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HomeMy WebLinkAboutA 20040729000540 v .} , • iii Return Address.- City ddress:City Clerk's Office City of Renton 20040729000540 1055 South Grady Way CITY OF RENTON COV 24.00 Renton_ WA 98055 PAGE001 OF 008 07/29/2004 08:54 KING COUNTY, WA DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT D3 ( �®Z� `�03 Z30S"94s7 NEW DEVELOPMENT Street Intersection or Project Name: 4.5:r PSK ----- Grantor(s): Grantee(s): 1. NDitgl5 /1'-' , .t'+v(. A +- 1. Gerpo✓F+n�ay.- 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 Grantortsl.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 appro\al 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 RC\k, X5.67.;10 and RCW 35.92.170 and shall not he construed as a' oluntar' agreement pursuant to RCW 82.02.020 . � and therefore the provisions of RCW 82.02.020 shall not he 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 SEP A. 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 s'stem 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. I.R. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted h\ the CITY in its Comprehensive Plan pursuant to the King County Countywide Planning Policies. DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT e733oS"9e'z , 037,305-91s-/ NEW DEVELOPMENT Street Intersection or Project Name: AtS- r���� 1.9. It is the interest ql the citi=ens of the C/TI to insure that all public improvements that are or could he constructed within the corporate limits of the CIT) or will he ultimately annexed into the CIT) are constructed in accordance with C/TI construction standards 1.10. The OWNER'S request for the extension of utility sen ices was duh considered by the CITY. and it was determined that the furnishing of sewer service to the PROPERTY would he proper upon the fulfilling of all conditions herein. 1.1 I. The OWNER does hereby acknowledge that in the event of v iolation 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 am parts. ?. 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 h' the area to he 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 himiherithernsek es and for histhervtheir 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 hershe/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 propert . covnt annex new devel 2004\05/28/04 Page 2 FORM 03 0008/bhi DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT 0303o§-94 .6. v`03L3OS"j% / NEW DEVELOPMENT Street Intersection or Project Name:prw LK_ ���� 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 he included as a property to be annexed in the event PROPERTY is within a proposed annexation area. The 0143 ER further recogni=es that there are other methods ai annexation allowed under the laws o1 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 designatels)the CITY as OWNERS 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 am 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 he affected by the disability of the principal. 1. 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 prov ide their development plans to the CITY for their information. Except as may he waived by the CITY-s Public Works Administrator or his/her designee.the minimum design standards that will he required are: 4.1 The OWNER shall provide record drawings of all of the constructed Public Works facilities for the CITY-srecords. covnt annex new devel 2004-Revised MR 6-1-04\06/01/04 Page? FORM 03 0008/bhi DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT (73L3eic7OZ , 4' 03130S9K" NEW DEVELOPMENT Street Intersection or Project Name: �1�T;�� P IC- 5. C 5. GENERAL PROVISIONS � The OWNER and the CITY do hereby acknow ledge and agree to the following provisions. which apply to the entire Agreement herein. 5.1 The OWNER agrees that all future land use and deg elopment on the PROPERTY w ill 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 appy. 5.2 No modifications of this Agreement shall be made unless mutually agreed upon h' the parties nt writing. 5.3 Nothing in this agreement shall be construed to create an financial obligation on the part of the CITY with regard to annexation.construction of utilities and appurtenances. or am other matter The OWNER and the C1TY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility facilities needed to serge OWNER's propertm 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 am 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 he given under this Agreement shall be sufficient if gig en in writing and sent by registered or certified mail. return receipt requested.to the address of the parties set forth below. Am 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 am of the provision of this Agreement a legal action is instituted.the party not prevailing agrees to pa.y 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 he King County. Washington. This Agreement shall be governed by the applicable laws_ rules_and regulations of the State of Washington and the CITY. 5., in the event that any term.provision. condition.clause or other portion of this Agreement be held to he inoperative. invalid. void.or in conflict with applicable pros inion. condition. clause or other portion of this Agreement. and the remainder of this Agreement shall he 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 he severable. 5.8 Upon execution. the CITY will record these covenants with the King County Recorder's Office. covnt annex new devel 2004\05/28/04 Page 4 FORM 03 0008/bhi • DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT O3(- O 90?(o 4 o3 z3 OS'9 ZS/ NEW DEVELOPMENT Street Intersection or Project Name: As-7-D( lo __ IN WITNESS WHEREOF. I have hereunto set nix hand and seal the dax and'ear as written beim\. I'1 I446 1 rantor Sianature(s) INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must he within box STATE OF WASHINGTON 1 SS COUNTY OF KING i I certifi that I know or ha\e satisfactorx ex idence that signed this instrument and acknowledged it to he his/her/their free and voluntarx 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 Number: ANNEXATION AGREEMENT 03-).309702,6 003.).305-9e5-1 Project File=: Street Intersection or Project Name iurk(t et,P . IN WIT1SS WHEREOF. I have hereunto set my hand and seal the day andel year/ as written below. )/A4A;.0. �✓1/b i0A /IT,N.21,..Ln (4„,e, CORPORATE FORM OF.4CKNOWLEDGMENT Notarx Seal must he within box STATE OF WASHINGTON ISS COUNTY OF KING i ‘\\\\‘‘‘‘11IIII On this da' of .20 04 . before me personalh appeared ttsaDri2 to me knoxx n to - ••&,e--- 1 , *41 0 be QJU�I of the corporation that O _eTAQ4 /'h,� �zecuted the within instrument. and acknowledge the said instrument to he the free -„r ,u we. . lz snd'oluntaract and deed of said corporation. lir the uses and purposes therein 4 4 e entioned.and each on oath stated that he/she xxas authorized to execute said �'� !fo 0. . instrument and that the seal affixed is the corporate seal of said corporation. 0 ON– tihgtillQlt,'�,Y-.0, Notary Public in and for the State of Washington Notary(Print) i( . . ..1.. V' My appoip tment expires: - - 6 Dated: Ian T I 2,0 covnt annex new devel 2004\05/28/04 Page 5 FORM 0.0008/hh, • ATTACHMENT 'A' ASTER PARK LEGAL DESCRIPTION That portion of the Southeast Quarter of the Southeast Quarter of Section 3. Township 23 North. Range 5 East. Willamette Meridian. in King County. Washington. described as follows: Beginning at the Southeast corner of said section 3: Thence North along the East line thereof 330 feet to the TRUE POINT OF BEGINNING of the tract herein described: Thence West parallel to Said South line of Section 3 a distance 660 feet: Thence North to the Southerly margin of State Highway No. 2 "Sunset Highway": Thence Northeasterly along said highway to the East line of Section 3: Thence South along the East line to the TRUE POINT OF BEGINNING: Except the East 30 feet thereof in 148th Ave. SE. Together with: Lot 3 as delineated on King County Short Plat number 877123. recorded under recording number 7809060875. in King County. Washington. said short plat being a portion of the South 330 feet of the East 660 feet of the Southeast Quarter of the Southeast Quarter of Section 3. Township 23 North. Range 5 East. Willamette Meridian. in King County. Washington.