HomeMy WebLinkAbout4078RESOLUTION NO. 4078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN, TERRACE VIEW
PROPERTIES LLC, AND CAMWEST COBALT, LLC, FOR
REALLOCATION OF EQUIVALENT RESIDENTIAL UNITS
OF WATER SERVICE
WHEREAS, Terrace View and the City of Auburn executed a Petition for
Annexation, Annexation Agreement, and Declaration of Covenant on April 4,
2000 (pre-annexation agreement) for the real property owned by Terrace View;
and
WHEREAS, This pre-annexation agreement granted Terrace View a
maximum number of water service connections equal to 419 equivalent
residential units ("ERUs"); and
WHEREAS, Terrace View has since sold a portion of the Terrace View
property which has now been developed with apartments utilizing 288 of the
419 ERUs allocated to the Terrace View developers under the pre-annexation
agreement; and
WHEREAS, development of the balance of the Terrace View Property
will not require the full remaining allocation of water; and
Resolution No. 4078
August 18, 2006
Page 1 of 3
WHEREAS, Terrace View owned certain property adjacent to the
Terrace View property, which it recently sold to CamWest Cobalt; and
WHEREAS, Terrace View also owns certain property adjacent to the
CamWest Cobalt property known as the Rodarte-Gibson property; and
WHEREAS, CamWest Cobalt desires to develop its property and
Terrace View desires to develop the Rodarte-Gibson property; and
WHEREAS, Terrace View has requested that the City allow the transfer
of 66 ERUs from the Terrace View property to the Rodarte-Gibson property and
to the CamWest Cobalt property, thereby leaving 65 ERUs available for future
development on the balance of the Terrace View property; and
WHEREAS, the City Council finds that the reallocation of these
previously-allocated ERUs is in the public interest,
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,
Terrace View Properties, LLC, and Camwest Cobalt, LLC, For Reallocation of
Equivalent Residential Units of Water Service 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.
Resolution No. 4078
August 18, 2006
Page 2 of 3
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed thisj~~,- day of ,2006
CITY U
~
PET R B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP,ROGtED/A3-TIQ2 FORM:
jtyAttorney
B. He`id~C
Resolution No. 4078
August 18, 2006
Page 3 of 3
rWHEN RECORDED RETURN TO:
` NAh9E:~t~ry J Urback PLLC
:AD6RE55; ,12417 12" Street East
° CITY,STATE,ZIP: Edaewood, WA 98372
DOCUMENT TITLE(s) ` ' . 1. Agreement for Reallocatwn of Eqriival6nt.Resi0en;ia1
Units;.., •
2. •
3.
4.
REFERENCE NUMBER(s) OF DOCUWNTS AgSIGNED OkREL~A~ED
❑ Additi6nal numbers on page of dOcumenr
GRANTOR(s)[Last name first, then first name and initialsl: 1. Citq of quburn "
, 2.
; 3.
qedditiopal names on page of document
GT2AIVT'Ei(s)[Last name first, then first name and initials]:
1.`fiettace ViewPropertias I.iriiited Liability Company
2. CamWest Cobalt;`LLC ;
3.
Oadditionaknames, oii page of document
LEGAL DESCRIPTIOAT[A[ibreviated;-i.e.,;'lot, block; piat; or section, township, rangej:
PTN GOVERNMENT LOT 4114 . THE SW 1/4 OF S3;1, TWO 21N,' RSE ancl PTtd of SE 1/4 of the SE114 of 536.
TWN 21N, R4E ,
[XJ Complete legal description is on pages 6-7 4document:sttached as Exhibik A:
4COUNT NUMPE;t(s)::
ASSESSOR'S PROPERTY TAX PA17C$T, A
3121059028,3121059010,and 3121059056''' °
T6e Recorder will rely on the information provided on the form. 'PFie sYs17' will not read th~ment tq verifa•
the accuracy or completeneas of tbe indexing intormation provided herEin.
