HomeMy WebLinkAbout5371 RESOLUTION NO. 5 3 7 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON� APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT BETWEEN THE GITIES OF AUBURN
AND SUMNER FOR ADJU$TMENT OF THE
BOUNDARY BETWEENTHE CITIES OF AUBURN AND
SUMNER WITH THE MOVEMENT OF CITY
_ . . _
BOUNDARY TOTHE OTHER SIDE OFTHE ROADWAY
OF A PORTION OF RIGHT-OF-WAY OF STEWART
ROAD/ LAKE TAPPS PARKWAY EAST CURRENTLY
WITHIN THE CITY OF AUBURN, PURSUANT TO RCW
35.13.310
WHEREAS, RCW 35.13.310 authorizes the legislative bodies of cities or
towns to agree to adjust the boundaries between cities or towns that share a
common boundary wifhin a right-of-way of a public stre.et, road or highway by moving
the boundary between them to the other edge of the right-of-way; and
WHEREAS, the City of Sumner is involved in a deVelopment with associated
public works projects along Stewart Road/Lake Tapps Parkway East, which
development and projects would benefit from such an adjustment of the boundary
between the City of Auburn and the City of Sumner, moving the boundary befinreen
the two cities to the other side of Stewart Road/Lake Tapps ParKway EaSt; and
1NHEREAS, on January 20, 2015, the Auburn City Council adopted
Resolution No. 5113 authorizing the ju�isdictional boundary modification as desccibed
herein subjeet to the sale of Sumner's golf course closing by July 31, 2015; and
WHEREAS, on July 20, 2015, pursuant to Resolution No. 5161, the Auburn
City Council, extended said deadline for the closing on the sale of Sumner's golf
course to July 31, 2016; and
WHEREAS, due to conditions outside the c.ontrol of Sumner the sale of the
golf course remains pending and has not closed, therefore, the terms of Resolution
Nos. 5113 and 5161 are now null and void; and
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Resolution No. 5371
May 24, 2018
Page 1
WHEREAS, the cities still desire to adjust the jurisdictional boundaries under
the same terms and conditions as initially set forth in Resolution No. 5113; and
WHEREAS, the resp.ective cities desire that the terms and conditions for fhe
jurisdictional boundary modification shall remain in effect until Dece.mber 31, 2021
unless adminisfratively extended by each city's respective Mayor; and
WHEREAS, the adjustment of the boundary between such cities pursuant to
RCW 35.13.310 is not subject fo review by the Washington State Boundary Review
Board for Pierce County.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is authorized to execute an
Agreement between the cities of Aubum and Sumner for adjustment of the boundary
between Auburn and Sumner along the portion of Stewart Road/Lake Tapps Parkway
East, moving the boundary between the two cities to the other side of the roadway
of Stewart Road/Lake Tapps Parkway East, in substantial conformity with the
Interlocal Agreement attached hereto, marked as Exhibit "A" incorporated herein.
Section 2. The effect of the boundary adjustment provided for herein is to
remove the below-described right-of-way territory from within the City of Aubum and
include it info the City of Sumner:
LEGAL DESCRIPTION
That portion of the City of Auburn in the Southwest quarter and the
Southeast quarter of the Northeast quarter of Section 1, Township 20
North, Range 4 East, Willamette Meridian, more particularly described
as follows:
COMMENCING at the intersection of the South line of said Northeasf
quarter and the West line of Burlington Northern Santa Fe Railroad
right-of-way, being a point on the city limit line between City of Auburn
and City of Sumner;
THENCE North 00°54'30" West, 70.03 feetalong said line;
THENCE South 82°26'07"West, 137.30 feet along said I ine to the TRUE
POINTOF BEGINNING;
Resolution No. 5371
May 24, 2018
Page 2
TYiENCE CONTINUING South 82°26`07" West, 10.75 feet along said
common line; THENCE North 89°48'.08" West, 474.24 feet along said
line;
_
THENCE North 88°25'14" West, 477.67 feet along said line; THENCE
North 07°41'S8" West, 155.36 feet along said line; THENCE Norfh
82°05'39" East, 987.52 feet;
THENCE South 00°57'23" East, 303:22 feet to the TRUE POINT OF
BEGINNING.
Containing 226,046 Square feet, more or less. SITUATE INPIERCE
COUNTY, WASHINGTON.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out 4he directives of this legislation,
including transmitting a copy of this Resolution to the City Clerk of Sumner.
Section 4. This Resolution shall be in full force and affect upon passage and
signatures heron. It is provided, however, thatthe provisions setforth herein and the
terms and conditions set forth in the attached agreement are subject to and
conditioned upon the sale of the golf course property in Sumner that is prompting
the jurisdictional boundary change. Should the sale ofthe golf course property not
close by December 31, 2021, thenthis Resolution and 4he attached Agreement
shall immediately become null and void; unless othervvise administratively
extended by the respective Mayors of Auburn and Sumner.
