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RESOLUTION NO.3 9 5 8
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 FRANK BOCCAMAZZO
(OWNER) FOR THE EXTENSION OF WATER AND SEWER SERVICES
TO PROPERTY GENERALLY LOCATED AT 30313 118TH AVENUE SE
(INTERSECTION OF 118th 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, Mr. Frank Boccamazzo (owner), has a development project for
which water and sewer services are needed, the location of which is 30313 118th
Avenue SE (King County Assessor's Parcel Number 7867000006); and,
WHEREAS, it is advantageous for the City and the Owner 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 portions of the project, but
also as to later planned phases, if any, and as to the types of improvements that will be
built; and,
Resolution No. 3958
December 5, 2005
Page 1
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, a public
hearing before the Auburn City Council Planning and Community Development
Committee was held on the 12th day of December, 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 Mr. Frank Boccamazzo (Owner), for
extension of water and sewer services to the development property located at 30313
118th Avenue SE (intersection of 118th Avenue SE and SE 304th 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 Mr. Frank
Boccamazzo (Owner) for the extension of water and sewer services to property located
at 30313 118th Avenue SE (intersection of 118th Avenue SE and SE 304th Street),
Resolution No. 3958
December 5, 2005
Page 2
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.
DATED and SIGNED this \C\~ day of .\J~ (0"\1\ \?-€V
CIT
,2005-.
.-----l
PET R B. LEWIS
MAYOR
ATTEST:
, 9
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Da lie E. Daskam,
City Clerk
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Resolution No. 3958
December 5, 2005
Page 3
CONFORMED COpy
Return Address: Citv of Auburn
Plannino Dept. 25 West Main Stre,
Auburn, WA 98001
WSC04-0021
Parcel Number(sl 786700-0006
Additionolleoal on paoe 11
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________COUNTY, U~
OUTSIDE UTILITY EXTENSION AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF
COVENANT)
The east 145 feet of Lot 1, Sound Trustee Company's Third Addition, accordino to
the Plat therefore recorded in Volume 13 of Plats, Paoe 100, in Kino County,
Washinoton: except the north 20 feet thereof.
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to os "CITY" and
FRANK R AND JEANETTE H BOCCAMAZZO, 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.
RES 3958
WSC04-0021
December 7, 2005
Page 1
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.
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 coyenants 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:
Sinqle family residential infiltration is required for new lots for storm
drainaqe. Adherence to Kinq County standards is acceptable to the City.
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
os a prerequisite for the extension of utility service outside the corporate limits of
the CITY.
RES 3958
WSC04-0021
December 7,2005
Page 2
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
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: North of 30313 118th 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.
RES 3958
WSc04-0021
December 7,2005
Page 3
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 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.
RES 3958
WSC04-0021
December 7, 2005
Page 4
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
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 ut 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
RES 3958
WSC04-0021
Decem ber 7, 2005
Page 5
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 A total of 7.5 feet of right of way shall be dedicated along the
property's frontage on 118th Avenue SE (to allow the existing right of way of 40
feet to be expanded to city standards for a residential collector road).
4.2. Street improvements on 118th Avenue SE are required in accordance
with City standards. The City will recommend to King County that the street
improvement to 118th Avenue SE be deferred.
4.3. Street improvements on SE 304th Street are required in accordance
with City standards. The City will recommend to King County that the street
improvement to SE 304th Street be deferred.
4.4. If determined to be needed by the King County traffic engineer a
landing area shall be constructed at the intersection of 118th Avenue SE and SE
304th Street to serve the crossing pedestrian crossing on SE 304th Street.
4.5. The calculation and amount of any impact fees, including those for
roads and parks, paid to King County shall be reported to the City.
4.6. 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.
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
RES 3958
WSC04,0021
December 7, 2005
Page 6
consistent with CITY plans and specifications, unless otherwise agreed by the
CITY.
5.3. The OWNER agrees to allow CITY, ot 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 oction 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
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,
RES 3958
WSC04-0021
December 7. 2005
Page 7
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 os 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, t~e OWNER and the CITY hereto have executed this
Agreement as of this ~day of j{Juu.1t;....< 2005.
CITY OF AUBURN
~
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-..---
PETER B. LEWIS
MAYOR
RES 3958
WSC04-0021
December 7. 2005
Page 8
ATTEST:
A42j;;1I [;;a~~,-
'Danielle Daskam
City Clerk
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COUNTY OF KING ) ,f)
On this ~Iv! dayaf r4/f{l-l:--IY1b "'"-1 ,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 thot 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 seol on the
date hereinabove set forth. ~,.: _/! b~.
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STATE OF WASHINGTON
NOTARY PUBLIC in and for the State of
Washington. residing at KL ^1/ Cv .
MY COMMISSION EXPIRES: 0 .2,."1 tR--
RES 3958
WSC04-0021
December 7, 2005
Page 9
Owner (s):
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Frank R. Boccamazzo
c:f"'-'~ At:&-t'/~
eanette H. Boccamazzo
STATE OF WASHINGTON
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COUNTY OF KING )
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On this /I (..A day of {!U / /t>.. ~ lA../'-'" , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Frank R. and Jeanette H. Boccamazzo
the OWNERS that executed the within and foregoing instrument. and acknowledged
the said instrument to be the free and voluntary act and deed of said OWNERS, for the
uses and purposes therein mentioned, and on ooth stated that they are authorized to
execute said instrument on behalf of said OWNERS.
IN WITNESS WHEREOF, I have hereunto set my hand and offixed rny official seal
on the date hereinabove set forth.
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NOTARY PUBLIC in and for the tate of Washington.
residing at I:> . .. - U fLY-'j .
MY COMMISSI N EXPIRES: j (. j/j -- / >
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RES 3958
WSC04-0021
December 7, 2005
Page 10
ATTACHMENT A
LEGAL DESCRIPTION: Parcel Number 786700-0006
The east 145 feet of Lot 1, Sound Trustee Company's Third Addition, accordinq to
the Plat therefore recorded in Volume 13 of Plats, Paqe 100, in Kinq County,
Washinqton: except the north 20 teet thereof.
.....................................................,..........................................................................................
RES 3958
WSC04-0021
December 7.2005
Page 11
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