ,"' u4!;:a/IJaJkJ ................,'\\,,\\\ ........ ~\E K.C II", -- ~~ ....... . ~~ " .: ~ ...~SSION ~.t" ~ " :JP..~~ ~...~'~ ; CI) :'0 ~OTAAy ~'.. ':)J ~ ~:Q Ul: ~ tI. . CIIJIo.... . " ~ : : : ~ (J) ". PUBUC .: ~ 1 '~ ;.A ". ." 0 ,: I, "1~ .....3-29-01..... S- _: I, ~ .......... ~ _ "~'I Of: WASv..'\ ........- "\\,,,\ ....................... ~r4 '" n5)~i! tJ l>-J CS'h,'johCthJ'c/ k. C. hulcr (printe'd Name) NOTARY PUBLIC in and for the State of Washington, residing at ;k't. ;'l[.{.-- Co . MY COMMISSION EXPIRES: (J 03"..:l '1.07 Approved by Resolution No. 3811 (Revised Agreement) Page 10 ,', Owner, Fremantle Development Inc. 0;)~ By Dennis Johnson fr~5 . STATE OF WASHINGTON ) ) ss ) day of UbuuIw)_ the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dennis Johnson on behalf of the OWNER that executed the within and foregoing instrument. and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. COUNTY OF KING II) On this , 20061 before me, """""'1', ,'....~~NDy ~", ~ ~ ,,,\\\\\., ~ '1, .::: ,~ """s\ON lit, 'l'..t\ '/' :: U .-::-' ~'O ~...'::'".r:t\. ~ - .... :-~~ oTA", ~', ~ ~ ; ::!; 0 + ~ ~~ Z ~ ~ ~!U ~._ ~~ ~ ~ ~ ~ ~ "'- ~ - ,., ~ ~ ~ .oll \c, E ~ - ~ ~ ~ 1 8\,; i1 :- 0 :: '/, ..,,.'1/11'-10.0 $" = ''I' "A /,,' ,",'" r. - /"' 11111\\\""" ~v .::::- IIII,O~ WAS~'I. ..........$" "1\\\\\\\\"" ~,~(~j : " Cc / ''I) .' )'~h (Printed Name) NOTARY PUBLIC in a"Pd~ jhe" rJ Stqtr nOf Washington, residing at . ff~ nU MY COMMISSION EXPIRE: - ).-; Approved by Resolution No. 3811 (Revised Agreement) Page 11 .':- .~ : ~ ATTACHMENT A LEGAL DESCRIPTION: All lOT 1 OF KC SHORT PLAT #584147 REC.#8502190360 (SAID SHORT PLAT lOCATED IN WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SEC. 9-21-5) TOGETHER WITH lOT 2 OF SAID SHORT PLAT; LESS PORTION LYING WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER THE NORTHWEST OF SEC. 9- 21-5. ALSO KNOWN AS lOT 1 OF KC llA #870615 REC. #871 050307 Approved by Resolution No. 3811 (Revised Agreement) Page 12