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HomeMy WebLinkAboutA 20041229002517 Return Address: City Clerk's Office 01 100 10 City of Renton 1055 South Grady Way Renton,WA 98055 20041229002517 CITY OF RENTON COV 45.00 PAGE001 OF 008 12/29/2004 14:44 KING COUNTY, WA DECLARATION OF COVENANT AND Property Tax Parcel Numbers: 1023059319,9022, ANNEXATION AGREEMENT 9415,9174,9031,9191,9384,9030,9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights Grantor(s): Grantee(s): 1. Shamrock Highlands,LLC 1. City of Renton, a Municipal Corporation The Agreement executed herein between the City of Renton,Washington,a municipal corporation,hereinafter referred to as "CITY"and the Grantor(s),as named above and/or successors in interest of certain property,hereinafter referred to as "OWNER",is for and in 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 petition for annexation of the PROPERTY to the CITY, does hereby agree to the conditions of annexation herein,and does hereby declare this covenant. 1. ACKNOWLEDGEMENTS AND REPRESENTATIONS The Grantor 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. 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish sewer service to the PROPERTY. 1.4. This Agreement to extend sewer service 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. Per Renton Municipal Code Section 4-6-040,the owner of property in Renton's Potential Annexation Area shall execute a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of or connection to the City's sanitary sewer system outside of the City Limits. 1.7. A CITY'S requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law. 1.8. 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 Countywide Planning Policies. c004 -0/7,,;. DECLARATION OF COVENANT AND Property hTax Parcel Numbers: 1023059319,9022, ANNEXATION AGREEMENT 9415,9174,9031,9191,9384,9030,9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights 1.9. It is the interest of the citizens of the CITY to insure that all public improvements that 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 construction standards. 1.10. The OWNER'S request for the extension of utility services was duly considered by the CITY,and it was determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all conditions herein. 1.11. The OWNER does hereby acknowledge that in the event of violation or breech of the terms of this PETITON,AGREEMENT AND COVENANT,or upon the invalidation of this PETITON,AGREEMENT AND COVENANT 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: The PROPERTY is legally described in Attachment A,attached hereto and incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is correct-as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNER,in consideration of the CITY'S agreement to provide utility service to the PROPERTY,does hereby petition,agree and covenant as follows: 3.1 The OWNER does hereby agree,promise and covenant that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY,said OWNER does join in said annexation. 3.2 The OWNER agrees to execute all necessary documents such as letters,notices,petitions or other instruments initiating,furthering or accomplishing the annexation of the PROPERTY to the CITY,whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness,the application to the area to be annexed of the CITY Comprehensive Plan and land use controls,and such other conditions as the CITY may lawfully impose. The OWNER,for him/her/themselves and for his/her/their heirs,successors and assigns,agrees and covenants with the CITY,and to the present and future owners of the PROPERTY to which this covenant relates,that such agreement is to constitute a covenant running with the land,that he/she/they shall, whenever so requested,execute such letters,notices,petitions or other instruments. OWNER understands that the CITY will record this document and the OWNER agrees to specifically advise future interests in the property. Covenant to Annex Document 11-30-04\11/29/04 Page 2 FORM 03 0008/bh/ • DECLARATION OF COVENANT AND Property Tax Parcel Numbers: 1023059319,9022, ANNEXATION AGREEMENT 9415,9174,9031,9191,9384,9030,9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights 3.3 The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners sign a petition for such an annexation. The OWNER recognized and agrees that by signing this Agreement,the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event PROPERTY is within a proposed annexation area. The OWNER further recognizes that there are other methods of annexation allowed under the laws of the State of Washington, including the election method. 