The URL can be used to link to this page

Home My WebLink About3340 RES.OLUTION N0. 3 3 4 0 � � A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND: THE CITY CLERK TO. EXECUTE A PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY OF AUBURN_AND THE LAKELAND COMPANY INC. THE CITY COUNCIL OF?HE CITY OF AUBURN, WASHINGTON; IN A __ _ . _ ._ REGULAR MEETING DULY ASSEMBLED, FiEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Aubum are hgrewith authorized to execute a Payback Agreement for DevelopePs Extension between the City and The Lakeland Company Inc. A copy of said agreement is attached hereto and deno.minated as Exhibit "1" and incorporated by reference irrthis Resolution. Section 2. The Mayor is hereby aufhorize.d to implement. such administrative procedu.res as may be necessary to carry out the directions of this legislation. --:------------------------ Resolution No.3340 Iviazch 16,2001 Page 1 DATED and SIGNED this�day of April 2001. CITY OF AUBURN C.�,�.�,�. � . 13��-+� CHARLES A. BOOTH MAYOR ATTEST: `� e��f�� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attomey ---------------------------- Resolurion No.3340 Mazch 16,2001 Page 2 . ' 3 . i 3 . �I - , _ r_- - , �'� 0�10620001192 Return.Address: �=F=� Ny TIT i1G Auburn CityClerk 08i20�z0eiFizOZS — City of Aubum KsN� cou"TM, �'_ 25 West Main St. Auburn, WA 98001 ' RECORDER'S COVER SHEET Re 5 3 3`�b Document Title(s) (or transactions contained therein): 1. Payback Agreement 9�� p'UwT W 9a�s��Z , Reference Number(s) of Documents assigned or released: �� , DAdditional reference#'s on page,_of document oi . � :- . . . . . � O � ` Grantor(s) (Last name first, then first name and initials) � 1. Lakeland Company Inc � � 0 ' o Grantee: (Last name first) ° 1_ City of Aubum - Legal Descrip6on (abbreviated: i.e. lot, block, plaYor section, township, range) Section 31, T21, R5 ' ❑Additional legal is on page 6 of the document. Assessor's Properly Tax ParcellAccount Numbee ' 312105-9015, 312105-9042, 665500-0100, 66550Q-0095, 665500-0105, 312105-9006, 052006-1005, 052006 2013 � ❑Assessor 7ax#not yet assigned � � Retum Address: City of Aubum City Clerk 25 VHest Main Aubum, WA 98001 Above this line reserved forrecording'ir�fortnation. PAYBACK AGREEMENT#S6 DEVELOPER'S EXTENSION Reference#(if applicable): - - GrantodBorrower TFie Lakeland Company,lnc � a; Grdntee/Assignee/Ben�ciary City of Auburn .- o Legal DescriptioNSTR: 31-21-05 �o Assessor's Tax Parcei ID#: Se.e Exhibit B . o This Agreement made and entered into this Z�day of�Dr�, ao�� , o ]9!, by and between the City of Aubum, a municipal corporation of King County, N Washington, hereafter calied the CITY and The Lakeland Company Inc.; whose address is 4120 187'" AVE SE, Issaquah, WA 98027, hereafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITYhas by Resolution No. 3.3�f6 adopted by the City Counal of the GITY on the a� day of Ao�r j , �� . . �, approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein;and . , �,,.�� .3 4�0 . � AYBACK AGREEMENT#86 . . . . . � � � � Chuck�Henderson -[akeland Hilis Strnm � � . � � � PAGE 1 OF S ' � � . WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to acoept bills of sale for stortn facilities as part of the utility systems of the CITY; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS IiEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The above-described DEVELOPER was the record OWNER of real property. The real property described is also known as Lakeland Hills, King and Pierce Counties, Washington. Map showing said property is attached hereto as Exhibit A. II. FACILITIES The facilities which haye been constructed by the DEVELOPER are herein described as 4he_Developer Public Facility Extensions, which Extensions are herein referenced as FAC91-0005, 91-0044, 92-0007, 92-0021, 