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RESOLUTION NO. 3918
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN OUTSIDE UTILITY EXTENSION AGREEMENT
BETWEEN THE CITY OF AUBURN AND JERRY AND MICHELE
WILSON AND CORY MARTIN/RON FERN LEY, PACIFIC WEST
DEVELOPMENT LLC FOR EXTENSION OF WATER AND SEWER
SERVICES TO PROPERTY LOCATED AT 30302 124th AVENUE SE (NE
CORNER OF 124th AVENUE SE AND SE 304th STREET)
WHEREAS, pursuant to RCW 35.67.310, RCW 35.91.020 and RCW
35.92.170, cities are authorized to enter into agreements to extend utilities to
property outside the corporate limits of the City, and to develop projects whereby,
pursuant to negotiated agreements, 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, Jerry and Michele Wilson (Owners) and Cory Martin/Ron
Fernley, Pacific West Development, LLC have a project for which water and sewer
services are needed, the location of which is 30302 124th Avenue SE (NE corner
of 124th Avenue SE and SE 304lh Street); and
WHEREAS, it is advantageous for the City and the Developer to reach
agreement on the conditions and applicable standards so that the development
requirements can be planned with certainty, not only as to the more immediate
Resolution NO.3918
September 21, 2005
Page 1
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 City's Outside Utility Extension Agreement
would be able to assure such consistency, while at the same time fixing
requirements for future planned phases; and,
WHEREAS, pursuant to Section 14.18.020 et seq. of the City Code and, a
public hearing before the Auburn City Council Planning and Community
Development Committee was held on the 26th day of September, 2005, on the
proposed Outside Utility Extension Agreement, at which public hearing those
persons wishing 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 an Outside Utility Extension Agreement with Jerry and Michele Wilson
(Owners) and Cory Martin / Ron Fernley, Pacific West Development LLC for
extension of water and sewer services to the development property located at
30302 124lh Avenue SE (NE corner of 124lh Avenue SE and SE 304lh Street)
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
Resolution NO.3918
September 21, 2005
Page 2
Jerry and Michele Wilson (Owners) and Cory Martin/Ron Fernley, Pacific West
Development, LLC for the extension of water and sewer services to property
located at 30302 124th Avenue SE (NE Corner of 124lh Avenue SE and SE 304lh
Street), 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.
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 outside utility extension agreement with the real
property records of King County, Washington, applicable City codes.
Section 3. This resolution shall be in full force and affect upon passage
and signatures hereon.
. 3d
DATED and SIGNED thiS _ day of
o L- f" he-r
,200 6.
--'
.--:-
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PET R B. LEWIS
MAYOR
Resolution NO.3918
September 21, 2005
Page 3
ATTEST:
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City Clerk
Resolution NO.3918
September 21, 2005
Page 4
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AFTER RECORDING MAIL TO:
Name City of Aubum - Planniog Dept.
11111111111111111111
~~~~It~~J90~~J32
10/19/2005 13'42
KUIG COUNTY, U~
Address
25 West Main Street
City/State
Auburn, WA 98001
Document Title(s): (or transactions contaioed therein)
1. Outside Utility Extension Agreement
2.
3.
4.
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t!tr7 - 22~{?(fiJ
First American Title
lnsurance Company
Reference Number(s) of Documents assigned or released:
(this space for title company use only)
~ J Additional numbers on page _ of document
Grantor(s): (Last name first, then first name and initials)
1. City of Auburn
2.
3.
4.
5. : Additional names on page _ of document
This instrument filed for record by
First Amorican Title Insurance Company
As an accommodation only, it has not
Been examil1tH.1 as to its execution or
As to its effect upon the title
Grantee(s): (Last name first, then first name and initials)
1. Wilson, Jerry
2. Wilson, Michele
3. Pacific West Development, LLC
4.
5. :] Additional names on page ~ of document
Abbreviated Legal Description as follows: (i.e. lotlblock/plat or section/towuship/range/quarter/quarter)
SWJ/4 SEJ/4 Sec 4, T2IN, R5E
Complete legal description is on page _ of document
Assessor's Property Tax ParceVAccount Number(s):
042105-9013
NOTE: The auditor/recorder will rely on the information on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
RECORDPA
Return Address: City of Auburn
Plannina DeDt. 25 West Main Street
Auburn, WA 98001
WSC04-D029
Parcel Number{s) 042105-9013
Additionalleaal on Daae 11
OUTSIDE UTILITY EXTENSION AGREEMENT
(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 Jerry
and Michele Wilson, and Cory Martin / Ron Fernley, Pacific West Development,
LLC 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.
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
limited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
RES 3918
WSC04-0029
September 9, 2005
Page 1
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:
. Zoning and land use standards with respect to lot sizes and dimensions.
. Auburn standard requires 15-foot wide storm pond access road. The
proposal is a width of 12 feet.
. Auburn standard requires a security fence to be placed around the
perimeter of the storm pond at the 10-year elevation. The proposal
places it near the maximum water level (1 OO-year).
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
RES 3918
WSC04-0029
September 9, 2005
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 hereby described as follows: Generally the SE corner of 124th
Avenue SE and SE 304th Street.
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:
RES 3918
WSC04-0029
September 9, 2005rPage 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
RES 3918
WSC04-0029
September 9, 2005
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 contraeled 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-fael 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 ael which the OWNER
may do with respeel to the annexation of said real property. The CITY may
exercise this power through its City Clerk or otherwise as the CITY COUNCIL may
direel. 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 affeeled 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 distriel 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 distriel which
includes the PROPERTY affeeled by this agreement.