3LE0 ~UIR REcuRo`Ar'BEa'u~sT c;-
TRAN8NA710N T{TLE INSUR.,AN.CE C0 ;
/Vf" Tnl - o1v67?yb.l
AGREEMENT FOR REALLOCATION OF
EQUIVALENT RESIDENTIAL UNITS
~t is made and entered into this (.4- day of UM~W ,
ACE VIEW PROPERTIES LIMITED LIABILITY C MPANY, a
Liability company ("Terrace View"), CAMWEST COBALT,
itmited:iiabilit.y company ("CamWest Cobalt"), and the CITY
micipal corporation of the State of Washington ("City").
`I. Recitals
A >Terrace >Visw 4rr0 the ;City of Auburn executed a Petition for
Annexatior►,, Annexation;;'Agreemenf; ,;apd` Declaration of Covenant on April 4,
2000 (Pierce Cownty.; Audftor's *..He ;No. 200004280030) ("Pre-Annexation
AgreemenY') for tfie rsal propetty.1egally,described in ;Attachment A attached
hereto and incorporated by refererrbe ("Tstrace View Prgpe(ty").
B. The Pre-Annezatio.n Agreiment,,branteri Terrace View a maximum
number of water service c6nn2cticins eq6al t6 '419;: eqwivalent residential units
(ERUs), where 1 ERU is definetl°~s a maximum day demantl'"of:;717.12 gallons
per day.
'
C: Terr4ce View sold a portion of•the'Terraee lfie~w•YP.roperty w'hic(~ has
nov~r been:. dev$loped with apartments which ti tilize 288 pf._ihe 419: ER~1 units
alloca#ed to:Terrace View underthe Pre-Annexation Agreement
D,; Ckevelopment of the balance of the Terrace..:View Property wili not
- PeqCUte"the fula reixialning-allocatiori of water granted undeK, ttre F're-Annexation
> Agreement. : '
E. Terrece,,~View flwned certain property adjacent to the Terrace View
Property iegally,i]esGrib4d icr-Exhibit A, which it recently sold to CamWest Cobalt
("CamWest Cotialt,ProperEy").
F. Terirpce .View:`alsr3` oWns: cortaln property adjacent to the CamWest
Cobalt Properfy•le.gally;described'9►i Exh(kiit A.;("Rodarte-Gibson Property").
G. Terrace View. desi►`es to: de.velop the Rodarte-Gibson Property and
CamWest Cobalt desires.,to develop the CamWest Cbbalt Properry.
H. Terrace View has requgsted!:t00t the City aflow the transfer of 66 ERUs
from the Terrace View Properly to the Rodarte=G'fbsorr' 'Properry and to the
CamWest Cobalt Property, thereby;.i'leaVing 65 ERUava'ilable for future
development on the balance of the Teriace View-1'roperty. ; -
II. Agreemeii#
NOW THEREFORE in consideration of their"mEitual covenarits,contlitions,.
and promises, the parties hereby agree, as follows: "
1. Allocation of Water. The ERUs allocated to TerraCe View:tander:`the': Pre-Annexation Agreement shall be apportioned between Teftce` View:"and
CamWest Cobalt as follows: •
50 ERUs for the CamWest Cobalt Property
16 ERUs for the Rodarte-Gibson Property
65 ERUs for the balance of the Terrace View Property
2,... ERU Requirement. The City acknowledges and agrees that any
residential:towo..h...ome development proposed on the CamWest Cobait Property,
` tlire Rodarte•~ibsort,.ProperkY;•-or the balance of the Terrace View Property shall
requlre nq mora.. than (~;67 ERUs per unit; provided, any ERUs required for
irrigation,-~ses"shall tie;in add.itKin tg.the ERUs required forthe dwelling units.
3.:` 'Otlaer:Tertiis";~f the,~hre-Ann@3cation Agreement. Ali other provisions of
the Pre-Annezatioii Agreerraeht shoiYl`"r.emaiin unchanged and in full force and
effect, incltiding t#1e obligltiortg unde~ SeCtion 4.8.3.
IN WtTNESS WHEREOF;:the;partles h.ei;eto have ~ecuted this
Agreement on the d'ay and;:year first above''written,,
STATE OF WASHINGTON )
ss.