92-0022, 92- 0024, and 94-0010, originals on file at the office of tlie City Engineer. The faalities have been constructed in accordance with the ordinances and requirements of the CITY goveming the construction specifiptions for facilities of such type, and have been approved by the City Engineer. �� ' Q' III. AREA OF FACILITY SERVICE BENEFIT � o° The properties benefifed by the facilities constructed by the DEVELOPER are o shown on Exhibit A, which is by this reference inoorporated herein as rf fully set N forth herein. Any owner of properties benefited by the facilities as shown on the �o attached Exhibit A shall pay as a condition,for connecting to the facilities, an ° amount as iderrtified in Section V. All such benefited property within the benefit ,_ boundary shall be subject to the connection fee as,provided in this agreement as o a condition of issuance of the connection pertnit by the CITY. N IV. TERM For a period of 1 S years from date of recording of this Agreemenf in the office of the County Auditor of fhe County in which the real estate is located, any owner (latecomer)of real estate legally described in Section III, and which ownerhas not fully contributed Uieir pro rata share to the original cost of the above- described facility, shaU pay to the CITY the amounts shown in Exhibit B attached hereto. The charge herein represents the fair pro rata share of the cost of construcction of said facilities payable by the owner of the properties legally described in Sec4ion III. Payment of the latecomer's pro rata share is a condition of issuance of the connection pertnit by the CITY. � PAIBACK AGREQrtENT#66 - �� —� .' ' Chuck Hmdason -Iakel�d Hills Stmm . . � PAGE20F8 � � � � � The CITY shall reimburse the DEVELOPER at six(6)month intervals eny such amounts collected. After ttie expiration of 15 years, any moneys coliected by the CITY wili not be reimbursed to the DEVELOPER. V. AMOUNT OF REIMBURSEMENT Storm Facilities: The DEVELOPER, his successors, heirs andassigns, agrees that the amounts which DEVELOPER is reimbursed from the property owners as specified in Section III of the Agreement, represents a fairpro rata share __ reimbursement for the DEVELOPER'S construction of the facilities described in SecUon II of this,Agreement. The amount perparcel is shown on Exhibit B, attached hereto, ancl totaling to noY more than $223,883.60 in fuli amount. Prior to recordation as described in Section_X, the CITY shall.mail to the property owners, as reflected in the records of the King County Assessors Office, as specified in Section III, notification of the allooation of costs to 6e levied against the properties which are payable prior to connec6on to the systems. The property owner shall have the right to a review of the costs with the Director of Public Wmks within,21 days from the date of said notice for the purpose of requesting an adjustrnent in the allocation of the charge to the property: ff the Director of Public Works, upon requested reviewby a notified property owner(s), does find cause for adjustment in the allocation of the charge to the benefited property(s), such adjustment will be made anii the DEVELOPER will be �� notified of the adjusted amount(s)prior to recordation. The.resulGng adjusted ,°_' Exhibits A and B shall goyem reimbursement amounts to be received by the -- DEVELOPER. 