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HomeMy WebLinkAbout4059RESOLUTION NO. 4059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FOURTH AMENDMENT TO THE LAKELAND ANNEXATION AND UTILITIES AGREEMENT BETWEEN THE CITY AND EVERGREEN TUCCI PARTNERS, LLC., TO APPLY ALL PROVISIONS OF THE AGREEMENT TO LANDS ADDED TO THE ORIGINAL LAKELAND HILLS PLANNED UNIT DEVELOPMENT. WHEREAS, the CITY and THE LAKELAND COMPANY, INC., entered into the Lakeland Annexation and Utilities Agreement in June 1996, which agreement was approved by the Auburn City Council under Ordinance 4867; and WHEREAS, the Lakeland Annexation and Utilities Agreement was amended in May 1998, which Amendment to the Lakeland Annexation and Utilities Agreement was approved by the Auburn City Council under Resolution 2995; and WHEREAS, the Lakeland Annexation and Utilities Agreement was further amended in September 2000, which Amendment to the Lakeland Annexation and Utilities Agreement was approved by the Auburn City Council under Resolution 3250; and WHEREAS, the Lakeland Annexation and Utilities Agreement was further amended in September 2005, which Amendment to the Lakeland Annexation and Utilities Agreement was approved by the Auburn City Council under Resolution 3902; and Resolution No. 4059 August 1, 2006 Page 1 WHEREAS, since that time, Lakeland East, LLC, an affiliated entity of Evergreen Tucci Partners, LLC, has acquired two parcels totaling approx. 3.37 acres in area that were not part of the historic Lakeland Hills South Planned Unit Development or subject to the Lakeland Annexation and Utilities Agreement; and WHEREAS, earlier this year, the City of Auburn Planning Director approved a minor amendment to the Final Development Plan for the Lakeland Hills South Planned Unit Development, incorporating the two parcels in questions; and WHEREAS, on May 11, 2006, the Auburn City Council approved Ordinance 6028 authorizing amendments to the Final Development Plan for the Lakeland Hills South Planned Unit Development, which included the two parcels in question; and WHEREAS, Evergreen Tucci Partners, LLC has agreed to provide for the payment of traffic and fire impact fees at the Lakeland Hills rate for the additional properties brought into the Lakeland Hills South PUD; and WHEREAS, Evergreen Tucci Partners, LLC has resolved outstanding parks improvement issues to the satisfaction of the City of Auburn Parks and Recreation Director; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Resolution No. 4059 August 1, 2006 Page 2 Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute the Fourth Amendment to the Lakeland Annexation and Utilities Agreement with Evergreen Tucci Partners, LLC. A copy of said Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this -- *t, day of August, 2006. PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 4059 August 1, 2006 Page 3 uaniel Hela, uny Htiorney r FILED BY PNWT ?-zi - yob-] - ?Q Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 !Nirm1E1 1111 n1 IE? 111 u?1uiiinru# 200810090349 11 PGS 1010912009 1:1,S?12.11 PIERCE COUNTY: A INGTON_____ RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 6 Fourth Amendment to Lakeland Annexation and Utilities Agreement Reference Number(s) of Documents assigned or released: ?Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. Evergreen Tucci Partners LLC 2. Lakeland East LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north half of the southwest quarter of the southeast quarter of the southwest quarter of Section 5, TWP 20 North Range 5 East ® Additional legal is on page 8 of document. 4ssessor's Property Tax Parcel/Account Number 520056015,0520053036,0520052039 Assessor Tax # not yet assigned Said document(s)1400K110 for record by pacific NOnhwest Title ii accommodation only. It haS not been examined as to proper execution of as q ne elteCt uPOP tMe. sca FOURTH AMENDMENT TO LAKELAND ANNEXATION AND UTILITIES AGREEMENT This Agreement is entered into this ? day of 01l 2006 by and between the CITY OF AUBURN, a municipal corporation rganized under RCW 35A, Optional Municipal Code, hereinafter referred to as "CITY" and EVERGREEN TUCCI PARTNERS LLC, the successor to THE LAKELAND COMPANY INC., and LAKELAND EAST, LLC, a Washington limited liability corporation, an affiliated entity, their respective heirs, successors and assigns, and all related entities and/or owners jointly and severally and their marital communities, including all parties that have an interest in the property affected by the Fourth Amendment to the Lakeland Annexation and Utilities Agreement, whose address is 1302-B Puyallup Street, Sumner, Washington 98390, herein referred to as "ETP". WHEREAS, the Lakeland Hills South Planned Unit Development has historically included approximately 685-acres of land for the development of a mixed use planned community consisting of not more than 3,408 dwelling units; and WHEREAS a 77-acre expansion to the area of the PUD was requested and approved in 2005, but did not increase the total number of dwelling units permitted; and WHEREAS, the CITY and THE LAKELAND COMPANY, INC., entered into the Lakeland Annexation and Utilities Agreement in June of 1996, which agreement was approved by the Auburn City Council under Ordinance 4967 (the "Agreement"); and WHEREAS, the Agreement was amended in May 1998, which amendment was approved by the Auburn City Council under Resolution 2955; and WHEREAS, the Lakeland Annexation and Utilities Agreement was further amended in September 2000, which Amendment was approved by the Auburn City Council under Resolution 