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HomeMy WebLinkAbout266311 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 �I 19 20 21 22 23 24 25 26 RESOLUTION NO. 2 6 6 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PAYBACK AGREEMENT BETWEEN THE CITY AND IVAN AND DELORES CHRISTIANSON. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Payback Agreement for Auburn Highland Mobile Home Park between the City and IVAN and DELORES CHRISTIANSON A copy of said Agreement is attached hereto and denominated Exhibit "A" and incorporated herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation DATED and SIGNED this 2 day of August, 1995. Resolution No. 2663 August S, 1995 Page 1 CITY OF AUBURN G- aaJ CHARLES A BOOTH MAYOR 1 ATTEST: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4Ie'bitt-- 4eh- I4ittett-r, Danielle E. Daskam, Deputy City Clerk APPROVED AS TO FORM Michael T, Reynolds, City Attorney Resolution No. 2663 August 8, 1995 Page 3 CITY CLERK'S OFFICE RFOPINIE® CITY OF AUBURN SEP 2 0199t 25 West Main Auburn, WA 98001 PAYBACK AGREEMENT KING COUNTY DEVELOPER'S EXTENSION RECORDER for Auburn Highland Mobile Home Park (058) 17- II Y�a N This Agreement made and entered into this 23rd day of August , 1995 , by and between the City of Auburn, a municipal corporation of the State of Washington, hereafter called the CITY and IVAN 6 DELORES CHRISTIANSON, whose address is 3330 East Valley Road, Renton, WA 98055, hereafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35 91 RCW et seq , the CITY has by Resolution No. 2663 adopted by the City Council of the CITY on the 22nd day of August , 1995 , approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and WHEREAS, the above - described DEVELOPER has offered and the CITY has agreed to accept a bill of sale found as Exhibit A, water facility, attached hereto as part of the utility system of the CITY; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS I. DEVELOPER The above - described DEVELOPER is the record OWNER of TA real property legally described as shown on Exhibit B rl submitted by the DEVELOPER and attached hereto The real property described is also known as the Plat of O C: Auburn Highland Mobile Home Park. C1 Map showing said property is attached hereto as Exhibit O C -1 �7 Q1 II FACILITIES The facilities which have been constructed by the DEVELOPER 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 0002 -93, originals on file at the office of the City 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 Payback Agreement Developer's Extension for Auburn Highland mobile Home Park (058) August? 1995 Page 1 of 6 Resolution No 2663 h 6 0 m 0 0 0 m 0 c 0 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 For a period of 15 years from date of recording of this Agreement in the office of the County Auditor of the County in which the real estate is located, any owner (latecomer) of real estate legally described in Section III, and which owner has not fully contributed their pro rata share to the original cost of the above - described facility, shall pay the amounts shown in Exhibit C -2 attached hereto This amount is based on $32.7317 per front foot for water main The charge herein represents the fair pro rata share of the cost eal of construction of said facilities payable by property r4 owned by the latecomer parcel shown in Exhibits C -1 and LEI C -2 Payment of the latecomers pro rata share is a O 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 O Upon the expiration of the 15 -year term of this 0) Agreement, any monies collected by the CITY will not be reimbursed to the DEVELOPER. V AMOUNT OF REIMBURSEMENT Water facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owner 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. The amount per parcel is shown in Exhibit C -2 attached hereto, and totaling to not more than $18,253.49 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 owner, 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 property which is 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 Payback Agreement Developer's Extension for Auburn Highland Mobile Home Park (058) August 7 1995 Page 2 of 6 r4 R-4 C1 O t� C2 G L7 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 adjusted Exhibits C -1 and C -2 shall govern reimbursement amounts to be received by the DEVELOPER. VI EFFECT OF AGREEMENT The provisions of this Agreement shall not be effective as to any owner of real estate not a party hereto unless this 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 0002 -93. 