HomeMy WebLinkAbout4066
RESOLUTION NO. 4066
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
OUTSIDE UTILITY EXTENSION PROCESS
AGREEMENT BETWEEN THE CITY OF AUBURN,
KING COUNTY, AND LISA L. AND STEVEN G.
FOLEY
WHEREAS, the Foleys are the owners of property located outside the
corporate limits of the City of Auburn, but within the City's potential annexation
area and within the City's water and sewer service area; and
WHEREAS, the Foleys have requested that the City furnish water and
sewer services to their property; and
WHEREAS, It is in the interest of the citizens of Auburn that all
developments which could be annexed into the City are constructed in
accordance with City development standards; and
WHEREAS, the Foleys intend to seek preliminary plat approval from
King County for their property; and
WHEREAS, the City and the Foleys agree to work together to develop a
preliminary plat application that complies with applicable City development
standards ("City Conditions"), while meeting or exceeding King County
development standards; and
WHEREAS, the Foleys agree that the City does not have to provide
--------------------------------------
Resolution No. 4066
July 18, 2006
Page 1 of 3
water and sewer service to their property unless the preliminary plat contains
the City Conditions and the subdivision is constructed to meets those
conditions; and
WHEREAS, the King County Department of Development and
Environmental Services has agreed to enforce the City Conditions, if those
conditions are included in an approved preliminary plat of the Foley property;
and
WHEREAS, it is in the public interest for the parties to enter into an
outside utility extension process agreement.
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 Outside Utility Extension Process
Agreement between the City of Auburn, King County, and Lisa L. and Steven G.
Foley, 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 authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 4066
July 18, 2006
Page 2 of 3
Section 3. This resolution shall be In full force and effect upon
passage and signatures hereon.
Dated and Signed this l\l>- day of ~
ATTEST:
~
Resolution No. 4066
July 18, 2006
Page 3 of 3
,2006.
CITY
'J
./
-'.-"\
Return Address: City of Auburn
Planninq Dept. 25 West Main Street
Auburn. WA 98001
Parcel Number(sl 786700-0005
Additionalleqal Attachment A
OUTSIDE UTILITY EXTENSION PROCESS AGREEMENT
111111111'1111111
20060913000274
LASHER HOLZAPF AG 43.00 ,
PAGE001 OF 012
09/13/2006 09U:l7
KING COUNTY, .
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF
COVENANT)
LEGAL DESCRIPTION OF AFFECTED PROPERTY:
LOT 1, SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE(S) 100, IN KING
COUNTY, WASHINGTON; EXCEPT THE EAST 140 FEET; AND EXCEPT THE WEST
20 FEET OF THE EAST 150 FEET OF THE SOUTH 150 FEET; AND EXCEPT THE WEST
140 FEET THEREOF
The Agreement executed herein by and among the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY", King
County Department of Development and Environmental Services, hereinafter
referred to as "DOES", and Lisa L. and Steven G. Foley, husband and wife, 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.
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 1
1,2. The OWNER intends to seek 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.
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.
1 ,5. This Agreement does not preclude any evaluation and
determination by the CITY or DOES 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 the existing service area of the
CITY is subject to the authority of the King County Boundary Review Board, and
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 2
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, It is in the interest of the citizens of King County that utility services be
extended to developments within King County.
1.12. 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.
1,13, The OWNER does hereby acknowledge that in the event of violation
or breach of the terms of this OUTSIDE UTILITY EXTENSION PROCESS AGREEMENT,
including a failure of the Owner to submit plans that are in conformity with City
Standards, 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 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 No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
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 sholl 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 No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
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
4.1 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 submit its
preliminary plat plans to the CITY for review and approval prior to official
Preliminary Plat application to DOES.
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 5
4.2 The CITY agrees to review those plans against the applicable CITY
development standards and to work with the OWNER to develop a Preliminary
Plat application that complies with those standards and which identifies those
aspects of the Preliminary Plat that exceed, but are not in violation of, King
County development standards due to compliance with CITY standards ("City
Conditions") .
4.3 DOES agrees that it will review the Preliminary Plat application,
including aspects of development that might exceed the minimum
requirements of King County development standards to ensure that the
Preliminary Plat does not violate King County development standards.
4.4 The OWNER and the CITY agree to support the City Conditions
during the Preliminary Plat approval process. DOES agrees that it will not
oppose the City Conditions, provided that such Conditions do not violate King
County development standards.
4.5 The extension of utility services by the CITY is expressly conditioned
upon the approved Preliminary Plat containing the City Conditions. Should the
approved Preliminary Plat contain some, but not all, of the City Conditions, or
contains the City Conditions in an altered form, the City may, but is not required
to, extend utility service to the PROPERTY.
4.6 DOES agrees to enforce the conditions of preliminary approval,
including any modifications to such conditions that might result from
subsequent appeals and/or plat revisions.
