HomeMy WebLinkAbout2685 ta r:
1 RESOLUTION NO. 2 6 8 5
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 RANDALL S. GOODWIN.
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
Developer' s Extension between the City and RANDALL S GOODWIN
10
A copy of said Agreement is attached hereto and denominated
11
Exhibit "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
15
DATED and SIGNED this day of December, 1995
16
17
CITY OF AUBURN
18
19 ' (/�//1
20 (l .IBS (Lila)V it �/
21 CHARLES A BOOTH
MAYOR
22
23
24
25
26
Resolution No. 2685
November 20, 1995
Page 1
1 ATTEST
2
4 Robin Wohlhueter,
City Clerk
5
6
7
8 APPROVED AS TO FORM
9 n
10 R\
11 Michael J Reynolds,
City Attorney
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Resolution No. 2685
November 20, 1995
Page 2
i
/lh
3/4. RECO
CITY CLERKS OFFICE 1Q r�
CITY OF AUBURN �E6 (..�
PAYBACK AGREEMENT
25 West Main DEVELOPERS EXTENSION
Auburn, WA 98001 for KgEGO:DEP'-^mil
Randall S. Goodwin (066)
di This Agr ement 9de and entered into this j� / day of
At07247JUi)., 19 6, by and between the City of Auburn, a
municipal corporation of the State of Washington, hereafter
called the CITY and RANDALL S. GOODWIN, whose address is 11290
S.E. 294th Street, Auburn, WA 98092, hereafter referred to as
DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq. , the CITY has
by Resolution No. 2 b4L5 adopted by the City Council of the
CITY on the 411. day of -becerv-h , 1915 , 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
m CITY has agreed to accept a bill of sale found as Exhibit A,
water facility, attached hereto as part of the utility system of
CO the CITY;
eD NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
fl
I. DEVELOPER
CD
01 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.
Map showing said property is attached hereto as Exhibit
C-1.
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 0026-92 ,
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.
x III. AREA OF FACILITY SERVICE BENEFIT
oThe 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
Payback Agreement Developer's Extension for Randall S. Goodwin(066)
November 14, 1995
Pagelof6 CCS c2 �'f
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
$ 22 .94 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
C'1 condition of issuance of the connection permit by the
CITY. The CITY shall reimburse the DEVELOPER at six
CD (6) month intervals any such amounts collected.
Upon the expiration of the 15-year term of this
04 Agreement, any monies collected by the CITY will not be
CD reimbursed to the DEVELOPER
CAD
Cr) 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 $ 14,543.96 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
days from the date of said notice for the purpose of
Payback Agreement Developer's Extension for Randall S. Goodwin(066)
November 14, 1995
Page 2 of 6
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
00 payment for Owner's fair pro rata share of the cost of
C') the facilities, before connection to the extension, the
CITY is not liable for payment to the DEVELOPER.
0
wqThe entire responsibility for notices, recordation and
04 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 0026-92 .
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
Payback Agreement Developer's Extension for Randall S. Goodwin(066)
November 14, 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
Up DEVELOPER shall make the actual recording and provide
the CITY with confirmation thereof, but such
recordation shall only be made after expiration of
O review period specified in Section V
04 XI. HOLD HARMLESS
CD
The DEVELOPER will indemnify and save the CITY and the
Q) 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 Randall S. Goodwin, 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.
XII. 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,
Payback Agreement Developer's Extension for Randall S. Goodwin(066)
November 14, 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 AUBURN
CCLo.wl csi , t
MAYOR
ATTEST:/ /
City Clerk
APRO' D TO FORM:
City Attorney
Up
Cl
2 STATE OF WASHINGTON)
O
r4 ) ss.
nj COUNTY OF KING
O
On day of Altn u-V`" , 19 , before me
0) 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 Mayor and 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.
d ounuu,I,,
•
E. � '
•.•.(� � ./p
S-.
� S.
o NOTARY T
v —k— / el�ei �G S�IGSV��
�$. 3I NOTARY PUBLIC IN AND FOR E STATE OF)
�n oc, PUBUS,.12 ? WASHINGTON, RESIDING AT A t" /
.`t��•• MY COMMISSION EXPIRES /0-
4101 t
Payback Agreement Developer's Extension for Randall S. Goodwin(066)
November 14, 1995
Page 5 of 6
DEVELOPER: � , / Q
BY �%
TITLE: QWiYI[..L.
STATE OF WASHINGTON)
ss.