4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF
APPROY 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:
4.1. Water. The development shall construel a minimum eight-inch diameter
water main to serve all lots within the plat.
RES 3918
W SC04-0029
September 9, 2005
Page 5
4.2. Sewer. The sanitary sewer main shall be extended along SE 304th Street to
serve the parcel just east of the proposed development. Service is subject to
connection charges and easements. (As a matter of information, the extension
of sewer service across the full width of the property may be satisfied if the sewer
line is extended 105 feet north and parallel to the south property line.)
4.3. Storm Drainage. Storm drainage facilities shall be constructed in
accordance with the City of Auburn Design and Construction Standards. This
includes, but is not limited to:
. Extension of a storm line located within proposed Road A to the east
property line for future development to the east.
. Separate access to each individual pond cell, with an electrical power
conduit extended to the proposed pond.
. Landscaping, side slopes and setbacks in accordance with City of Auburn
standards.
4.4. Streets/Traffic
4.4 a.124th Avenue SE
. A 12-foot right-of-way dedication is required along the full extent of the
subject property's 124th Avenue SE street frontage.
. Half street improvements are required to County standards for an urban
minor arterial, including curb, gutter, sidewalk, drainage and street
lighting.
4.4 b. SE 304fh Street
. A 12-foot right-of-way dedication is required along the full extent of the
subject property's SE 304th Street frontage.
. Half street improvements are required to County standards for an urban
minor arterial, including curb, gutter, sidewalk, drainage and street
lighting.
4.4 c. 124th Avenue SE and 304th Avenue SE
. Direct lot access to 124th Avenue SE and 304fh Avenue SE shall be
prohibited.
4.4 d. Roads A and B
RES 3918
WSC04-0029
September 9, 2005
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. Full street improvements are required on Road A and Road B to City of
Auburn standards for a local residential road. 50 feet of right-of-way is
required.
. City of Auburn Design and Construction Standards (D&CS) section
10.02.5.2 states that all dead end streets shall end in either a temporary or
permanent cul-de-sac. A temporary cul-de-sac shall therefore be
provided at the east end of Road A. D&CS section 10.02.5.2.1 requires a
minimum cul-de-sac diameter of 65 feet.
. A sign shall be posted to indicate that Road A (with the temporary cul-de-
sac turnaround) is planned to be extended in the future. A Type 3
barricade, acceptable to the City of Auburn, shall be installed at the end
of the road.
4.4 e. Access Tracts
. Access tracts shall be built to city standards for length, width and
improvement in accordance with ACC 18.48.130.
4.5. Fire.
. Roads A and B shall be posted on one side as fire lanes per Auburn City
Code Section 10.36.175 in order to maintain a 20 foot fire access as
required by the International Fire Code.
. Tracts C and D will be posted on both sides as a fire lane per ACC
10.36.175.
4.6. Other.
. Street lights shall be provided in accordance with City code.
. The calculation and amount of any impact fees, including those for roads
and parks, paid to King County shall be reported to the City.
. All other applicable City development standards shall be complied with.
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 more restrictive standards as determined by the CITY shall apply.
RES 3918
WSC04-0029
September 9, 2005
Page 7
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 Agreernent.
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
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.
RES 3918
WSC04-0029
September 9, 2005
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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 _9--'2,d the CITY hereto have executed this
Agreement as of this ~day of 1J{~u, 2005.
CITY OF AUBURN
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----- -,
PET R B. LEWIS
MA YOR
11~~
Danlelle Daskam
City Clerk
RES 3918
WSC04-0029
September 9,2005
Page 9
STATE OF WASHINGTON
)
) ss
COUNTY OF KING )
On this Eff'- day of f!20$,brl ,2005, before me,
the undersigned, a Notary Public in and 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.
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RES 3918
W SC04-0029
September 9, 2005
Page 10
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STATE OF WASHINGTON
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COUNTY OF KING )
On this /3 ~ day of ~ , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Jerry and Michele Wilson the OWNERS
that executed the within and foregoing instrurnent, and acknowledged the said
instrurnent to be the free and voluntary act and deed of said OWNERS, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute
said instrument on behalf of said OWNERS.
IN WITNESS WHEREOF, I have hereunto set rny hand and affixed my official seal
on the date hereinabove set forth.
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RES 3918
WSC04-0029
September 9,2005
Page 11
Cor Martin
?--~C' - -- /.?r
Ron Fernley
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this I<;J~ day of t!\::-lV Q,-E12. , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Corey Martin ond Ron Fernley the
Representatives of Pacific West Development, LLC that executed the within and
foregoing instrument. and acknowledged the said instrument to be the free and
voluntary act and deed of said Representatives, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute said instrument on
behalf of said OWNERS.
IN WITNESS WHEREOF, I hav
on the date hereinabove set forth.
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RES 3918
WSC04-0029
September 9, 2005
Page 12
ATTACHMENT A
LEGAL DESCRIPTION:
The property is approximately 5.75 acres located generally at the northeast
corner of 124 Avenue SE and SE 304th Street. This property is in the South Yo of the
SW ';' of the SE ';' of Section 4, Township 21 N, Range 5 E, less the east 889.75 feet
and less the county road. The Parcel Number is 042105-9013.
............................................................................................................................................
RES 3918
WSC04-0029
September 9, 2005
Page 13