. GQIJNTY-OF 1<1//iJ )
pn this,c#aq°personally appeared before me Peter B. Lewis to me known to
be'the.-llAayorofthe City ofAwbuitit,:the municipal wrporation described in and that
e~cecufed;the witFiin:and:fo,teyoing;instrument, and acknowledged said instrument to
"be tlie free and vo.Juntaryact atid doed"of..,said municipai corporation, for the uses
and'`p.urposes`the~ein:`rrientione~i;>Ond o.~i ~sath stated that he was authorized to
execute said instn,iment on belaatF of s~id"►Yiunicipal corporation.
GfVEN Under .fny jiand and Q(fieial seal this 'day o
2008.
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NdTARY U.BUC iR and fa
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of Washington;;residing at`°
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WASN~NG
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STATE OF WASHINGTON
COliNTY:.OF PIERCE
vblUFitary aet ar'id deed of
therein tnenti'tined: and c
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appeared before me Jon D. Cheetham to me known
if-Terrace View Properties Limited Liability Company,
ctompany described in and that executed the within
ackrrowledged said instrument to be the free and
j=litliited kfakail;lty company, for the uses and purposes
ath stat&d' th6t he was authorized to execute said
GIVEN under my hand
2006. •
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STA`FEOF•V1{ASHING7ON
COE1NT1' aF 1!
On tflis day ps
the Chief Flnancial
corporation, managei
company described ir
acknowledged before
s.pal this day of
ss.
efore me Keily Price to me known to be
>_st Development, Inc., a Washington
ialt ILC, a Washington limited Eiability
thie within.and foregoing instrument, and
i the'same:as;such officer in the name of
and on behalf of said iimited liabitity company: -
2006.
GIVEN under my hand and.,oficiaf seal ttiis ~ day of,`;tdt~~,
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~uo~'L`S~$
[printed name of nd
NOTARY PUBLIC in and i
of Washington, residing at
My Commission Expires: _
EXHIBIT A
LEGAI. DESCRIPTION5
~ ;TERIti4CE VIEW PROPERTY
L07'S 1;:AND=2 OF SHORT PLAT AS RECORDED JUIY 7, 2003 UNDER RECORDING NO.
200307.075003,:fZE~CQRDS OF PIERCE COUNTY WASHINGTON;
` SiTUA7E IN:THE .C,.ITY dF AUQYJRN,GOUNTY OF PIERCE, STATE OF WASHINGTON.
`AND
A PORTION Q~ GOVERNMENT LpT:..S'OF S~tT#QN 6, TOWNSHIP 20 NORTH, RANGE 5
EAS7'OF'THE V191LUtMETTE MERIDIAN:'fN PIERCE COUNTY, WASHINGTON, MORE
COMMENCING"AT THE WEST 114'CORNER OE SAID SECTION 6; THENCE ALONG THE
WEST LINE OF •SAIQ SEtTIOhf 6, !40'3h'15"E 1321.65 FEET; THENCE ALONG THE
NORTH LINE OF SAIIIG,OVERfJMENT I:OT 6 S$8°5T'32"E 624.7..7"F:.EET TO THE TRUE
POINT OF BEGINNING;`1'HENCE 511°610'58" 1w855.35 FrEET TOTkiE NORTH LINE OF
THE RIGHT OF WAY OF IA►CE TAPPS Pi4f2KWAY-EAST NQRfiH ACCESS RAMP AS
CONVEYED TO PIERCE COUN7'Y I~NDEf2,.AF ~R200~:022308tJ9; :THENCE FOLLOWING
SAID NORTH RIGHT OF WAY LINE.IN::`A GEWRAL V1yESTERLY DIRECTION TO THE
EAST RIGHT OF WAY LINE OF EAS'F' VALLEY HIGHWAY EAST;~AS-cONVEYED ..TO
PIERCE:`COIJNTY UNDER AF #200102230899, THE(4CJ.=- FOLLOWWG SAID tAST RI~''iH7'
OF WAY LINi~ JN A GENERAL NORTHERLY DIRECT{ON; TO YHE NbR7Ft:1INE OF'SAjD
GOVEI~NMENT L~OT 5; THENCE ALONG SAID NOl~TFI LINE S88°57'32"F,A98.91 FEET 70
THE:TRUE''ROINT';OF BEGINNING.
