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1 RESOLUTION NO. 2 6 6 6
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 WILLIAM M GOODWIN,
SHARON M GOODWIN AND JERRY C KNUDSON.
5
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT
8 section 1. The Mayor and City Clerk of the City of
9 Auburn are herewith authorized to execute a Payback Agreement
10 for Arbor View between the City and WILLIAM W GOODWIN, SHARON
11 M GOODWIN and JERRY C KNUDSON. A copy of said Agreement is
12 attached hereto and denominated Exhibit "A" and incorporated
13 herein.
14 Section 2 . The Mayor is hereby authorized to implement
15 such administrative procedures as may be necessary to carry
16 out the directives of this legislation.
17 DATED and SIGNED this 5th day of September, 1995
18
19 CITY OF AUBURN
20
21 n
22 �L Gc
CHARLES A. BOOTH
23 MAYOR
24
25
26
Resolution No. 2666
August 23, 1995
Page 1
1 ATTEST:
2
3
nt k IL
4 Robin Wohlhueter,
City Clerk
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8 APPROVED AS TO FORM:
9 LLD10
11 Michael J Reynolds,
City Attorney
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Resolution No. 2666
August 23, 1995
Page 2
Cii? CLERK'S OFFICE I RECEIVED i "1%
IV
CITY OF AUBURN i FEB 8 1996
25 West Main
Auburn, WA 98001 PAYBACK AGREEME KING COL)NTY
DEVELOPER'S E%TENS ON R
for
Arbor view (056) OiTâi4I4L L
This Agreement�de and entered into this /lam day of
/Wl /x.a ), 19c7 , by and between the City of Auburn, a municipal
corporation of the State of Washington, hereafter called the CITY and
WILLIAM M. & SHARON M. GOODWIN, whose address is 25018 - 104th Ave.
S.E. , Suite C, Kent, WA 98031; and JERRY C. KNUDSON, whose address is
6402 South 144th Street, Tukwila, WA 98168, hereafter referred to as
DEVELOPER
WHEREAS, pursua t to Chapter 35.91 RCW et seq. , the CITY has by
Resolution No 02 Co o adopter} by th ,City Council of the CITY on the
,�/l day of �l,Iye,�C.L4_ l , 19'75, approved the execution of this
Payback Agreement + ith 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 and
sanitary sewer facilities, attached hereto as part of the utility
N systems of the CITY;
ei NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS
C") HEREIN, THE PARTIES AGREE AS FOLLOWS:
CD
"4 I. DEVELOPER
I'1
O
The above-described DEVELOPER is the record OWNER of real
Up property legally described as shown on Exhibit B submitted by
Cr) the DEVELOPER and attached hereto The real property
described is also known as the Plat of Arbor View, King
County, Washington
o Map showing said property is attached hereto as Exhibit C-i
M1
II. FACILITIES
The facilities which have been constructed by the DEVELOPER
M herein are as shown in the attached Exhibit A, incorporated
o herein by these references, and processed as Developer Public
Facility Extension, Extensions herein referenced as FAC
number 0001-93, 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.
z 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
o 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
N
• Payback Agreement Developer's Extension for Arbor View
> August 21, 1995
a Page 1 of6 Exhibit "A"
"4.. Resolution 2666
2C,14
and C-2 , shall pay as a condition for connecting to the
facilities, an amount as identified in Section V. All
properties 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. These amounts
are based on $31.45 per front foot for water and $33.39 per
front foot for sanitary sewer 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
V/ at six (6) month intervals any such amounts collected.
CD Upon the expiration of the 15-year term of this Agreement,
H any monies collected by the CITY will not be reimbursed to
04 the DEVELOPER
04
Q V. AMOUNT OF REIMBURSEMENT
0 Sanitary sewer collection and water 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. The amounts per parcel are
separately itemized as shown in Exhibit C-2 attached hereto,
and totaling to not more than $ 40, 188.56 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.
Payback Agreement Developer's Extension for Arbor View
August 21, 1995
Page 2 of 6
2.C4(
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.
r4VII OWNERSHIP OF FACILITY
Q The DEVELOPER has constructed the facilities described in
ri Section II of this Agreement, which facilities have been
04 accepted by the CITY as satisfactory
04
CD The facilities have become a part of the municipal system of
CI the CITY All maintenance and operation costs of said
facility shall be borne by the CITY, except as noted
otherwise in FAC number 0001-93 .
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
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
Payback Agreement Developer's Extension for Arbor View
August 21, 1995
Page 3 of 6
� � ��
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 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
V, officials and agents harmless from all claims and costs of
vl defense, arising out of this agreement, as a result of
CD actions, misconduct or breach of contract by William M.
