HomeMy WebLinkAboutUntitled unit vAL
1 RESOLUTION NO. 2 6 6 1
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
4 PAYBACK AGREEMENT BETWEEN THE CITY AND DAVID E. WARMENHOVEN.
5 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
6 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
7 Section 1. The Mayor and City Clerk of the City of
8 Auburn are herewith authorized to execute a Payback Agreement
9 between the City and DAVID E. WARMENHOVEN. A copy of said
10 Agreement is attached hereto and denominated Exhibit "A" and
11 incorporated herein.
12 Section 2. The Mayor is hereby authorized to implement
13 such administrative procedures as may be necessary to carry
14 out the directives of this legislation.
15 DATED and SIGNED this 7th day of August, 1995.
16
17 CITY OF AUBURN
18
19
20 ✓ JlU7�4 G, ��ac
21 CHARLES A. BOOTH
MAYOR
22
23
24
25
26
Resolution No 2661
July 24, 1995
Page 1
1 ATTEST:
2
3
4 Rabi-[ry oliff,pgtEr, an e e is. Daskam, Deputy
City Clerk
5
6
7
8 APPROVED AS TO FORM:
9
10
11 AWI�chUa—el J. Reynolds,
city Attorney
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
_
Resolution No. 2661 W
July 24, 1995
Page 2
-3 iJ. 9
CITY CLERK'S OFFICE 0CITY OF AUBURN
25 West Main
Auburn, WA 98001 PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
for \
David E. Warmenhoven (060)
This Agreement made and entered into this 7th day of
August , 1995 , by and between the City of Auburn, a municipal
corporation of the State of Washington, hereafter called the CITY and
r DAVID E. WARMENHOVEN, whose address is 6318 South 239th Street, Apt. #
O
C' M-304, Kent, WA 98032 , hereafter referred to as DEVELOPER.
ei
WHEREAS, pursuant to Chapter 35.91 RCW et seq. , the CITY has by
Resolution No. 2661 adopted by the City Council of the CITY on the
7th day of August , 1995 , approved the execution of this
`^ Payback Agreement with the DEVELOPER above and referring to facilities
�2) described herein; and
WHEREAS, the above-described DEVELOPER has offered and the CITY
C
has agreed to accept a bill of sale found as Exhibits A, sanitary sewer
facility, attached hereto as part of the utility system of the CITY;
W
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS
HEREIN, THE PARTIES AGREE AS FOLLOWS:
D:
= 3
0
H I. DEVELOPER
U)
The above-described DEVELOPER is the record OWNER of real
property legally described as shown on Exhibit B submitted by
r the DEVELOPER and attached hereto.
Map showing said property is attached hereto as Exhibit C-1.
x
z II. FACILITIES
6
°
The facilities which have been constructed by the DEVELOPER
N herein are as shown in the attached Exhibit A, incorporated
° herein by these references, and processed as Developer Public
Facility Extension, Extensions herein referenced as FAC
number 0005-94 , originals on file at the office of the City
m
0
Payback Agreement Developer' s Extension for David E. Warmenhoven
July 14, 1995
Page 1 of 7
As _,?&6/ ��ti,`11
Engineer. The facilities have been constructed in accordance
with the ordinances and requirements of the CITY governing
the construction specifications for facilities of such type,
and have been approved by the City Engineer.
III. AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities constructed by the
DEVELOPER are shown on Exhibits C-1 and C-2 , which are by
this reference incorporated herein as if fully set forth
herein. Any owner of real estate legally described within
the benefit boundary as shown on the attached Exhibits C-1
and C-2 , shall pay as a condition for connecting to the
facilities, an amount as identified in Section V. All
property within the benefit boundary shall be subject to the
connection fee as provided in this agreement as a condition
of issuance of the connection permit by the CITY.
IV. TERM
TVFor a period of 15 g
.,� p years from date of recording of this
Agreement in the office of the County Auditor of the County
0 in which the real estate is located, any owner (latecomer) of
1.4 real estate legally described in Section III , and which owner
Chas not fully contributed their pro rata share to the
0 original cost of the above-described facility, shall pay to
the CITY the amounts shown in Exhibit C-2 attached hereto.