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 Pa)back Agreement Developer's Extension for Auburn Highland mobile Home Park (058) August 7, 1995 Page 3 of 6 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 fails 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 this Agreement. X COVENANT RUNNING WITH THE LAND 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 ri the CITY with confirmation thereof, but such recordation shall only be made after expiration of O review period specified in Section V CD N XI HOLD HARMLESS ) The DEVELOPER will indemnify and save the CITY and the C) 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 Ivan Christianson and /or Delores Christianson, 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. XI. CONSTITUTIONALITY OR INVALIDITY I£ 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, Payback Agreement Developer s E,-tension for Auburn Highland Mobile Home Park (058) August 7 1995 Page 4 of 6 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 G . 1 3 o0 M A Y O R ATTEST City Clerk PROVED TO FORM City Attorney STATE OF WASHINGTON) TA )ss COUNTY OF KING ) " � On this. a? day of Gufya d� 19,, before me O undersigned, a Notary Public in and for the State of Washington, duly commissior>dFt �sw , personally appeared Charles A Booth and G , �¢o me known to be the Mayor an$`yVfty 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. WASHINGTON, RESIDING AT MY COMMISSION EXPIRES Payback Agreement Developer's Extension for Auburn Highland mobile Home Park (058) August 7 1995 Page 5 of 6 rl G CD (`1 G L7 Q7 DEVELOPER: BY: Z.c.� � " i TITLE /oi I " , TITLE: (y �j ytQtii STATE OF WASHINGTON) ) ss COUNTY OF KING ) I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, hereby certify that on this day personally appeared before me S,jL,,, C�nnst,awlSen , to me known to be the individual(s) described in and who executed the foregoing instrument and acknowledged that{VNr signed and sealed the same as Ivan and Delores ChristiansonnZree and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and seal this day of 19�. WASHINGTON, RESIDING AT MY COMMISSION EXPIRES REF. H: \AGREE \PAYBACK \058 -1 \E95 -883 Payback Agreement Developer's Extension for Auburn Highland Mobile Home Park (058) August 7, 1995 Page 6 of 6 C Lk E OF O cz O O LO M a� d 0 •j r r ti ti EX H 61T A - BILL Ol SALL 25 We =t ?I r-AG 9 j (INDIVIDUAL) lubum. \'- '.;: -'1 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(s) do by these presents nereoy convey, Dovwy —s o••�y•r -- - - -- - - - - - -- to the City of Auburn, King County, Washington, a MUNICIPAL CORPORATION, the following public improvements tSAS LF 0 w►a�Rmkiwl vs; ` -� , FIRE es l.F 46 MAW HoLes Situated ith n the follow nq described real property: LaTg 3 ox-4 4 to 2 OF C•D V4%L- - Mh►-S AvB�Itt�sDAt BtpcK Dtvtstont I FeA PLRT R61-1R'0G.D U3 VoL 1a of PLPt= , PhGr- Wi RS .0AP-T of Ic-IMG co , wk3r4u a the sole owners of and the said Grantor(s) hereby warrant that j� .e er to le ow the all the property above conveyed; that they have full po Y same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto. {N WITNESS WHEREOF the Grantor(s) have executed these presents this ,2q r day of STATE OF WASHINGTON) ) ss. COUNTY OF KING ) CEIVED 191994 KING COUNTY RECORDER I, the undersigned, a Notary Public in and for the State of .Washington, duly commissioned and sworn, hereby certify that on this day personally appeared before me to me v - known to be the individual(), described in and who executed the foregoing instrument and acknowledged that 14- signed and sealed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and seal this _,2Cf_� day of 199 -2t. REF. H: \FORMS \FC089 NOTARY PUBLIC IN AND FOR • STATE d WASHINGTON, RESIDING AT ) MY COMMISSION EXPIRES q - 7 clk&L� EXHIBIT B LEGAL DESCRIPTION ----- ---------- ---- ---- - - ----- ----- - -T - --- LOTS 3 AND 4, BLOCK 2 OF C.D. HILLMAN'S AUBURNDALE PLAT, DIVISION NO 1, AS RECORDED IN VOL 13, PAGE 62, BOOK OF PLATS, KING COUNTY, WASHINGTON. r4 ri C`2 O C1 Q1 O D7 P-N 1, I I n IITI m i -1 ru 4TH PL (VF-) m L'i A x z t7 -- I i N O EXHIBIT C- I ► AIMURN IIIGHLANU N101311r1' 110NIF PAI:I\ W4 O cd O L7 q) EXIHIBIT C -2 Auburn Highland Mobile Home Park Payback FAC0002 -93 H: \DAVE\PAYBACKS W HMHP.XLS 8/4/95 Parcel FF for Charge per FF Parcel Water Main Charge 092105 -9133 70 $32.7317 2,291.22 092105 -9051 3767 $32.7317 1,233.00 092105 -9129 450 $32.7317 14,729.27 Front Footage 557.67 TOTAL =1 18,253.49 H: \DAVE\PAYBACKS W HMHP.XLS 8/4/95 CHARLES A. BOOTH, MAYOR / Victor Thompson, Finance Director I\ STATE OF WASHINGTON) ) ss COUNTY OF KING ) FINANCE DEPARTMENT 25 West Main, Auburn WA 98001 -4998 (206) 931 -3033 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 2663 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 11 I certify that said Resolution No 2663 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 22nd 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