COUNTY OF KING
I, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and swornhhereby/ certify that on
this day personally appeared before me ICCtc'"Rdi C rcrkt- -' I
to me known to be the individual(s) described in and who executed
the foregoing instrument and acknowledged that t;-s'_-'signed and
sealed the same as Randall S. Goodwin free and voluntary act and
m deed for the uses and purposes therein mentioned
GIVEN under my hand land seal thisZS - day of 71 '�'� ,
Q 19c/c- / /
wai /
CNI '
QD.D NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT 1._ ; --
MY COMMISSION EXPIRES rrIn ail /
Attachments
REF. H: \AGREE\PAYBACK\066-1\E95-3066
Payback Agreement Developer's Extension for Randall S. Goodwin(066)
November 14, 1995
Page 6 of 6
CITY OF, Aft 5-'1'-' EXHIBIT A nD�
FAUSU�y /
25 West Main " HILL OF BALE
Auburn, WA 98001 (INDIVIDUAL) H\C.oO'z4-qa, jet D
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)
Randy Goodwin
do by these presents hereby convey, setover, assign, transfer and warrant
to the City of Auburn, King County, Washington, a MUNICIPAL CORPORATION,
the following public improvements 707' of 8" D.I. pipe, 67' of 6" D.I pipe
1 of FH ASSY
S tuated w th n the follow ng descr bed real property:
The South 165 feet of the North i of the Southeast % of the Northeast i of Section
5 Township 21 North, Range 5 East, W.M. in King County, Washington less the West
30 feet for right-of-way.
and the said Grantor(s) hereby warrant that he is/arac 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.
IN WITNESS WHEREOF the Grantor(s) have executed these presents this
I /1tV,- day of -tax6V`- , 19
s o tf
c
Ca r'
0
c
STATE OF WASHINGTON) a v
) ss. ;. - >°
COUNTY OF KING ) tim CO
I, the undersigned, a Notary Public in and for the State of
m Washington, duly commissioned and sworn, hereby certify that on this day
Vl
CDpersonally appeared before me 1c L4 coca i .
, to me
t�3
O
to known to be the individuals) described in and who executed the foregoing
cn
instrument and acknowledged that V1(i signed and sealed the same as li) S
free and voluntary act and deed for the uses and purposes therein
mentioned.
�
GIVEN under my hand and seal this 1441"-- day of t•-6:Cra^ -
�I
19 "I'�[ • rt.s�i L. SPF� r!+ fi}} ���� �
Ev NO TAR y y: ��
NOTARY P C IN AND FOR THE STATE OF
J':•?rPU6ltOto�'= WASHINGTON, RESIDING AT 4er3yy�byl cl.
f9lF R 8 N. Nc�� MY COMMISSION EXPIRES J rU` `C (o
ncc vs• rnvvCr ;AMA INASN' .
f
w
O Ill -
0
cr W M
-.... al
r-I In
. ro N
waa)
Cl
Cu • (1)
. 0 .0 .0
xww
-1-1I~
O O N
O .7. N
in W
.r a
W N
.0
wxo
El 0 N4-
H N § C
H .i F .0
H
M x - 0
X ) in z
PI 0
Z o >I
•r1 N
W +) C
,co C
V W 0
v] U
w
O w b+
O 0
y) •.1
WvX •
W
wrI C It
•4-+ 3
lil 4.3 I
10 N -w
.pro • 0
.0 x i )
++ v 3 .a
0
0 0 0 •.1.4
Ca • a
4) 014 1.0
.0 •C ro o
El 4i P4 4-i
SCCOT2:ZO96
ii_ .u I lilt I [ I I I
a-
14 602210338
., am .,
is 29is a
Oa
-----A 1.1111Lin SE
mi
n
>
c
S
s
,,----
,5,
lif-J le i i L-I LI
V)
.
'
*
c 11111111111 :' GOODWIN PROPERTY
06466-9049
A. .
L_I
'. --...
I:1
....'. . ,
.1:
..,■
i'•34,24. 4[1[[.„-C;214,e'rt[C.T--,IA.4,1,t, A' .j.[' [I
. -
ta
[ „
lrartVect-44-1:4,
‘: "--- `-'--11611011.4041,SLit,b..e._,_
-15:754giftr:a;.-2...Re- V..:-t
---- .-atr,iffl.V,:it- AII•it.-... tltr•
_ ktilfitila.•=7--affiCt"I' -.Z.1_.''
„ - —
.--. -.- 052105-912:
._, .,. I
) ■D
F-
P/ Ell .,... . :7•-a -:j
i is
I
• III 1
---..---
.
.....- ._ .--.........- - .—_--- ..--
w 'N
- r
's •4 '
EXIHIBIT C-2
Randall S. Goodwin Payback
FAC0026-92
Parcel FF for Charge per FF Parcel
Water Main Charge
052105-9041 280 $22.94 $6,423.20
052105-9122 354 $22.94 $8,120.76
Front Footage 634 TOTAL = $14,543.96
H:\DAVE\PAYBACKS\GOODW IN XLS
11/14/95
OFFICE OF THE N1AYOR Auburn 25 WEST MAIN CITY AAUBURN DMINISTRATION
CHARLES A. BOOTH MAYOR
, WA 98001-4998
MAYOR
a (206) 931-3041
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. 2685 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No. 2685 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 4th day of December, 1995
Witness my� hand
� / �
and the seal of the City of Auburn this 20th day of March, 1996
i
Robin Wohlhueter
City Clerk
City of Auburn