3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5 The undersigned OWNER of the PROPERTY,on behalf of himself/herself/themselves,his/her/their heirs,successors and assigns,hereby designate(s)the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY,with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 4. AGREEMENT AND COVENENT OF CONDITIONS AND MITIGATION MEASURES The OWNER acknowledges that the CITY has a desire to have certain minimum development standards met for new developments in the CITY's Potential Annexation Area. The OWNER,in consideration of the CITY's agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the CITY's conditions for annexation of the PROPERTY,does hereby agree and covenant to submit their development plans to the CITY for review and approval prior to official submittal to King County. Except as may be waived by the CITY's Public Works Administrator or his/her designee,the minimum design standards that will be required are: 4.1 The OWNER shall provide record drawings of all of the constructed Public Work's facilities for the CITY's records. Covenant to Annex Document 11-30-04\11/29/04 Page 3 FORM 03 0008/bh/ • • DECLARATION OF COVENANT AND Property Tax Parcel Numbers 1023059319,9022, ANNEXATION AGREEMENT 9415,9174,9031,9191,9384,9030,9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights 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. 5.2 No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.3 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation,construction of utilities and appurtenances,or any other matter. The OWNER'and the CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility facilities needed to serve OWNER's property consistent with the CITY plans and specifications,unless otherwise agreed by the CITY. 5.4 The terms and provisions of this PETITION,AGREEMENT AND COVENANT shall insure to the benefit and become binding upon the heirs,assigns and/or successors in interest of the parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of this Agreement,including CITY'S attorney fees and costs. 5.5 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. 5.6 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 provision 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 shall be King County,Washington. This Agreement shall be governed by the applicable laws,rules,and regulations of the State of Washington and the CITY. 5.7 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. 5.8 Upon execution,the CITY will record these covenants with the King County Recorder's Office. Covenant to Annex Document 11-30-04\11/29/04 Page 4 FORM 03 0008/bh/ • • • • • DECLARATION OF COVENANT AND Property Tax Parcel Numbers 1023059319,9022, ANNEXATION AGREEMENT 9415,9174,9031,9191,9384,9030,9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. 9 , /rnl,BF/1—) tSiOri!- ff16hM^•(,ZS, Gran r Signa C (s) INDIVIDUAL FORM OF ACKNOWLEDGMENT 14-C. Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: DECLARATION OF COVENANT AND Property Tax Parcel Numbers: 1023059319,9022, ANNEXATION AGREEMENT 9415,9174,9031,9191,9384,9030,9042 Project File#: Street Intersection or Project Name: Shamrock Heights IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SSC ,o�n On this OF KING f A �N6 42,- On this � day of I Wvz 20 before me personally appeared `00111I /tot. 1~i1L1L CAM M PQ6LL. to me known to G 0 be e,rvi b•Ce of the corporation that v\? M1SS10NF�/C,�,_, executed the within instrument,and acknowledge the said instrument to be the free • •v fo•� and voluntary act and deed of said corporation,for the uses and purposes therein *: 27R �•. s mentioned,and each on oath stated that he/she was authorized to execute said • 2005 :*� instrument and that the seal affixed is the corporate seal of said corporation. Or`: e cakAIAJOC., /�qq P;V3\��� Notary Pu• is in and for the State of Washington Notary(Print) Jli My appointment expires: 4-2:1-DS Dated: 1)-30-0,4 Covenant to Annex Document 11-30-04\11/29/04 Page 5 FORM 03 0008/bh/ Shamrock Height Property Attachment A PARCEL C: THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHTOWNSHIP 23 NORT1/2 OF THE OHTRANGE 5 EAST W M?; OF THE SOUTHEAST 1/4 OF SECTION 10, EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET; EXCEPT THAT PORTION THEREOF FOR 148T" AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D: THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 'h OF THE EAST 1/2 li OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL E: THE WEST 794 FEET OF THE SOUTH '/z OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90 M 0351. PARCEL F: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. . • • • Shamrock Height Property Attachment A PARCEL G: THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE. NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH 1 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL I: • THAT PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W. M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 1 ; THENCE NORTH 88°20'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88° 20' 44" WEST, 216.94 FEET; THENCE SOUTH 00°15'25"WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1, 329.36 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 88°20'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 1/2, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00°15'25" EAST ALONG THE EAST LINE OF SAID SOUTH 1, 313.35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; THENCE NORTH 88°20'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET; THENCE NORTH 00°15'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2, 16 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • • Shamrock Height Property Attachment A PARCEL 7: THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL K: • THE NORTH 16 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL L: THE NORTH 16 FEET OF THE EAST 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST IA OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.