HomeMy WebLinkAbout2664 1 RESOLUTION NO. 2 6 6 4
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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 ANN ANDREWS
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 for Cimarron Place between the City and ANN ANDREWS A copy
10 of said Agreement is attached hereto and denominated Exhibit
11 "A" and 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
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15 DATED and SIGNED this a day of August, 1995
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CITY OF AUBURN
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20 1 G boo
21 CHARLES A BOOTH
MAYOR
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Resolution No. 2664
August 8, 1995
Page 1
1 ATTEST:
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4 Rubin-Wiutrthaeter, Danie e Daskam, Deputy
City Clerk
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8 APPROVED AS TO FORM
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11 Michael J Reynolds,
City Attorney
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Resolution No. 2664
August 8, 1995
Page 2
CITY CtpRK'S OFFICE jn// �
CITY OF AU13t-'CIN
25 West PA3'in — ARtia 1AI
Auburn, WA °8001
PAYBACK AGREEMENT ti
DEVELOPER'S EXTENSION SEP 2 01995 ti
for ti
Cimarron Place (059) KINLi COUNTY
This Agreement made and entered into this ORDER of o
August 1995 , by and between the City of Auburn, a x
municipal corporation of the State of Washington, hereafter
called the CITY and ANN ANDREWS, whose address is 627 - 13th n
Avenue, P.O. Box 158, Hampton, Illinois 61256, hereafter
referred to as DEVELOPER
WHEREAS, pursuant to Chapter 35 91 RCW et seq , the CITY has
by Resolution No. 2664 adopted by the City Council of the o
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 g
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
I DEVELOPER
The above-described DEVELOPER is the record OWNER of
real property legally described as shown on Exhibit B
submitted by the DEVELOPER and attached hereto The
real property described is also known as the Plat of
G Cimarron Place.
tD
C2 Map showing said property is attached hereto as Exhibit
G
C-1
t.7
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 0006-91,
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
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Payback Agreement Developer's Extension for Ann Andrews
August 7, 1995
Page 1 of 6
Resolution No 2664
i t
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
$41. 066 per front foot for water main The charge
herein represents the fair pro rata share of the cost
of construction of said facilities payable by property
owned by the latecomer parcel shown in Exhibits C-1 and
C-2 Payment of the latecomers pro rata share is a
N 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
CD
Upon the expiration of the 15-year term of this
Agreement, any monies collected by the CITY will not be
7 reimbursed to the DEVELOPER
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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 $9,239 .85 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
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Payback Agreement Developer's Extension for Ann Andrews
August 7, 1995
Page 2 of 6
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
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CITY is not liable for payment to the DEVELOPER.
O The entire responsibility for notices, recordation and
completion of this agreement is upon the DEVELOPER, who
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agrees to do all and to hold the CITY harmless
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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 0006-91
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
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Payback Agreement Developer s Extension for Ann Andrews
August 7, 1995
Page 3 of 6
r t
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
Grecordation shall only be made after expiration of
t� review period specified in Section V
Cq
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XI HOLD HARMLESS
L/I
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 Ann Andrews, 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
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,
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Payback Agreement Developer's Extension for Ann Andrews
August 7, 1995
Page 4 of 6
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 UBURN
M A Y O R
ATTEST
City Clerk
/ PROVED S 0 FORM
City Attorney
STATE OF WASHINGTON)
) ss
C4 COUNTY OF KING )
O //�� q
On this v?o2 day of (.GC[_ 19 /� before me
undersigned, a Notary Public Nn and for the State of Washington,
O duly commissioged.,#nd s4w�n, personally appeared Chileas A. Booth
and do m`e` known to be the Mayor annuity 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.
M t cha,Oa- :5.
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT �yG(lvyt
MY COMMISSION EXPIRES D/ -rj�-�($
Payback Agreement Developer's Extension for Ann Andrews
August 7, 1995
Page 5 of 6
DEVELOPER:
BY 4,(jyyy� LYSm r/ c1�
TITLE: �/CCt72Fi(,
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- I i;:i rko' I. , ,
to me known to be the individual (s) described in and who executed
~ the foregoing instrument and acknowledged that -L,?, signed and
p� sealed the same as Ann Andrews free and voluntary act and deed
for the uses and purposes therein mentioned
p GIVEN under my hand and seal this Z day of E�_ r• � �
:.7 19'�'>
..........'••., ��,� NOTARY'"PUBLIC IN AND FOR THE STATE OF
o.�� O• 0 Z WASHINGTON, RESIDING AT „ , L
NOTARY ` MY COMMISSION EXPIRES 1 c, I L, C;
PUBLIC ?:e
b9 q0��•,
0 �e\AGREE\PAYBACK\059-1\E95-882
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Payback Agreement Developer's Extension for Ann Andrews
August 7, 1995
Page 6 of 6
Ex i BIT 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(s)
Adas
o by theAse nn prneresents hereby convey, setover, assign, transfer and warrant
to the city of Auburn, King County, Washington, a MUNICIPAL CORPORATION,
the following public improvements Approximately 721 L.F 8" wxtorlinP
21 L. F. 12" xaterline and 6 "
S tuated w th n the follow nq descr bed real property: appurtenances.
O
CD
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O and the said Grantor(s) hereby warrant thatshe _ Is/are the sole owners of
`l 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. -
IN WITNESS WHEREOF the Grantor(s) have executed these presents this
� 7th day of June , 19 4
Vrpp -r�
e •.� iv35
3340-0k31 -00
? 0130 0l
r7
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STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, the undersigned, a Notary Public in and for the State of
8
^ Washington, duly commissioned and sworn, hereby certify that on this day
personally appeared before me / Y1-vt Q YCC�icc��a
5 , to me
g known to be the individual(s) described in and who executed the foregoing
8
instrument and acknowledged that__ signed and sealed the same as
" free and voluntary act and deed for the uses and purposes therein
Y mentioned.
g GIVEN under my hand and seal this or day of Lumz
0 1934.
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT
MY COMMISSION EXPIRES �� 7
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EXIHIBIT C-2
Cimarron Place Payback
FAC0006-91
0
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Parcel FF for Charge per FF Parcel
Water Main Charge
092105-9133 225 $41 066 $9,23985
Front Footaqei 2251 TOTAL = $9,23985
HADAVETAYBAC KS\CIMAR RO N XLS
8!6!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 2664 of the resolutions of the City of
Auburn, entitled "RESOLUTION NO "
I certify that said Resolution No 2664 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