(BEING PARCEL s OF BOUNDARY LINE ADJUSTMENT`REQORb.ED^UNDER;`REGORDING
P10MBER # 200103295016).
? ; . . :
"-L'E5S THA'C LF<iVIS-:DEEDED -TO-THE CITY OF AU6URN UNd~R PIERC:F COUNTY
; AUDITOR'S FILE NCS. 200305211190. •
SITUATE IN T4: CITYQF AUBURN, COUNTY OF PIERCE, STATE OF WASNIAGTON.
A PORTION OF G04RNWIENT LOT 5:OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5
EAST OF THE 1NICLAMETTE A+IERIDIAN,; IN PIERCE COUNTY, WASHINGTON, MORE
PARTICULAF2LY,DESCRIBED AS FOE:{.QtNSi
COMMENCING AT THE WES7 QUARTER CQRNER`flF SAID SECTION 6; THENCE ALONG
THE WEST LINE OF SAID SEC710N 6, NORTN 0°81'15'."EAST 170.02 FEET; THENCE ALONG
THE NORTH LINE OF T14E SOUTH 1,.°70 FEET? OF; `SAID` GOVERNMENT LOT 5 SOUTH
88°35'08" EAST 365.69 FE~T.,:.~0'THE BAST:RIGliT'OFWAY.LINE OF EAST VALLEY
HIGHWAY EAST AS CONVEYED TQ PIERCE COUNTY 6Y DtED RECORDED UNDER
RECORDING NUMBER 20010223089:9, WHICH GORREGTS, ANb--SCtPERSEDES DEEDS
RECORDED UNDER RECORDING NUMBERS 9908050698 lhND 200009130839, AND THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTIQtJ; TNENC$; CONTINUING SOUTH
88°35'08" EAST 137.85 FEET TO THE WEST L1N~ OF;7HE RIGHT OF ~4VAY, LINE.,OF LAKE
TAPPS PARKWAY EAST NORTH ACCESS RAMP `qS,:;CONi/EYED TO RIERCE COUNTY BY
DEED RECORDED UNDER RECORDING NUMBER 200100230809r'WHIGH CORf2ECTS L#ND
SUPERSEDES DEEDS RECORDED UNDER RECORDING:` NUMBERS 9808i)b0698 ANQ
200009130839; THENCE FOLLOWING SAID WEST RIGHT OF-'WAY LINE IN-A GOHERIkI.'
NORTHERLY AND WESTERLY DIRECTION TO TNE EAST RIGHT::~F. WA~',Ld,NE<,OE EAST
VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY BY. DEED`RECOR4tbi:
UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS `AND SVPE'RSEt)ES.-.`
DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND"260009130839; .
.Y
• T.FIENCE FOLLOWING SAID EAST RIGHT OF WAY I.INE IN A GENERAL SOUTHERLY
DIRECTION TO THE TRUE POINT OF BEGINNING.
S;ITUATE dN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON.
