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HomeMy WebLinkAboutA 20061204000527 • Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 20061204000527 CITY OF RENTON COV PAGE001 OF 006 37.00 12/04/2006 10:13 KING COUNTY, WA DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT 1 s4 5 75 cbO'U /i/5 J5 c o65 NEW DEVELOPMENT Street Intersection or Project Name:L-,b,er, y G'vO v Grantor(s): Grantee(s): / 1. ` 1. City of Renton,a Municipal Corporation tact:� 104C cvF1c3��1�,�3 /�� c 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. de06 DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT /ii575 cocci() ihi5' s &to 11.713110) Street Intersection or Project Name: 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 follow_s:f4 Pa 'c^ of NE a; S (g' S'ec. �',� �T 2 3 t 1.5 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. covnt annex new devel 2004.doc\05/19/06 Page 2 FORM 03 0008/bh/ DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT /Li5'r)5•(9009b 14/siseclo29Y NEW DEVELOPMENTtreOjt �rsgctio /(t4' pct lam Tt 4,IO'S, 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. covnt annex new devel 2004.doc\05/19/06 Page 3 FORM 03 0008/bh/ t DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT X415'7500 TO /4 g 7.S'C 3 NEW DEVELOPMENT Street Inters cti n or Project Name: L..cbert Gva✓� IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Grantor Signature(s) INDIVIDUAL FORM OF ACKNOWLEDGMENT 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 0 COVENANT AND • Property Tax Parcel Number: NEXAT I AG' MENT . .. P oje•t '.1- •: Street Intersection or Project Name: WI' ' ` WHE' S F,I ha - hereunto set my hand and seal the day and year as written below. ,►w �' •...1., / Z .A PR e-s-,og,(0--- /.7-)4g-ittoc&- 6 cfr-- 161C CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF,..KING ��4� •\`LES F111 �I On this -S day of Oc 64.-- ,20 19,e,before me personally appeared gNBfOH�tb) /II/ � , /11 , W .pv, 3'-4A -... to me known to 5 4'� F+y /�� be P/`Q .!,(32fA,(1--- of the corporation that +D TA'Q 0 i executed the within instrument,and acknowledge the said instrument to be the free S ;V _ . '� Al: 5 and voluntary act and deed of said corporation,for the uses and purposes therein i N� to Z mentioned,and ea h on oath stated that he/she was authorized to execute said j--% i &8 L<<' s - instrument and th t the se affixed is the co .+ra • seal of said corporation. rez c�.7ti'/9-10 mss= /IliI1 '�'ASWOI�� NotaryPu lic in for th S ate fWashington Notary(Print) L.-/P...) / /?/ My appointment expires: ( F/r0 Dated: '(o (2.S-7,04' covnt annex new devel 2004.doc\05/19/06 Page 5 FORM 03 0008/bh/ • , • ATTACHMENT A LEGAL DESCRIPTIONS: LIBERTY GROVE: LOT 7, BLOC< 1, AND THAT PORTION OF LOT 6, BLOCK 1 LYING SOUTHERLY OF A LINE BEGINNING ON THE EAST LINE OF SAID LOT 6, AT A POINT 12.3 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY TO A POINT ON THE WEST LINE OF SAID LOT 6 WHICH POINT IS 4.8 FEET NORTH OF THE SOUTHWEST CORNER THEREOF AND THE TERMINUS OF SAID LINE AS SAID LINE WAS ESTABLISHED BY JUDGMENT ENTERED JANUARY 29, 1969 IN KING COUNTY SUPERIOR COURT CASE No. 691199, ALL IN JANNETT'S RENTON BOULEVARD 1R ACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS, PAGE 60, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. LIBERTY GROVE CONTIGUOUS: TRACTS 1 AND 2, BLOCK 3, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 270 FEET OF SAID TRACT 1; AND EXCEPT THE SOUTH 29 FEET OF THE NORTHERLY 129 FEET OF EASTERLY 70 FEET OF THE WEST 270 FEET OF SAID TRACT 1 AS PER KING COUNTY ENGINEER SUBDWISION No. 6846, RECORDED UNDER RECORDING No. 9410250673; SI TU ATE IN THE COUNTY OF KING, STATE OF WASHINGTON.