3250; and WHEREAS, the Lakeland Annexation and Utilities Agreement was later amended in September 2005, which Amendment was approved by the Auburn City Council Resolution 3902; and WHEREAS; it is the intent of this Fourth Amendment that the Agreement shall remain in force and effect, except as specifically further amended by this Fourth Amendment; and WHEREAS, the Agreement provides for the payment of traffic mitigations fees, fire service impacts fees, park dedication and improvement requirements and general land development requirements associated with the development of up to 3,408 dwelling units; and WHEREAS, the Agreement and its requirements for monetary payment to the CITY thereunder were specifically requested by THE LAKELAND COMPANY, INC., to result in a more marketable development and that ETP affirms any payments are acknowledged by both parties as being placed in the Agreement unilaterally and are not considered payments or subject to the provisions of RCW 82.02.020; and WHEREAS, two additional, non-contiguous parcels, totaling approximately 3.37- acres (Pierce County Parcel No. 052005-6015, aka the "Walker" parcel and Pierce County Parcel No. 052005-3036, aka the "Sundemann" parcel) of land previously surrounded by the Lakeland South Planned Unit Development have been acquired by Lakeland East LLC, an affiliated company to ETP; and WHEREAS, the city issued a minor amendment to the Final Development Plan of the Lakeland South Planned Unit Development extending the PUD zoning entitlements to the aforementioned parcels; and WHEREAS, development of the parcels will occur without exceeding the overall total unit count of 3,408 dwelling units for the Lakeland South Planned Unit Development; and WHEREAS, both parties seek to define the completion of the outstanding park mitigation improvements the developer shall complete to ensure predictability and adequacy of said improvements based on current needs and desires of the City. NOW, THEREFORE, BASED UPON MUTUAL BENEFITS TO BE DERIVED HEREFORM, THE PARTIES AGREE AS FOLLOWS: 1. LAKELAND ANNEXATION AND UTILITIES AGREEMENT The parties reaffirm the terms and conditions of the Agreement recorded under Recording No. 9608120131, as previously amended. The Agreement affects that additional real property identified on the map attached hereto and incorporated by reference as Exhibit "1" and legally described on attached Exhibit «2„ 2. PARKS (a) The parties acknowledge that one 15-acre developed park, one 40-acre undeveloped park and a linear park along Lakeland Hills Way have previously been dedicated to the City of Auburn in accordance with the terms and conditions of the Agreement (b) The parties acknowledge that the conditions set forth in subsection 4.4 of the 1998 Amendment (as adopted by city of Auburn Resolution No. 2955 and recorded under Pierce County Recording No 9805210624) shall be deemed fully satisfied by ETP's completion, to the satisfaction of the City's Department of Parks and Recreations, of the improvements listed in this Fourth Amendment by attachment hereto and incorporated by reference as "Exhibit 3". 3. REMAINING PROVISIONS All of the remaining provisions contained in the Agreement, as amended, shall remain in full force and effect. RN 'PETER B. LEWIS MAYOR ATTEST: APPROVED AS-TO FORM: Dan lle E. Daskam, City Clerk City Attorney LAKELAND EAST, LLC BY: INVESTCO By: STATE OF WASHINGTON) )ss COUNTY OF PIERCE ) FINANCIAL On the-t9iA, day of3, 2008, before the undersigned Notary Public in and for the State of Washington, ud ly commissioned and sworn personally appeared Martin D. Waiss, to me known to be the President of Investco Financial Corporation, the manager of Lakeland East LLC, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the same on behalf of the Corporation. GIVEN UNDER my hand and official seal the date hereinabove set forth. NOTARY PUBLIC in and for the State of Wa ington, residing at f p ? My commission expires on 11-2.1-2011 STEPHEN A. BURNHAM NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES NOVEMBER 29, 2011 CORPORATION, MANAGER As underlying owner and manager of the Lakeland Hills South Planned Unit Development, ETP does hereby agree with and consent to this "Fourth Amendment" to the "Lakeland Annexation and Utilities Agreement". EVERGREEN TUCCI PARTNERS, LLC BY: INVESTCO FINANCIAL CORPORATION, MANAGER By 016"b h. '. --, M n D. aiss President STATE OF WASHINGTON) )SS COUNTY OF PIERCE ) On the day of& 2008, before the undersigned Notary Public in and for the State of Washington, my commissioned and sworn personally appeared Martin D. Waiss, to me known to be the President of Investco Financial Corporation, the manager of Evergreen Tucci Partners. LCC, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the same on behalf of the Corporation. GIVEN UNDER my hand and official seal the date hereinabove set forth. NOTARY PUBLIC in and for the State of shington, resicTing-at-iAhw L& 14?- WA. STEPHEN A. BURNHAM NOTARY PUBLIC My commission expires on It -29 -2011 . STATE OF WASHINGTON COMMISSION EXPIRES NOVEMBER 29_2011 Lakeland Annexation and Utilities Agreement Fourth Amendment August 7, 2006 Vicinity Map MY of WASHINGTON EXHIBIT 2 Pierce County Parcel Number (052005-6015) THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY WASHINGTON. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST QUARTER OF THE SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 87°42'00" WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION A DISTANCE OF 55.37 FEET; THENCE NORTH 08°17'33" WEST A DISTANCE OF 87.73 FEET; THENCE NORTH 02°39'08" EAST A DISTANCE OF 78.72 FEET; THENCE NORTH 87048'l 9" EAST A DISTANCE OF 72.08 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH 02°39'08" WEST ALONG SAID LINE A DISTANCE OF 166.16 FEET TO SAID SOUTHEAST CORNER AND THE POINT OF BEGINNING. Pierce County Parcel Number (052005-3036) LOT 3, AS SHOWN ON SURVEY NO. 1313, FILED FOR RECORD JUNE 7, 1976 IN BOOK 14 OF SURVEYS AT PAGE 13, RECORDS OF PIERCE COUNTY AUDITOR. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON EXHIBIT 3 Upon completion of the following improvements and/or action items, Evergreen Tucci Partners LLC shall be deemed to have satisfied the mitigation requirements for Park improvements consistent with the intent of the Agreement, as amended. 118-acre Park" Evergreen Tucci Partners LLC agrees to provide the construction equipment, material, and personnel to complete the following: • Mass grading and onsite earthwork to prepare the land for improvement, as generally depicted in the most recent plan the city has developed and disclosed for the park. • Grading work shall include the area contiguous to the Community Center and Lakeland Hills Way, the utility corridor to Panorama Drive SE and the upland area on the SE edge of the Panorama Drive SE right-of-way, north/northeast of the platted subdivision "Verona". • Install the pedestrian connections though the park area, as generally depicted in the most recent plan the city has developed and disclosed for the park. • Complete the site preparation to support the future installation of a "big toy" recreational activity center, at a location and size as determined appropriate by the city. • Dedicate the subject acreage to the City as directed. "Lakeland East" On behalf of Evergreen Tucci Partners LLC; Lakeland East LLC proposes the following supplemental improvements; • Create a public access corridor over the 30-foot utility easement that provides pedestrian connectivity between the internal street right-of-ways and the Lake Tapps Parkway. • Install a trail surface within the corridor at an alignment and specification as directed by the City. • Provide a combination of amenities or enhancement that increase the corridor's interest through the installation of fixed seat benches, informal viewing areas overlooking the wetland/wetland buffer area, ornamental, "specimen" landscape treatments, or similar type improvements. • Dedicate the approximately 8,100 square foot utility/access corridor to the city. • During the construction phase of the "Lot 142" development; provide for a play area to be owned and maintained by the future Homeowners Association, meeting the general specifications as follows: o Minimum play area of 15,000 square feet o A combination of play structures to service at least 90 children, featuring 18 or more play events designed for children from the ages of 2 to 12 years old o The area will include commensurate park benches, picnic tables, garbage receptacles, etc. as determined by the City. • During the construction phase of the "Lot 143" development; provide for a play area to be owned and maintained by the Homeowners Association meeting the general specifications for the previously defined play area proportionate to the total number of units proposed "Planning Area 8-Division 24" Lakeland East LLC has filed a preliminary plat application of this project area (Application No. PLT06-0004).. In conjunction with the construction of this project, Evergreen Tucci Partners LLC will provide for the following: • Reserve a corridor at least 30-feet in width that provides an opportunity to install a future pedestrian connection from the eastern most right-of-way to the eastern limits of the subject plat. • Prepare the subject corridor for the future installation of a trail surface in conjunction with the on-site work associated with plat construction. • Dedicate in a manner and time mutually agreed upon by both parties, title to certain property identified by Pierce County Parcel No. 052005-1001 and whose legal description is attached hereto and referenced as "Exhibit 3-A" o Both parties agree that said parcel contributes to the developer's obligation of acreage required for both open space and park land. o Both parties agree that in the potential for further development opportunities in the general vicinity of the PUD exists, but those opportunities are of an uncertain potential. o Both parties agree that in the event a reasonable development opportunity becomes available and that access through the subject parcel is a reasonable alternative to facilitate said development; the developer shall be permitted to negotiate alternative and/or compensatory obligations to mitigate the loss of area devoted to the road in a form and manner mutually acceptable to both parties, PROVIDED THAT said alignment of said road is located towards the northern limits of said parcel to the greatest extent possible such that the remaining area of the subject parcel retains its area in a contiguous form EXCEPT THAT in the event said alignment consists of the said parcels fair contribution to the half-street improvements for 4th Avenue E (if extended) then developer shall complete the full width of said half street at the developer's expense but shall not be required to provide compensatory area for loss of area associated with public streets and ancillary area necessary to support said public street. Exhibit 3-A Pierce County Parcel Number (052005-2039) THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN AUBURN, PIERCE COUNTY, WASHINGTON; EXCEPT THE WEST 60 FEET THEREOF.