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Return Address:
City Clerk's Office11111111111111111111
City of Renton
1055 South Grady Way
Renton, WA 98055
20060616002235
CITY OF RENTON BS
PAGE001 OF 005
KING COUNTY14WA8
DECLARATION OF COVENANT AND Property Tax Parcel Number: 1423059058
ANNEXATION AGREEMENT
NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place
Grantor(s): Grantee(s):
1. Sound Built 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 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.
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DECLARATION OF COVENANT AND Property Tax Parcel Number: : 1423059058
ANNEXATION AGREEMENT
NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place
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:Lots 1-23,inclusive,of Nichols Place plat,according to plat
recorded November 7,2005 under recording number 20051107002032,in King County,Washington.
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.
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DECLARATION OF COVENANT AND Property Tax Parcel Number: : 1423059058
ANNEXATION AGREEMENT
NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place
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.
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DECLARATION OF COVENANT AND Property Tax Parcel Number: 1423059058
P Y
ANNEXATION AGREEMENT
NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place
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.
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DECLARATION OF COVENANT AND Property Tax Parcel Number: : 1423059058
ANNEXATION AGREEMENT
NEW DEVELOPMENT Street Intersection or Project Name:Nichols Place
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 OF COVENANT AND Property Tax Parcel Number: 1423059058
ANNEXATION AGREEMENT
Project File#: KC#LO3P0015 Street Intersection or Project Name:Nichols Place
IN WITNESS WHEI hay- ereunto 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 )SS
COUNTY(MING /21)
am
this/day of ,20 Olo,before me personally appeared
N M• W,4 II G h to me known to
<(i �/ ►I be W1 qh t^'e.kf of the corporation that
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�: � .��.9 1, executed the within instrument,and acknowledge the said instrument to be the free
Q:4' NAOTARy and voluntary act and deed of said corporation,for the uses and purposes therein
•• igO �,..� �: mentioned,and each on oath stated that he/she was authorized to execute said
G ins •A ent and th t the
seal affixed's the corporate,se/al of said corporation.
Pueu
+�0' FOFWASN-'- otary 1 blic in�^d for the St e o Washington
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Notary 'rint) 7!/l ,a_.,/ -
My appoin ent x lres, 1�
Dated: 50.Oa
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