Goodwin, Sharon M. Goodwin, and/or Jerry C. Knudson,
(� including but not limited to attorney's fees, expert witness
CS? fees, and the cost of the services of engineering and other
personnel who's time is reasonably devoted to the preparation
CD and attendance of depositions, hearings, arbitration
Cn 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, proposed, adopted and approved and ratified
Payback Agreement Developer's Extension for Arbor View
August 21, 1995
Page 4 of 6
,P&-- X 66 41
irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
CITY OF AUBURN
M A Y O R
ATTEST:
City Clerk
AP ROVED
, j(
City Attorney
V)
r4 OWNERS:
Ct
eq w'
? Liam M. Goodw'
cS � ui�
Q) a on M. Goddwin
J rry �C. Knudson
Payback Agreement Developer's Extension for Arbor View
August 2!, 1995
Page 5 of 6
c M
PrrrnIF0
STATE OF WASHINGTON) FEB 8 1996 f
ss. KING COUNTY
COUNTY OF KING ) RECORDER
On this 5-C4 day of 4/asc4e.ekr , 199C, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared CHARLES A BOOTH and ROBIN
WOHLHUETER, to me known to be the person who signed as MAYOR and CITY
CLERK of the CITY OF AUBURN, the municipal corporation that executed
the within and foregoing instrument, and acknowledged 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 he was
duly elected, qualified and acting as said officer of the corporation,
that he was authorized to execute said instrument and that the seal
affixed, if ssotpynrjythe corporate seal of said corporation.
B •4
i' �(�dion i•
WITtk 'dild official seal hereto a fixed the day and year
in this jerY Ficacg�Mb%ve written.
u NOTARY Ili
•
+Y /p
vol isfP
C7 •••••� WASO..•` TARY PUBLIC in and for the S ate of
o 4.uu0f` Washington, residing at '/l"i""]_
vi My appointment expires 3,7y/yy
CD STATE OF WASHINGTON)
Cr) ) ss.
COUNTY OF KING
I, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, ,}h�er�-eby ce tify thhaatoon is
sa
day personally appeared before me (M((i,ty� s%Yl
SSA . 6 .--\ , to me known to be the individual n.) described
in and who executed the foregoing instrument and acknowledged that
signed and sealed the same as William M Goodwin, Sharon M Goodwin,
and Jerry C Knudson, free and voluntary act and deed for the uses and
purposes therein mentioned
19q GIVEN under my hand and e 1 this day of CI (,[.c_ST ,
• QQ �\SOn Eyg9 C�: �arotrite- /��y
It U o NOTARY u, NOTARY UBLIC IN AND FOR Ft HE STATE OF
WASHINGTON, RESIDING AT
Nc 1, PUBUO ,q O t MY COMMISSION EXPIRES 47;17 t, visEP9'
Attac1$ 50W °ptAkv-s,•
,,,,,, Juno
REF. H: \AGREE\PAYBACK\056-1\E95-932
Payback Agreement Developer's Extension for Arbor View
August 21, 1995
Page 6 of 6
ac,c, �
. ITY CLERK'S eiplCE r
EXHIsrr A r
CITY OF AUS V4
I5 West Main DILL Of BALD
auoum. WA 9E001 -
(INDIVIDUAL) F e.0.03( .rk 3
KNOW ALL MEN BY THESE PRESENT,$ 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) a
/ .• " . .,.' �� _ �-
do .y -t ass pr -sents hereby convey, setov- , ass gn, transfer and wa rrant
to the City of Auburn, King County, Washington, a MUNICIPAL CORPORATION,
the following public improvements 674 r 0001 -13 /,I it 4F eP i "
Situated within/ the follo ng described re p opertyi
4,„.1. 7 t koe c A « .il r...,c A b t.a....tar ,, . n - . C.15► .i S.. , of va,w,'
,}.....0.7, 7_ 74. "Mind.F Re eonld .r- Lied ....e t 3 s p Pl+tt1 /ere d 1- ,x ■47 �^^
ray
and the said Grantor(s) hereby warrant that 7t Se/are the sole owners e
all the property above conveyed; that they hav4 full-16wer 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 Crantor(s) have executed these presents this 8
/2 day of IL/. , 19.21_.
/ j / _
- i. .-. z
c•�. ,� /,�• c
c
In STATE OP WASHINGTON) p
r4 ) es. CC x
OCOUNTY OF KING )
N I, the undersigned, a Notary Public in and for the State of
GOWashington, duly commissioned and sworn, hereby certify that on this day
Cn
personally appeared before me 114 //,,. .• 44 s3i1e4..•..v
,Ze_m_ a +i K'1 _6dojw,,. Jet►., C`. /e,-.JV•+kan. _.- , to no
known to be the individual (s) described 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 a
mentioned.
