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
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FILED BY PNWT
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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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.
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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.