These amounts are based on $56. 10 per front foot for sanitary
sewer. In addition, Parcel No. 221240-600 shall pay $757. 67
for one side sewer installation. Parcels 052105-9103 and
052105-9112 shall each pay $1, 407 . 14 for one half (1/2) the
cost, for a sanitary sewer manhole. The charge herein
represents the fair pro rata share of the cost of
construction of said facilities payable by properties owned
by latecomer parcels shown in Exhibits C-1 and C-2 . Payment
of the latecomers pro rata share is a condition of issuance
of the connection permit by the CITY. The CITY shall
reimburse the DEVELOPER at six (6) month intervals any such
amounts collected.
Upon the expiration of the 15-year term of this Agreement,
any monies collected by the CITY will not be reimbursed to
the DEVELOPER.
V. AMOUNT OF REIMBURSEMENT
Sanitary sewer collection facilities: The DEVELOPER, his
successors, heirs and assigns, agrees that the amounts which
the DEVELOPER is reimbursed from the property owners as
specified in Section III of the Agreement, represents a fair
pro rata share reimbursement for the DEVELOPER'S construction
of the facilities described in Section II of this Agreement.
----------------------------------------------------------------
Payback Agreement Developer's Extension for David E. Warmenhoven
July 14, 1995
Page 2 of 7
The amounts per parcel are separately itemized as shown in
Exhibit C-2 attached hereto, and totaling to not more than
$29,226.24 in full amount.
Prior to recordation by the DEVELOPER as described in Section
X, the CITY, at the written request of the DEVELOPER, 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 allocation of costs to be levied
against the properties which are payable prior to connection
to the systems. The property owner shall have the right to a
review of the costs with the City Engineer within 21 days
from the date of said notice for the purpose of requesting an
adjustment in the allocation of the charge to the property.
If the City Engineer, upon requested review by 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 and the DEVELOPER will be notified of
the adjusted amount(s) prior to recordation. The resulting
ri adjusted Exhibits C-1 and C-2 shall govern reimbursement
amounts to be received by the DEVELOPER.
r7
VI. EFFECT OF AGREEMENT
74
The provisions of this Agreement shall not be effective as to
G any owner of real estate not a party hereto unless this
n Agreement has been recorded in the office of the County
Auditor of the County in which the real estate is located
prior to the time such owner receives a permit to tap into or
connect to said facilities.
If for any reason, the CITY fails to secure a latecomer
payment for Owner' s fair pro rata share of the cost of the
facilities, before connection to the extension, the CITY is
not liable for payment to the DEVELOPER.
The entire responsibility for notices, recordation and
completion of this agreement is upon the DEVELOPER, who
agrees to do all and to hold the CITY harmless.
VII. OWNERSHIP OF FACILITY
The DEVELOPER has constructed the facilities described in
Section II of this Agreement, which facilities have been
accepted by the CITY as satisfactory.
The facilities have become a part of the municipal system of
the CITY. All maintenance and operation costs of said
facility shall be borne by the CITY, except as noted
otherwise in FAC number 0005-94 .
----------------------------------------------------------------
Payback Agreement Developer's Extension for David E. Warmenhoven
July 14, 1995
Page 3 of 7
VIII. UNAUTHORIZED CONNECTION
Whenever any connection 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 unauthorized connections
and all connecting lines or pipes located in the facility's
right-of-way. The CITY shall incur no liability for any
damage to any person or property resulting from removal of
the unauthorized connection.
IX. CURRENT ADDRESS & TELEPHONE NUMBER
The DEVELOPER shall keep a current record of his/her address
and telephone number on file with the City Engineer of the
CITY, and shall within 30 days of any change of said address
and/or telephone number, notify the City Engineer of the CITY
in writing. If the DEVELOPER falls to do so, the parties
agree that the CITY may authorize connections resulting
therefrom and not incur any liability for the non-collection
and/or non-reimbursement of charges to the DEVELOPER under
p this Agreement.
C
X. COVENANT RUNNING WITH THE LAND
O
This Agreement shall be binding on the DEVELOPER, its
successors, heirs and assigns and shall so be binding on the
legal owners of all properties described within the benefit
boundary of the area as shown in the attached Exhibits C-1
and C-2 , their successors, heirs and assigns. The DEVELOPER
agrees to pay all fees for recording this Agreement with the
County Auditor. The DEVELOPER shall make the actual
recording and provide the CITY with confirmation thereof, but
such recordation shall only be made after expiration of
review period specified in Section V.