CAiUIVfIES'f CQBALT PROPERTY
THE $bUT'H,;/ZOF THE SOUTH,.?s4°QF GOVERNMENT LOT 4 IN SECTION 31, TOWNSHIP 21
NORTH, RAIVGE 6-EAST, W„M4;
EXCEP'f THAT:•PORTlQN&4SAld`'$OUTH,?!z OF THE SOUTH'/z THAT LIES WEST OF THE
FQLLQWING CaESGRiBE6 LINE:
COMME46NG"1dT T.HE .80UTMVEST CURNER.;~"OF SAID SECTION 31, THENCE ALONG
THE SOUT'fi. LINE THEREOFs SOUTH 88°35'1'3". ~AST 285.01 FEET TO THE EAST LINE OF
THE SOUTH 16G-FEET ~F TtiE W.EST 2$ i FEET OF SAID SOUTH'/x OF THE SOUTH'/z AND
THE TRUE POINT OF $EGINNiNCy OF:TPIIS LINf;
THENCE ALONG SAID-EAST LI{JE NORTIi 01'53.':17"'FA$T 164.01'lOEE7;
THENCE NORTH 04038'07" EAST;'165;35 FEET TO THE fiERMfNl.1S OF THIS LINE AT THE
SOUTHWEST CORNER OF 7HE;EASfi 1006:FEET''6F THE NQR'fFl'h OF THE SOUTH Y. OF
SAID GOVERNMENT LOT 4; '
TOGETHER WITH THE EAST 1,000 FEE'i' 4F THE,FOLLOWING
THE NORTH' :,'F. OF THE 50UTH '/a AND tHE SOU`fH 965, FEE`° :.QF TME;: ~IORTH lz OF
GOVERNMEN7 40T 4 IN SECTION 31, TOWN~uH:,I .P..~21 fUORTH, RfkNGE, 5' EAST, W.M;'LESS
ANY:iPORTI.ON G?(ING NORTH OF THE SOUTH LINE,OF THE'NORTH 15 ACRES QF SAID
GO.~ERNMENT LQT 4;
TbGET.NER„WITH AN EASEMENT fOR INGRESS AND `~GRE~S AS PROVIDED BY
INSTRUMEMT RECORDED UNDER RECORDING NO. 200502150.Q,14,fi8, E7ECORDS OF KING
~OUMTY, :1NASMINGTON AND RECORDING NO. 200406220478 :RECORDS::OF PIERCE
' COUNTY"WA$HINGTON:''.. °
' SITUATE IN.FFIF_ CIT.1`"F3F AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
A PORTION OF THE ;5Q[1TH;''HAtf OF THE SOUTH HALF OF GOVERNMENT LOT 4.
SECTION 31, T6WAlS14'21 NORTH;'fZANGE 5 E,AST, WILLAMETFE MERIDIAN; AND OF
THE SOUTHEAST QUAR7ER OF,THE SOUTHEAS.7` GtWARTER, SECTION 36, TOWNSHIP 21
NORTH, RANGE 4 EAST, WfCLAMFTTE MERIDIAN;' iN ::KING COUNTY, WASHING70N,
MORE PARTICULARLY DE3CRIBERAS FOiLOWS: :
COMMENCING AT THE SOUTHWE&T CORNER OF 5AID $ECT10N 31, THENCE ALONG
THE SOUTH LINE THEREOF S88°3543"E 285:01 FEEt Tp THE El~.ST'LINE OF THE SOUTH
164 FEET OF THE WEST 285 FEET OF-.SAU7TSO41TH HAkF Or SAID SOIjTH HALF; THENCE
ALONG SAID EAST LINE N1°53'17"E 184,01t:FEET TD 7NE TRUE:'PQINT OF BEGINNING OF
THIS DESCRIPTION; THENCE N4°36'07"E 165:35 FEET TO.;THE.~ SQCffH1NEST"EQ.RNER OF
THE EAST 1000 FEET OF THE NORTH HALF OF 7HE $OU7'H FfALF.:-OF SAID GOVERNMENT
LOT 4; THENCE N88038'28"W 292.84 FEET TO THt WtST, UNE OF ;SAID,SECT10N;:31;
THENCE IN SAID SECTION 36, ALONG THE NORTH; LINE OF.' THAT:;,.PRQPeR1'Y
DESCRIBED AS PARCEL C IN KING COUN7Y AUDITOR'S'FEE` NUMBER?2009042$000489
N89°O7'18"W 15.30 FEET TO THE EAST LINE OF A S7REET S:E. :IN•-.;/1llBURN, "
WASHINGTON; THENCE ALONG SAID EAST LINE S6°55'04"E 184.81 FEET Tb'THE:NORTWs;
LlNE OF THAT PROPERTY DESCRIBED IN KING COUNTY AUDITOR'S FELNUM$ER?
9003051794; THENGE ALONG SAID NORTH LINE S8803613"E 292.24 FEE'f, Tb 7HE;'fRUE
POINT OF BEGINNING.