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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