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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:
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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-
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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
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C: Auburn Highland Mobile Home Park.
C1
Map showing said property is attached hereto as Exhibit
O C -1
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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
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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
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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
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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
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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.
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EXHIBIT C- I
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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