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HomeMy WebLinkAboutA 20041102002359 Return Address: City Clerk's Office City of Renton 111 1055 South Grady Way Renton,WA 98055 20041102002359 CITY OF RENTON COV 41.00 PAGE001 OF 004 11/02/2004 15:41 KING COUNTY, WA DECLARATION OF COVENANT AND Property Tax Parcel Number: 032305-9257 ANNEXATION AGREEMENT Individual Single Family Residence Street Intersection:NE 266 Street& 1486 Ave SE Grantor(s): Grantee(s): 1. Siena Homes,Inc. 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 single-family permit 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 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. OOy -©(Gd DECLARATION OF COVENANT AND Property Tax Parcel Number: 032305-9257 ANNEXATION AGREEMENT Individual Single Family Residence Street Intersection:NE 266 Street& 148`h Ave SE 1.9. 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. 1.10. 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: That portion of Government Lot 1,Section 3,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point North 88 degrees 01 minutes 27 seconds West 30.00 feet and North 01 degrees 25 minutes 22 seconds East 30.00 feet from the Southeast Corner of said Government Lot 1;Thence North 01 degrees 25 minutes 22 seconds East 205.00 feet to the True Point of Beginning;Thence North 01 degrees 25 minutes 22 seconds East 109.00 feet;Thence North 88 degrees 01 minutes 27 seconds West 136.97 feet;Thence South 02 degrees 04 minutes 15 seconds West 109.00 feet;Thence South 88 degrees 01 minutes 27 seconds East 138.20 feet to the True Point of Beginning: (Also Known As Parcel A of King County Short Plat No.07992 as approved on July 20, 1970) 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. rigley03.doc\10/14/04 Page 2 FORM 03 0008/bh/ DECLARATION OF COVENANT AND Property Tax Parcel Number:032305-9257 ANNEXATION AGREEMENT Individual Single Family Residence Street Intersection:NE 26th Street& 148th Ave SE 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. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions which apply to the entire Agreement herein. 4.1 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. 4.2 No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 4.3 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. rigley03.doc\10/14/04 Page 3 FORM 03 0008/bh/ DECLARATION OF COVENANT AND Property Tax Parcel Number: 032305-9257 ANNEXATION AGREEMENT Individual Single Family Residence Street Intersection:NE 26th Street& 148th Ave SE 4.4 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. 4.5 The OWNER warrants that the OWNER will undertake,and be responsible for,all notifications, including recording,to all parties of interest and future parties of interest. 4.6 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. 4.7 Upon execution,the CITY will record these covenants with the King County Recorder's Office. IN W ESS WH OF I ve hereunto t my hand and seal the day and year as written below. I 5( _ CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ��� On this 2 2 day of(OC vh.Gy,}�l2"—,before me personally appeared AL �\ • .t1 1 a �"lYV1�VLQ l I/l,P i� to me known to \O AI&-4,...."6".0 Il be Wz°3t�VI-t- of the corporation that . :$ ' I► executed the within instrument,and acknowledge the said instrument to be the free Q ;o NOTARY 9N i and voluntary act and deed of said corporation,for the uses and purposes therein U mentioned,and each on oath stated that he/she was authorized to execute said PUBLIC 5 instrument and that the seal affixed is the corporat-. -:1 of said corporation. OF WASV�N Notary Public in and for the State of Washington Notary(Print) 4dv/GLI-1/7 ,%e -ac7zer My appointment expires:,S-/9 D6 Dated: /O Z 70 4' rigley03.doc\10/14/04 Page 4 FORM 03 0008/bh/