0 0 a VI. EFFECT OF AGREEMENT o The provisions of this Agreement shall not be eifedive as to any owner of real ° estate not a parry hereto unless this Agreement has been recorded in the office r. of the County Auditor of the County in which the real estate is located prior to the a time such owner receives a pertnit to tap intn orconnect to said facilities. If such cv owner receives a permit to tap into or connect to said facilities from the CITY prior to the time of execution of this Agreement, and the CITY collected from such owner a Charge in Lieu of Assessment, such Charge in Lieu of Assessment shall be remitted to the DEVELOPER atsuch time as the Agreement is executed. If for any reason, the GITY fails to secure a latecomerpayment for Owner's fair pro rata share of 4he�cost of the facilities, 6efore an owner ofproperty legally described in SecGon III connects to the facilities;the CITY is not liable for payment to the DEVELOPER. PAYBACK AGREFAIENT i186 � C6uck Heodawn -lakel�d Hills S�mm PAGE 3 OF 8 _ - VII. OWNERSHIP OF FACILITY The DEVELOPER has constructed the facilities described in Section II of this Agreement,which facilities have b�n accepted by the CITY as satisfactory. The facilities have become a part of the municipal system of the CITY. Ali m8intenance and operation costs of sa'id facility shall be bome by the CITY, except as noted othervvise in the FAC Agreemenis. Vill. UNAUTHORIZED CONNECTION Whenever any connec6on is made into the facilities described in Exhibit A under this Agreement which is_not authorized by the CITY, the CITY shall have the absolute authority to remove or cause to be removed such unau4horized connections and all connecting lines or pipes located in tfie facility's right-of-way. The CITY shall incu�no liability for any damage to any person o�property resulting from removal of the unauthorized connection. IX. CURRENT ADDRESS&TELEPHONE NUMBER The DEVELOPER shall keep a current record of hislher address and te�ephone number on file with the City Engineer of fhe CITY, and shall within 30 days of any change of said address and/or telephone number, notify the Directorof Public Works in writing. If the DEVELOPER fails to do so,the parties agree that the CITY may authorize connections resulting therefrom and not incuc any liability for the non-collection or non-reimbursement of charges to the DEVELOPER under this Agreement X. COVENANT RUNNING WITH THE LAND . �� This Agreemerit shall be binding on the DEVELOPER, its successors, heirs and � assigns and shall so 6e binding on the legal owners of all properties benefited by . o the facilities within the benefit boundary of the area as shown in the attached ° Exhibit A, their successors, heirs and assigns. � XI. HOLD HARMLESS 0 The DEVELOPER will indemnify and savethe CITY and the CITY'S officials and o agents hartnless from,all claims and costs of defense; arising out of this ° agreement,as a result ofDEVELOPER actions, misconduct or breach of conVact, including butnot limited to aftomey's fees, expert witriess fees, and the cost of the services of engineering and other personnel who's time:is reasonably . devoted to the preparatiori and attendarice ofdepositions, hearings, arbitration proceedings, settlemerit conferences and triats groinring out of the demands andlor actions of property owners incurred in tFe performanoe or compleUon of this Agreement.. � � PAYBACK AGREII�tENT p86 ` � ' � Chmk Hmdason--Idml�d 4lilla Soorm � PAGE�40FH � , � . XII. CONSTITUTIONALITY OR INVALIDITY , If any section, su6section, clause or phrase of this Agreemerrt is for any reason held to be invalid or unconsUtuGonal, such invalidity or unconstitutionality shalf not affect the validity or constitutionality of the remaining portions of this Agreement; as it being hereby expressly dedared thaf this Agreement and each _ _ . _ section,subsection, sentence, clause and phrase:hereofwould:have tieen prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. CITY OF AUBURN C..� � .�ov�-J� M'AYOR ATTEST: . � Darne Ie,E. Daskam, Ci .Clerk. - .- c A .P T M: 0 a �, Michael J. Reynolds, City Attomey co O .