XI. HOLD HARMLESS
The DEVELOPER will indemnify and save the CITY and the CITY'S
officials and agents harmless from all claims and costs of
defense, arising out of this agreement, as a result of
actions, misconduct or breach of contract by David E.
Warmenhoven, including but not limited to attorney' s fees,
expert witness fees, and the cost of the services of
engineering and other personnel who' s time is reasonably
devoted to the preparation and attendance of depositions,
hearings, arbitration proceedings, settlement conferences and
trials growing out of the demands and/or actions of property
owners incurred in the performance or completion of this
Agreement.
----------------------------------------------------------------
Payback Agreement Developer's Extension for David E. Warmenhoven
July 14, 1995
Page 4 of 7
XI. CONSTITUTIONALITY OR INVALIDITY
If any section, subsection, clause or phrase of this
Agreement is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the
remaining portions of this Agreement, as it being hereby
expressly declared that this Agreement and each section,
subsection, sentence, clause and phrase hereof would have
been 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 AU RN
\,1hA.7U.l,YCi Ud�o I
M A Y O R
ATTEST::
City Clerk
MPO TO FORM:
City Attorney
N
S
O
INC,
r'1
Ti
O
�7
01
----------------------------------------------------------------
Payback Agreement Developer's Extension for David E. Warmenhoven
July 14, 1995
Page 5 of 7
STATE OF WASHINGTON)
) ss.
COUNTY OF KING ) //
On this day of v 1qz,�L, before me
undersigned, a Notary Public ' n and for the State of Washington, duly
commissioned and sworn, perso ally appeare �i�arles A. Booth and //` t
7��5X'AM Woh-lhueter-, to me known to be the Mayor an ✓City Clerk, respectively, ""
of the City of Auburn, a municipal corporation, and the corporation
that executed the 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 they are authorized to execute the said instrument and that
the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year
first above written.
NOTARY NOTARY PUBLIC IN AND FOR THE STATE OF
�(P PUBLIC„pp�2Z WASHINGTON, RESIDING AT
I�4�t�°A.CH9:��fr(�,,��,• MY COMMISSION EXPIRES
LO
DEVELOPE .
BY:
4 0,M �
BY:
TITLE• az”Z4�e TITLE:
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and swo�r , hereby tify that on this
day personally appeared before me
i� k W&,(&vwk"wcy. , to me known-to be the individual (s) described
in and who executed the foregoing instrument and acknowledged that jaf.-
signed and sealed the same as David E. Warmenhoven, free and voluntary
act and deed for the uses and purposes therein mentioned.
----------------------------------------------------------------
Payback Agreement Developer's Extension for David E Warmenhoven
July 14, 1995
Page 6 of 7
IVEN under my hand and seal this day of l ,
197e
NOTARY PUBLFIC IN AND FO HE STATE OF
WASHINGTON, RESIDING AT -i � e_ r�C
V 9m:N
E
MY COMMISSION EXPIRES C
°2.
C�fp .
,•; i J,X99' , _ ,�OpUIgI1I
R L
WASN� E Fl�-��
l NOTARY ';
Attachments PUBLIC ?
O.
REF. H: \AGREE\PAYBACK\` ,( i
O
�-1
O
----------------------------------------------------------------
Payback Agreement Developer's Extension for David E. Warmenhoven
July 14, 1995
Page 7 of 7
BILL OF BALE EXHIBIT A
(INDIVIDUAL)
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the
sum of ONE DOLLAR ($1 . 00) and other good and sufficient consideration,
receipt whereof is hereby acknowledged, the undersigned Grantor
l>a 0 d l�Y r rr� r�av-c .
do by these presents hereby convey, setover, assign, transfer an warrant
to the City of Auburn, King County, Washington, a MUNICIPAL CORPORATION,
the following public improvements a-pVrozina{c( 32 C
Sa�i r 1n- Sclw?,� 9 all, a wY�t-,••4 n -P 5--
Situated th n the following descr bed real property
UOT 5 Ss�slv;tic� Vyaoa,r At<o4," +o 'hie 1 \ar ) v�2YOF ✓ e corcleQ� ivN
0olu✓11-� (0T6 a- - P\4' 1 1 C(�CS S14gv�4 '�S i /A -e-
' ti '\� u U-as1�i"�^
and the said Grantor� tlereby warrant that �� the sole owners of
all the property above conveyed; that they have full power to convey the
same and that they will defend the title of the said Grantee against any
and all persons lawfully making claim thereto, and indemnify the City of
Auburn for any costs, including Attorney fees in defending title.
