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Home My WebLink AboutWSC03-001220030729001360 GUIGLEY AG 27.99 PAGE 991 OF 9e9 07/29/2003 11:99 KZNG COUNTY, UA DEVELOPMENT AGREEMENT (DECLARATION OF COVENANT) Return Address City of Auburn Planning Dept..25 West Main Street Auburn, WA 98001 WSC 03-0012 Parcel Number(s) 333940-0693 Additional le.qal on pa.qe 9 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Wes and Molly Quigle¥ and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER," Js for and ~n consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY." The OWNER does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. WSC03-O012 07/22/03 Page 1 1.2. The OWNER is seeking building permit approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. " 1.6. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.7. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.8. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. WSC03-0012 07/22/03 Page 2 1.9. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: 315xx 104th Ave SE The PROPERTY is legally described in Attachment A, attached hereto and represented bY reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. COVENANT The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby covenant as follows: 3.1 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide water arid sewer utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the following: WSC03-0012 07/22/03 Page 3 4.1. All applicable development standards will be complied with. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In,the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.21 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise dgreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either-the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement WSC03-0012 07~22~03 Page 4 shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. ' 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that any subsequent purchaser may have as a result of this Agreement, including CiTY's attorney fees and costs. 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertbke, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. WSC03-0012 07/22/03 Page 5 IN WITNESS WHEREOF, t~oe OWNER and Agreementasofthis,'~'¢~aYof 7~'7,, the CITY hereto have executed this ,2003. PETER B. LEWIS MAYOR WSC03-0012 07~22~03 Page 6 ATTEST: Danielle Daskam City Clerk A P P R O.,V, BJ~AS JO FORM: Dabi~ltL ~ei,~ ~.. City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF King ) On th~s x ~ q- day of 'd x,.~ ,2003, before me, the undersigned, a Notary Public in and fo~ the State of Washington, duly commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the cor.poration who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. NOTARY PUBLIC in and for/the Stg, le of Washington, residing at ~,_~.E~_~L~,-,.~,._ . MYCOMMISSlON EXPIRES: WSC03-0012 07~22~03 Page 7 OWNERS: Wes and Molly Quigley Wes Quigl~y~' Molly"'Ou~gley "--- -- ' STATE OF WASHINGTON ) ) ss COUNTYonOFthisKING~(~ / ~ ) ' (~'"l~ ' day of 5/ ,2003, before me, the undersigned, a Notary Public in and/for~/the State of Washington, duly commissioned and sworn, personally appeared Wes and Molly Quigle¥; the OWNERS that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNERS, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNERS. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. .'": (Printed Name) NOTARY PUBIc!~ ingnd for }~e S,tqte of Washington, residing at ~.~ ~C/~ ~..,c-(~ /f'" ~'~7 · MY COMMISSION EXPIRES: · WSC03-0012 07/22/03 Page 8 ATTACHMENT A LEGAL DESCRIPTION: LOT 14 BLOCK 8, CD HILLMANS AUBURNDALF: ADDITION TO SEATTLE, DIVISION 1, ACCORDING TO THE PLAT RECORDED IN VOL 13 OF PLATS, PAGE 62, KING CO. WA. TAX PARCEL :/1:3339400693 WSC03-0012 07/22/03 Page 9