5. GENERAL PROVISIONS
The OWNER, DOES, 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 King County
standards, the more restrictive standards shall apply unless those more restrictive
standards are found through the applicable decision making and appeal
process to be in violation of King County Code.
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
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 6
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 plan review and approval of street
and storm drainage improvements prior to DOES approval for construction, and
to allow CITY inspection during construction of all public improvements as they
are built, regardless of the ownership of such improvements. OWNER agrees to
reimburse the CITY for any additional costs incurred in such plan review and
inspection of street and storm drainage improvements.
5.4. No modifications of this Agreement shall be made unless mutually
agreed upon by.the parties in writing.
5.5 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 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 No. 4066 Exhibit "A"
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.
5.8.1. Should the City extend utilities to the PROPERTY pursuant to
Paragraph 4.5, the OWNER agrees that the CITY can withhold final water and
sewer approval if the OWNER fails to comply with any City Condition contained
in the preliminary plat.
5,8.2. Failure of the OWNER and DEVELOPER to make the improvements to
the PROPERTY called for in a City Condition in accordance with the preliminary
plat approval 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 and DOES.
IN WITNESS WHEREOF, the OWNER, the CITY, and DOES hereto have executed
this Agreement as of this ~ day of Clu.o~-t , 2006.
~~
----
~
~~~~
. ""-
Danlelle Daskam
City Clerk
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 8
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this 15'"'- day at C~\A-"\: , 2006, before me,
the undersigned, a Notary Public in and fo he 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 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 an the date her~!~~,~,?,ve set farf~~Q .{2 'Ii J)
_----... RICH \\11" ), '--t"'.'0\.L /J..gr;.----
-- _I \>-..,.....,'~.-9/\ " NAME
-.." . ION . v I,
f$'~~~~s~. ~-r~;.~o 'f< CATHY A. RICHARDSON
: u ;' o' ~.o '\ AA y. r.".--z,.
'E : () '~....... (/):
" .
'~', ,G.: :< E
~ <Jl " .. 0 .::'
" :.>. '. . " A;. -
',,"'1;-, .....1-LC1~....,,0_:
" <$:' ...'.....d..\"'~_-
"1 OF WASP ~...'"
-l ~,\\.\..,"",.,~,--.
NOTARY PUBLIC in and faUe Xe of
Washington, residing at 1\, l . Vv'v\t.---'
MY COMMISSION EXPIRES:~
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 9
KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this :l.'3rJ day of ~51,..{,)~ ,2006, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared STEPHANIE WARDEN to me
known as the Director of the King County Department of Development and
Environmental Services who executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed
of said King County Department of Development and Environmental Services,
for the uses and purposes therein mentioned, and on oath stated that she 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. ~
I../(tl Ci~~
\",nm."".
,." ..... , ;""
.,,\~\... III" 1'~ "'"
"~~ "'/~ ~
~. ~':,. ta~~~
;' ~ ~ ,., ~
{~ l
- ~ ""1..\(, ~
tP -~
-~ ~ ,~....
'~,."~ (.. ~ "l\\~."..~ ~
,. '1' _~... ~v S'
/'///11 o~ WAS'" """,
"11'"" ""'\\\\
NAME
J-.( e c;., t1-. e r It- ) fct ,;,( J
NOTARY PUBLIC in and for the State of
Washington, residing at ~e,"'~f'\ l wl\
MY COMMISSION EXPIRES: F=eb, ~l ::l.l.1)&
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 10
STATE OF ILLINOIS )
) ss
COUNTY OF KANE )
On this [-S-' day of -:s",,\~ ' 2006, before me,
the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and
sworn, personally appeared LISA L. FOLEY and STEVEN G. FOLEY who I know or
have satisfactory evidence to be the individuals who executed the within and foregoing
instrument, and acknowledged the said instrument to be their free and voluntary act
and deed, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth,
~~~~ '<: ~\<.\==.~
NAME
~----:z~ C7
(' .r- __
"OFFICIAL, SEAL"
BHAVIK p, THAKKAR
NOTARY PUBlIC, STATE Of IUlNOIS
MY COMMISSION EXPIRES 6/3 2009
NOTARY PUBLIC in and for the State ~ \ ~\u2.
Illinois, residing at U.S Dt\ tJ \::- -.:::yj' .
MY COMMISSION EXPIRES: .b\2..\'2-00cl
. \
RES
WSCOO-OOOO
07/14/2006
Page 11
ATTACHMENT A
LEGAL DESCRIPTION:
LOT 1, SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE(S) 100, IN KING
COUNTY, WASHINGTON;
EXCEPT THE EAST 140 FEET; AND
EXCEPT THE WEST 20 FEET OF THE EAST 150 FEET OF THE SOUTH 150 FEET; AND
EXCEPT THE WEST 140 FEET THEREOF.
................................................................................................................................................
RES No. 4066 Exhibit "A"
Parcel No. 786700-0005
07/14/2006
Page 12