HomeMy WebLinkAbout4023RESOLUTION NO. 4023
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 LARRY
MILLER FOR EXTENSION OF WATER AND SEWER SERVICES
TO PROPERTY LOCATED AT 12813 SE 312T" 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. Don Leabo, Greenridge Homes has a development
project for which water and sewer services are needed, the location of which is
12813 SE 312th 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. 4023
May 4, 2006
Page 1
WHEREAS, state law requires that such projects be consistent with
current local regulatory requirements, and the City's Outside Utitity 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 8th day of May 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 Larry Miller,
property owner, for extension of water and sewer services to the development
property located at 12813 SE 312T" 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 Larry Miller for the extension of water and sewer services to property
located at 12813 SE 312T" Street, which agreement shall be in substantial
Resolution No. 4023
May 4, 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 ~c~~~ , 2006.
CITY OF AUBURN
P R B. LEWIS
MA OR
Resolution No. 4023
May 4, 2006
Page 3
ATTEST:
~'.
Dani e E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 4023
May 4, 2006
Page 4
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Additional reference #'s on page of document ~
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Additional names on page . of documen~ ~
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Additional legat is on page ~of documenL •
Assessor's Property Taz ParceVAccount Number ^ Assessor Tax # not yet assigned
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The AuditodRecordu will rely on the information provided on the form. The stat~'will not read the document to
veri the accura or com leteness of the indexin inforntation rovided herein.
I.am requesting an emergency nonstandard recording tor an actdiuonai tee as proviaea ~n n~ ~
36.18.010. I understand that the recording processing requirements may cover up or otherwise -
obscure some part of the text ofthe original document. ~ ~
Signature of Requesting Party
Return Address: City of Auburn
Plannina Dept. 25 West Main Street
Auburn, WP, 98001
Application No. WSC04-0019
Parcel Number(J 092105-9174
Additional leaal on pacae 12
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 Don
Leabo, 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 4023
WSC04-0019
May 10, 2006
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:
1. The development will not be required to dedicate additional riqht of wav on
SE 312th Street as the existinq riaht-of-way exceeds city standards, nor will the
proposal be reauired to build a half street improvement on this frontage to a
lesser riqht-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 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 4023
WSC04-0019
May 10, 2006
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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.
l.l l. 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: 12813 SE 312+h 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 4023
WSC04-0019
May 10, 2006
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
RES 4023
WSC04-0019
May 10, 2006
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
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
RES 4023
WSC04-0019
May 10, 2006
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• The applicant shali abandon the on-site well in accordance with
Washington State Dept of Ecology guidelines for decommissioning of a
well as detailed in WAC 173-160-381. All existing water rights shali be
transferred to the City of Auburn. (ACC 13.06.150)
• Prior to final plat extend water main to eastern property line in road B.
4.2. Sewer
• The applicant shall extend the public sanitary sewer main to the
proposed lots. A Public sanitary sewer line currently exists along the
west property line. This public sanitary sewer line will need to remain
and access needs to be established to the manholes established
along this system.
• If the Applicant desires to run side sewers directly into the existing
western line he may do so for those homes adjacent to the line. For
other parcels being created the developer will be required to extend
an 8" public sewer line, within easements or the public right of way.
• All-weather maintenance roads shall be provided within the public
sanitary sewer utility easements to allow access to manholes located
outside of the paved roadway.
4,3. Storm Drainaqe
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. Specificaliy, this development shall:
• Provide direct maintenance access to all storm pond inlet and
outlet structures.
• Access to the storm pond shall be provided directly from an
approved right-of-way meeting maintenance equipment slope and
turning radius requirements.
• Separate access to each individual pond cell is required.
• A landscaping plan is required for review and approval by the City
of Auburn to meet aesthetic requirements.
• Electricai power conduit shall be provided to the proposed pond.
4.4 Traffic
• Construct the subject property's frontage on SE 312th Street to
county standards for an urban minor arterial. (SE 312th Street
currently has sufficient right of way to center line to meet the King
County road standard of 42 feet to centerline for an urban minor
RES 4023
WSC04-0019
May 10, 2006
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arteriai. The current right of way width would exceed what is
required for the City of Auburn standard for a minor arterial. No
additional right of way is required to satisfy City standards.)
• The internal roads shall be constructed to city of Auburn standards
for a local residential road requiring a 50 foot wide right of way.
• Sight distance triangles shall be dedicated as right of way.
• No direct lot access to/from SE 312th Street shall be permitted.
• Street lights shall be provided in accordance with City standards.
• Access tracts shall meet city of Auburn standards for improvement
and width.
4.5. Fire
• 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.O60M).
•"No Parking this side" signs, in accordance with City of Auburn
standard details, shall be installed prior to occupancy of structures
on the site. Failure to provide the no parking signs will result in the
street being declared a Fire Lane, and additional signage and
painting will be required to meet Auburn City Code 10.36.075, Fire
Lanes marking. The placement of "No parking" signage in the cul-
de-sac shall be determined by the City Fire Marshal.
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 public facility 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
RES 4023
WSC04-0019
May 10, 2006
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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
harmiess 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.
RES 4023
WSC04-0019
May 10, 2006
Page 8
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, tt,h~e OWNER and the CITY hereto have executed this
Agreement as of this ~ day of , 2006.
RES 4023
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May 10, 2006
Page 9
PETER B. LEWIS
MAYOR
ATTEST:
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Danielle Daskam
City Clerk
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COUNTY OF KING ) C ~._
On this ~~~" day of ~r l~ , 2006, before me,
the undersigned, a Notary Public in and for the S ate 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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NOTARY PUBLIC in and for the State of
Washington, residing at i~ l'~-- •
MY COMMISSION EXPIRES: l~3 ~ ~ ~~
RES 4023
WSC04-0019
May 10, 2006
Page 10
STATE OF WASHINGTON ~
Owner :
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Larry D. '
STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this ~ day of , 2006, before me,
the undersigned, a Notary Public in an for the State of Washington, duly
commissioned and sworn, personally appeared Larry D. Miller 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. •
~_ ,~~~~
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(Printed Name)
NOTARY PUBLI in and f r the State of Washington,
residing at ~ ~~~/ .~5~~~
MY COMMISSION EXPIRES: ~ 1~ ,~OG~
CAPR[CE R. GIARDINA
Notary Public - Notary Seal
STATE OF MtSSOURi
Camden Counry
Comm~ssion il 05405886
My Comm~sgion ~x~iree: April 1 S, 2009
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RES 4023
WSC04-0019
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Page 11
ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NO. 092105-9174
A PORTION OF THE SE QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5
EAST.
LOT 1, KING COUNTY SHORT PLAT NO. 876007, RECORDED UNDER RECORDING
NUMBER 7703220840, RECORDS OF KING COUNTY, WA
RES 4023
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