GIVEN under my hand and seal this 414 day of ,
(..__ ' ..
4/7-/r1A- O ' tt /
2,I,BY PUBLIC IN AND FOR THE STATF or
EXHIBIT B
LEGAL DESCRIPTION
LOT 7 , BLOCK 1 OF C.D. HILLMAN' S AUBURNDALE PLAT,
DIVISION NO. 1, AS RECORDED IN VOL. 13, PAGE
62, BOOK OF PLATS, KING COUNTY, WASHINGTON.
ALSO KNOWN AS THE PLAT OF ARBOR VIEW.
CO
O
N
N
O
CD
C,
/6- 01-6047.67
EXIHIBIT C-2
Arbor View Payback
FAC0001-93
Parcel FF for Charge per FF Parcel
to Water Main Charge
333940-0030 484 $31 45 $15,221.80
333940-0069 140 $31 45 $4,403.00
333940-0070 140 $31 45 $4,403.00
tip Front Footage 764 TOTAL = $24,027.80
(7)
Parcel FF for Charge per FF Parcel
Sanitary Sewer Charge
333940-0030 484 $33.39 $16,160 76
Front Footage 484 TOTAL = $16,160.76
Total for Water and Sanitary Sewer $40,188.56
H:'DAVEVARBOR.XLS
8/24195
,Comma- 1la��
C s1:
OFFICE OF THE MA}'ON CITY ADMINISTRATION
CHARLES A. BOOTH. MAYOR
25 WEST MAIN, AUBURN, WA 98001-4998
(206) 931-3041
`' at
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. 2666 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2666 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 5th day of September, 1995
Witness my hand and the seal of the City of Auburn this 20th day of March, 1996
Robin Wohlhueter
City Clerk
City of Auburn
3 , 3. 5
,
APR 1 7 2000 )
CITY OF AG'C,
CITY 0.
AFTER RECORDING MAII. TOCLERKs
: II 11 I 111 11 III I I
Name City of Auburn
Address 25 West Main 20000316001238
City/State Auburn, WA 98001 PAcET001ERIC002MISC 9 00
KING6COUNTY, UR1
Document Title(s): (or transactions contained therein)
I. Utilities Reimbursement Agreement • First American Title
2. Satisfaction Insurance Company
3. 'L
4, - ST AS
Reference Number(s) of Documents assigned or released. `M
9510190783 , \ \ \ Q L
9602210315
❑ Additional numbers on page of document (this spare for title tympany we only)
m Grantor(s): (Last name first,then tint name and initials)
M I. Plat of Royal Hills
CV 2.
o 3.
° 4.
Co
5. ❑ Additional names on page of document
en
Grantee(s):
(Last name first,then first name and initials)
1.
2.
0
3.
4.
5. ❑ Additional names on page of document
Abbreviated Legal Description as follows: (i.e. lot/block/plat or section/township/range/quarter/quarter)
❑ Complete legal description is on page of document
Assessor's Property Tax Parcel /Account Number(s):
NOTE. Thr auditor/recorder will,sly on the info,matron on the form. The stuff will nor read the document cc verify the
accuracy or completeness of the indexing information provided herein.
•
March 15, 2000
GEORGEAN MOORE
FIRST AMERICAN TITLE INSURANCE COMPANY
2101 FOURTH AVENUE SUITE 800 is! AM
SEATTLE WA 98121 ‘M—
FAX
(206)448-6349
uttm•rvn^" rr,,^T,ING ONLY.
RE. Plat of Royal Hills ^; '.,1:1 .Ayo,
MU NSW; COMPANY
Dear Georgean:
The Plat of Royal Hills has satisfied both the Utilities Reimbursement Agreements,
co
Cr, which were recorded against the properties. The Chaffey Corporation Agreement
v which was recorded on October 19, 1995, recording number 9510190783 and the
William and Sharon Goodwin Agreement which was recorded February 21, 1996,
tO recording number 9602210315 were both paid on January 14, 1999
The Street Improvement Delay Agreement recorded September 2, 1997 between
Harbour Homes by Geonerco Inc. and the City of Auburn, is still an issue and will be
until the agreement is fulfilled or expires, whichever happens first.
If you have any other questions, please contact me at (253) 804-5064
Sincerely,
Ci{ Q -1A71
Darcie Hanson
Utilities Technician
Department of Public Works
DH/bd
REF H'\ENGINEER\E00\E00-245