,,IN WITNESS WH REOF the Grantors) have e.*ecuted these presents this
S— day of f 19'� .
0
v�
STATE OF WASHINGTON)
) SS.
COUNTY OF KING )
I, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, hereb certify that on this day
personally appeared before me 4atl
to me
known to be the individual (s) descr bed in and who executed the foregoing
instrument and acknowledged that signed and sealed the same as
free and voluntary act and deed for the uses and purposes therein
mentioned.
19 VEN under my hand and seal this 3& day offjjJU,q�y ,
NOTARY PUBLIC IN AND FOR E TATE F
WASHINGTON, RESIDING AT
� ~ MY COMMISSION EXPIRES
PUBUG
�It,OF
REF. H: \FORMS\FC089
EXHIBIT B
LEGAL DESCRIPTION
------------------------------------------------------------
LOT 5, EASTRIDGE MANOR, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 68 OF PLATS, PAGES 84 AND 85 IN KING
COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
O
C
rl
O
H: \DAVE\LDWARM.DOC
y�Uri14U9
108T qV S . ,
�
�
—i
_
�
�b�?,
�
a
111 H VE SE
��€�t
�� �(
� Ei
(�� E(
' { ,a CI e
I�i � €{ i � � �
112 T H A V E S� �, ��I� ;,�fl��, � � � ,
f�€£���� � � � �
;t��, #� � �-�„�; �,,.. '
€ I�� } � f..�£� � iiE�'I 3 J� �S'(�'
E��; ���i�i�� ������� �� f=€� �j'��������� ;J��
j ! i !3!
��3! f{���E�� € !€�� �i���{ ��j��(4�{�( i�t.
Jl^ t�I 1���( � F���!, ��Yt �$��((�3�j{k�,t �;�}E
C` ` i �i��{���[ �� r 3>t g#g#g#l�E��(I�� �{���fkji{3 ;Z1
` � ;�y� i��;€;�{ �� {`r�t��y�iF�{ ��3f��k��3�
of �;t� ;� � �} �t{ °�� } ��� ����
%f i €
�� if = �� ' � ��; � .I
9 � � � �� <<�� ;
� � ,
��� i � � �� ( �_ ', � ��i i =
� � � i � � ���� 3 (
� i � i # (f€ �,�': '� t�I(i��r��
�a � i���� � i��(f+���>�� ���€�t�{�'���I���;
��� � � ` '#;!�� �i5tb 1P��f3 =f€f
r'_i t� i �(' ° � � � � ����t 13i ��;�� �
� �� g� # �� �� ��3 �; ��
�� � ll f� 1� � � i�l �� �
114 T H P L � � ������
�S
� �����
a�
w �
0
�.
a
116TH A E SE
EXHIBIT C - 1 P�y��,� �N c
� �-• PAYBACK BOUtNARY
s� �� _ �o•
WARMENHOVEN PAYBACK
FAC0005-94
EXIHIBIT C-2
David E. Warmenhoven Payback
FAC0005-94
c�
0
0
:n
Parcel FF for Charge per FF Other Parcel
Sanitary Sewer Charges Charge
052105-9103 165 $5610 $1,407 14 Manhole $10,66380
052105-9112 165 $5610 $1,407 14 Manhole $10,66380
221240-0060 85 $56.10 $757.67 Side Sewer $5,52617
052105-9051 4229 $5610 $2,37247
Front Footage 457.291 TOTAL =1 $29,226_94
H'\DAVE\PAYBACKSIWARM.XLS
7/20/95
CHARLES A BOOTH, MAYOR FINANCE DEPARTMENT
Victor Thompson, Finance Director 25 West Main, Auburn WA 98001-4998
(206) 931-3033
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code
City, situate in the County of King, State of Washington, do
hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 2661 of the resolutions of the City of
Auburn, entitled "RESOLUTION NO. "
I certify that said Resolution No. 2661 was duly passed by
the Council and approved by the Mayor of the said City of Auburn,
on the 7th day of August, 1995.
Witness my hand and the seal of the City of Auburn this 13th
day of October, 1995.
Robin Wohlhueter
City Clerk
City of Auburn