-- ' O �. �� / . . . � DEVELOPER: As(>�/ �^� BY BY: ' TITLE: (�� TITLE`. . � � PAYBACK�AGREEMENT#66� . �. � � � . . � � � .. . � .Chuck Hmdason�-I�kelmd Hi1L9 Stam � . . PAGESOF8 � . � . . � STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Charies A:Booth and Danielle E. Daskam were the pe_rsons who appeared before me, and said persans acknowledged that;they signed this instrument, on aath:stated that fhey were autfiorized to execute the instrument and acknowledged it asthe MAYOR and CITY CLERKbf the CITY OF AUBURN to be the free and voluntary a t eErch �t;es for the uses and purposes mentioned in this instrument. Dated � . + �— ��'p�N`n q� � �'��1� �!N'1?.G/r.Gl. /� • `'y��.2�.� T �':R� qY9: ri � a'' �BuC G'' r� Nota TP M A.rcL � • 8D�I c.°�� y�,o r - � ry ublic in and for the State of Washington ��1 �.:s-o3 .� ; Myappointmentexpires /O-9-Q3 ��`H'`��y�� STATE OF WASHINGTON) �s. County of King ) I certiiy that I know or have satisfacto,ry evidence that Ch,u,dc Henderson is the person who appeared before me, and said IndiVidual acknowledged that he signed this instrument and acknowledged it to be his free and Vbluntary act for the uses and purposes mentioned in this insVument Dated �� ._ . ��....� . /!>,R -- c� L P ��. ,1,�1 o i�C��SIOIV''�.�, � ^ •: � T �o: �l Publ' in an for the State of Washington �" � ; .o�N�TARY�i�,' �� residin at o i '� " °1' i My appointrnent expires % ' �C , i o �l� 7 A:'• � N ,1��`�I DH/bd REF. H:\TYPING\HENDERSON.DOC PAYBACK AGREEMENT#86 . . Chuck Hmdason -Iekel�d Hills Stmm - . �PAGE60F8 . G 41st ST SE �Q- �� ° QP I 4th ST SE Q- � �� Q� I � h�, 4 i ��j, �,` �� x�c� �O� z �� s �Y C� �� vzim-so.z �� '-L p waoo�o�m D m�u �'�e.�as B>�[S � A ON vE2 PL �'P� � i8. � J �.'1 ,9{- ¢ i' ir ° � SE -1 °° • 4 '} 5� � P �E � / � s °^„ 49�,b `�VS �:�� .i 'R, �.P`' ELAND� � s �.: '� w, , r � �_— � � ��a¢s Y ��. � �o me M ,�. r s +, e.in sr � �. ervnAa orvo �' ° NIC K£LAN` � f i M4h /LLS ' y s!, 1 e „i� orvs R i PL s � '�TM h. m 4rf 5 � � N 4ry O �p Ory• �y�� II C� 8 f (, � � 4Q'I ��1 r. '% , > ° K[NG COUNT �- n N" ��Iy _ . . Y '— °"°°` ' - e, PIERCE COUN c Ks _— �� -�� . 1 �.-t .�T Cv656 .� �' � � _" �.. . �Q �� (�`t `SYTH C�J �y J � cn �� n ��h C� � � c� o � ,�Q =� . �, � 1� �UQ� F,•, �' ' _ i;�� u J °� ° � C 3 �' s ,-��, 4�' �� . � �. � a� �_ � � .r „V n° � N]. Vr. . � .l �/: � < � n� �� gE } O ��LL POND DRIVE Su8BA51M ' ' � � � IJR6LMD NILLS �AY SUBBASIN � � E�SIF.RN BMMCH SUBBASIN � i �- � ��'-`` PROPERTIES IN P�Y9�CK BOUNOI.RY O YIIl PoM� SU6BASIH •PEA BENEPITINL iPOM THE PeYBeCI( V�KELIND DIVISIONS 5[slc 1' • �200' CV��T A OCTOBEP 2D00 ci� o�i LAKELAND F9LLS STOFiM PAIBACK I 2001 062 0001192 ' � Lakeland Hills Storm Drainage Payback Agreement-Exhibit B va�dl�bemw�on e�n �m 110 Pp�d dM DM 77 labltntl NIOS � lN�4nd HOb W YBI Paq XID I� Way PNt�0 MA WaP Ghn�G ON� F PhosN PYCN PrapMy Pmdl Ta1tlT�uUryAaasps:511A7 TobIT�uYryArnapr.lM7! ToWThbuYryllmyr.20S.71 TaWTAluteryACne{M:20S.i1 Tafal Mmbr Ow�w Ma ToblMbWayCmCf1,KS,a2031 ToltlT�uUryCwCf51�711/ TotlITrlOWOyCOtt:f�M,61t.�0 TobIT�WryCo,C 'u00,932.71 f��l � Cwt pw Cmt parFmol CM p�r Cost qr Pudl Ce�t pa Co�l par Fmul CoH per Coat p�r Pupl Ad� Aae Arn Aa� � Io+'b�wl 1�'�e.l rc��e.�� lo-+'b.wl 3/210&BO78 BaneAdd Dev 12.11 i 3.8026t S �3.818.SI { • � - i • i �3.828.52 712f05-BD�2 Le PIeMS LP 17.18 f 3.80337 t 81.8811D S 48Y.&/ S 3.030.98 f - i • i 88.B7Y.28 885SOD-0100 FWtroF&heal 1.87 ! J.802bt S 17.SN27 { - 6 - i - i f7.SND BBSS00-0OBS AuEum 9UOd pq 330 { 9.8Mbt S 77.528.08 s - s - s. • s 11.638.08 885500.0fOS tlrydAUbum 3.80 { 3,802.54 S 7T,989.07 3 • { - i - t t2,eeBA7 713f05-0008 �PoMaeMp f0.71 { 3.Bdl.St i 3&329.65 i . { - f 2A35.Y4 i N.893.33 { 81.7l79B 052008-1005 BprolMelpv OAS i 3,&Ylbt t t.BY1.t9 { - {JAW.70 S 7.875.82 = . t 3.Z18.93 052008-T013-ATBT OAS t 9.602lt i 3.0Y2.39 i - f9,3B0.i0 f AIH.i7 f - i BA33.SB . iqeh 5] f 7B9 U230 5.026AB f t1. 91.37 � ,60 REF: M:�DARGEViENDERSON EXHIBR B.XLB � PACaE B OF e