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RESOLUTION NO. 4017
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 KARNAIL
SINGH FOR EXTENSION OF WATER AND SEWER SERVICES
TO PROPERTY LOCATED AT 12017 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. Karnail Singh, has a development project for which
water and sewer services are needed, the location of which is 12017 SE 304TH
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
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. 4017
April 27,2006
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 and,
a public hearing before the Auburn City Council Planning and Community
Development Committee was held on the 24th day of April, 2006, on the
proposed Outside Utility Extension 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 an Outside Utility Extension Agreement with Karnail Singh,
property owner, for extension of water and sewer services to the development
property located at 12017 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 Karnail Singh for the extension of water and sewer services to property
located at 12017 SE 304TH Street, which agreement shall be in substantial
Resolution No. 4017
April 27,2006
Page 2
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 /'::--- day of ~
,2006.
~
PETER B. LEWIS
MAYOR
Resolution No. 4017
April 27, 2006
Page 3
ATTEST:
!lfiJ&ll JJa~
Danielle E. Daskam,
City Clerk
Resolution No. 4017
April 27,2006
Page 4
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CONFORMED COpy
Return Address: City of Auburn
Planning Dept. 25 West Main street
Auburn, WA 98001
WSC04-0030
Parcel Number{s) 092105-9077. )
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20060518001473
SEATAC CREST I AG 42.00
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KING COUNTY, UA
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
Karnail Singh, 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 de~lare 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 Short 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.
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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 (LUP A), 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 development will not be required to dedicate additional right of way as
the existing right-of-way exceeds city standards, nor will the proposal be
required to build a half street improvement to a lesser right-of-way width just to
exactly meet city standards.
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 SEP A.
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
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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: located at 12017 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:
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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
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May 1, 2006
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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 A Horney 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:
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4.1. . Water. The applicant shall be required to extend an existing
eight (8) inch waterline southerly from 304th Street SE to the south
property line. No additional extension of the public system required.
Easements will be required
4.2. . Sewer. The applicant shall extend the existing sanitary sewer
main west from an existing manhole located on 304th Street SE as
depicted on the site plan dated 3-21-06 to serve the subject
property and proposed lots. Connection charges and easements
will be required
4.3. Storm Drainaae.
This development is located within the future annexation area for
the City of Auburn; therefore as a condition of water and sewer
availability, the development shall design all storm drainage
facilities to City of Auburn Design and Construction Standards.
4.4. Traffic
· No direct residential access from individual lots shall be
permitted to SE 304th Street.
· The development will be required to complete a half street
improvement to City standards for a non-residential collector
road per ACC 12.64. No additional right of way dedication is
required.
· On street parking shall be prohibited in Tract B.
4.5. Fire
· The entry road (Tract B) into the proposed plat shall be posted
as a fire lane in accordance with ACC 10.36.175.
· Tract B shall have a minimum 65-foot diameter cul-de-sac
turnaround.
· Fire hydrants shall be provided as necessary to maintain the
city standard of a maximum distance of 600 feet between
hydrants (Auburn City Code 13.16.060M).
4.6. Other
· 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.
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
RES 4017
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May 1, 2006
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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,
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'le OWNER and the CITY hereto have executed this
Agreement as of this~ day Of~, 2006.
c;;.
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Page 8
MA YOR
ATTEST:
;~Dt2t~ ~~/'--/
Dani8lle Daskam
City Clerk
STATE OF WASHINGTON )
) ss
COUNTY OF KING ) -
On this cY..t'l~ day of '--?7J tZ.L~ , 2006, before me,
the undersigned, a Notary Public in and for the Sta~f 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 4017
WSC04-0030
May 1, 2006
Page 9
\J1Fr4aM/~. k.C?, ~/Icr
()n NAME ~
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NOTARY PUBLIC in and for the State of /
Washington, residing at /::./Jt~ C-l?-'
MY COMMISSION EXPIRES: /./-::; 'J? . Or
Owner (S):~
Karnall Sin '.
STATE OF WASHINGTON. )
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COUNTY OF KING ~ )
On this / t day of '-n1. uA...- , 2006, before me,
the undersigned, ~ Notary Public in and for th;;gte of Washington, duly
commissioned and sworn, personally appeared Karnail Singh 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 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~ JWa;f)
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MY COMMISSION EXPIRES: JiM:, tf ~ 01) ~ .
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Page 10
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ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NO. 092105-9077
STR 092105 TAX LOT 77 LOT 2 OF KING COUNTY SHORT PLAT NO. 686076
RECORDING NO. 8610290551 SD SHORT PLAT DAT-N
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