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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