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Home My WebLink AboutRecorded Utility Extension Agreement 202604200144 AGREEMENT Rec:$307.50 4/20/2026 10:37 AM 5 PG SNOHOMISH COUNTY, WA AFTER RECORDING RETURN TO: CITY OF ARLINGTON 238 N OLYMPIC AVE ARLINGTON, WA 98223 UTILITY EXTENSION AGREEMENT GRANTOR(S): TYLOR GROW GRANTEE(S): CITY OF ARLINGTON LEGAL (abbrev.): SEC 08 TWP 31 RGE 05RT-25A-26A) BEG S1/4 COR SEC TH NOO.40 OOE ALG C/L SD ASSESSOR'S TAX NO. 31050800400600 THIS AGREEMENT is made and entered into this LO day of__ ' 2026, by and between TYLOR GROW, (hereinafter "Owner") and the CITY OF AR INGTON, Washington (hereinafter"City"). WHEREAS, the Owner is the owner of certain Properties (the "Properties"), legally described as set forth on the attached Exhibit "A", incorporated herein by this reference, which Properties are located outside of the City limits but inside the City's Coordinated Water System Plan Service Area, and Owner wishes to connect to the City's water utility system(s); and WHEREAS the City wishes to agree to the extension of utilities to the Owner, on certain terms and conditions, NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: 1. Title. The Owner warrants that the Owner is the owner of the Properties and is authorized to enter into this agreement. 2. Review. The City of Arlington has reviewed the Owner's proposed development as more particularly described on the attached Exhibit "A". Said proposed development must comply with the Snohomish County land use code and development regulations, any deviations from these exhibits that are not approved by the City shall be considered a breach of this covenant and shall render this agreement null and void. 3. Extension Authorized On Certain Terms and Conditions. The City hereby authorizes the Owner to extend utilities to the Properties. The Owner hereby agrees to promptly connect to the utility systems when they become available. The Owner agrees to comply with, be bound by, and be subject to the City's ordinances, regulations, and policies concerning such service. 4. Construction. The City's City Engineer shall review and approve in writing the plans, specifications, and drawings of the Extension before construction commences. All construction of the Extension shall be completed in accordance with City standards now existing or as hereafter amended. The Owner shall permit the City to inspect the construction and installation of the Extension at any time before, during, or after connection is made to the City System. The City may reject any construction and installation not conforming to the approved design of the Extension and the requirements of this Agreement. 5. Permits, Easements and Licenses. The Owner shall secure and obtain at the Owner's sole cost and expense any necessary permits, easements and licenses to construct the Extension, including without limitation all necessary easements, excavation permits, street use permits or other permits required by state, county and City governmental departments, including without limitation the State Department of Ecology, Snohomish County Public Works Department, Snohomish County Planning and Development Services Department, Snohomish County Boundary Review Board and the City's Public Works Department. 6. Costs. The Owner shall pay all costs of designing, engineering and constructing the Extension and all costs incurred by the City in reviewing plans for and inspecting construction of the Extension. The Owner shall bear the risk of loss for or damage to all finished or partially finished work on the Extension until the City accepts the Extension. Performance and/or maintenance bonds or other security in a form acceptable to the City may be required for any work at the discretion of the City. The amount of such security, if any, shall be established pursuant to City code. 7. Connection Charges. The Owner agrees to pay: (a) connection charges for utilities at the rate schedules applicable at the time the Owner connects the Properties to the City System; (b) any inspection costs of the City; and (c) plan review costs. 8. Service Charges. In addition to the connection charges, the Owner agrees to pay for utility service rendered by the City in accordance with rates charged that are uniform for the class of customer or service supplied, as such rates exist or as they may be hereafter amended or modified, together with any utility taxes levied from time to time. The Owner acknowledges that service charges may consist of base charges as well as charges determined in accordance with the level of service provided. 9. Covenant to Annex. This agreement constitutes an irrevocable notice to the City of intention to commence annexation procedures. The Owner waives all applicable time requirements that require the City Council to meet within a prescribed time after receipt of this notice to decide whether the City will accept the Properties for annexation. With full knowledge and understanding of the consequences of annexation and with full knowledge and understanding of the Owner's decision to forego opposition to annexation of the Properties to the City, the Owner agrees to sign a petition for annexation to the City of the Properties as provided in RCW 35A.14.120, as it now exists or may hereafter be amended, at such time as the Owner is requested by the City to do so. The Owner also agrees and appoints the Mayor of the City as the Owner's attorney-in-fact to execute an annexation petition on the Owner's behalf in the event that the Owner shall fail or refuse to do so and agrees that such signature shall constitute full authority from the Owner for annexation as if the Owner had signed the petition. If the Owner is a corporation, an officer authorized to execute deeds or encumbrances on behalf of the Owner shall execute this Agreement, and there shall be attached to this Agreement as Exhibit C a certified excerpt from the bylaws of the Owner showing such authority. This Agreement shall be deemed to be continuing, and if the Owner's Properties are not annexed for whatever reason, including a decision by the City not to annex, the Owner agrees to sign any and all subsequent petitions for annexation and agrees not to litigate, challenge or in any manner contest any such subsequent annexation to the City. 10. Covenant Running with Land. This Agreement shall be recorded with the Snohomish County Auditor and shall constitute a covenant running with the land as to the Properties and shall be binding on the Owner and the Owner's heirs, successors and assigns. All costs of recording this Agreement shall be borne by the Owner. In the event that any or all of the Properties is subdivided into smaller lots, the provisions of this Agreement shall bind the purchasers of each subdivided lot. 11. Termination. In the event the Owner fails to comply with any term or condition of this Agreement, in addition to any other remedies available, the City shall have the right to (a) terminate this Agreement upon ten days' written notice to the Owner and (b) terminate utility service to the Properties. 12. Attorney's Fees. In any suit or action seeking to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, in addition to any other remedy provided by law or this Agreement. 13. Amendment/Assignment. This Agreement may be amended or modified only by a written instrument executed by the Owner and the City. The Owner shall not assign this Agreement or sell or contract to sell all or any portion of the Properties prior to notifying the City in writing of such assignment or sale. 14. Severability. If any portion of any term or provision of this Agreement, or any action taken pursuant thereto or the application thereof shall,to any extent, be finally determined invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 15. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and venue in connection with any legal proceeding affecting this Agreement shall lie in the Superior Court of the State of Washington for Snohomish County. DATED this day of 1' 2026. GRANTOR: C � By: This record was acknowledged before me on N IMl by (Date) of ( (Name) (Type of outh4ity) (Name of party/c pony) HARDNy ,If// Q_ o�"R} e1*� Z Notary Public for the State of Washin on s r54 2�': -Z G�002�p59� Z Z My Commission Expires: 2'6 C,_ OF GRANTEE: N DER •�� iis'sso �F�- IJJ NOTARY A� rn By: Don E. Vanney PUBLIC EXPIRES'' OF WASH\NC This record was acknowledged before me on — by (Date) Don E. Vanney as Mayor of City of Arlington (Name) (Type of authority) (Name of party/company) '2 Notary Pu is for the State of Washington My Commission Expires: EXHIBIT "A" SEC 08 TWP 31 RGE 05RT-25A-26A) BEG S 1/4 COR SEC TH N00*40 OOE ALG C/L SD SEC 867.4FT TAP TH S89*21 OOE 20FT OR E LN CO RD TPB TH CONT S89*20 OOE 170FT TH N00*40 OOE 170FT TH N89*20 OOW 170FT TO E LN SD CO RD TH S00*4000W 170FT TO TPB DEED 421/222