DATED this 5�� day of�, 2018.
CITY OF AUBURN
ATTEST:
�t� ANCY B S, MAYOR
Da ielle E. Daskam, City Clerk
APP ED AS TO FORM:
aniel B. id, City A ome
- - - -- --- - -- - - ---
Resolufion No. 5371
May 24, 2018
Page 3
EXHIBIT "A"
AGREEMENT REGARDING ADNSTMENT OF MiJNICIPAL BOUNDARIES
BETWEEN THE CITIE50F AUBURN AND SUMNER
RELATED TO LAKE TAPPS PARKWAY
THIS AGREEMENT is entered into this day of , 20�
between the City of Sumner, a Washington Municipal Corporation, lo.cated and doing business at
1104 Maple St, Sumner, Washington 98390 ("Sumner") and the City of Auburn, a Washington
Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington
98001 ("Auburn").
RECITALS
WHEREAS, both cities desire to work together for the mutual and overall benefit of their
street systems in the vicinity of Lake Tapps Parkway; and
WIiEREAS, it is advantageous for a certain portion of Lake Tapps Parkway to be
included within the city limits of the City of Sumner rather than its present position, located
within the City of Auburn; and
WHEREAS, such an adjustment of the boundaries between the two cities would make it.
also necessary for City of Auburn gravel and materials storage facilities to be relocated to a
different position along Lake Tapps Pazkway; and
WHEREAS, Lake Tapps Parkway and certain azeas in the vicinity currently utilize a
common storm drainage system and stormwater pond; and
WHEREAS, the cities have discussed these issues and have reached an agreement with
respect to the adjustment of the boundaries between the two cities to provide for a portion of
Lake Tapps Pazkway currently located within the City of Auburn to be located within tlie City of
Sumner, adjusting the boundary between the two cities accordingly, and relocarion of tlie City of
Auburn gravel and material storage areas.
NOW, THEREFORE, Aubum and Sumner hereby agree as follows:
A. AUBURN AND SUMNER MUNICIPAL BOUNDARIES REVISION
1. Sumner shall maintain two wastbound continuous flow travel lanes bypassing the new
signalized intersection as prbposed by Sumner and Auburn and attached as Exhibit A.
and known as the "Annexation Area".
2. All existing public infrastructure facilities within the Annexation Area will become
Sumner's property and maintenance responsibility; except that when Auburn is sanding
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or tre.ating roads in the vicinity, it will continue to sand or apply treatment to the
annexation azea.
3. Existing Aubum Street lighting facilities within the Annexation Area shall be re-wired
by Sumner to be serve.d by a Sumner-owned power service and separated from Aubum's
facilities.
4. Roadway storm drainage from the Annexation Araa is the responsibility of Sumner and
will be entering Auburn's Storinwatei Pond Facilities known as "Trillium Stormwater
Pond".
5. Stormwater from Lake Tapps Parkway drains to the Trillium Stormwater Pond tkirough a
drainage pipe system, Sumner and Aubum wish to set forth their agreements regarding
' the Trillium Stormwater Pond and related matters as follows.
a. Trilliam Stormwater Pond.
Auburn will maintain the Trillium Stormwater Pond in compliance with City of
Aubutn Design and Construction Standards to meet the requirements of the calculated
"l00 year design storm"pursuant to the approved Pierce County plans.
Sumner agrees to allow ongoing access to Auburn for the maintenance of the Trillium
Stormwater Pond and secure any necessary property rights to allow access from the
proposed pedestrian trail.
Sumner agrees to provide a driveway cut on Lake Tapps Parkway in a location that is
mutually acceptable to the Parties and consistent with the intent of this Agreement.
b. Maintenance of Stormwater Conuection Facilities.
Sumner will inspect, maintain and remove accumulated sediments anrivally for the
stormwater pipes connecting Sumner's storm system to Auburn's Trillium
Stormwater Pond.
Sumner agrees to continue to allow and provide for the existing drainage from
Auburn's jurisdiction through the stormwater pipes as they are currently configured
within the Annexation Area.
c. Clean-Ua.
In the event of a spill of Hazazdous Substances from Lake Tapps Pazkway into the
Auburn Trillium Stormwater Pond, Suiriner will undertake immediate response as
required by law, including, but not limited to, reporting to appropriate agencies, and
pursue enforcement of all requiied remediation and cleanup efforts. until they are
completed and the cleanup and/or remediation has been approved by appropriate
govemmental agencies.
d. Hazardous-Substances Defined.
As used herein, the term "Hazardous Substances" means any hazazdous, toxic,
chemical, or dangerous substance, pollutant, contaminant, waste or material,
including petroleum, which is regulated under any federal, state, or local statute,
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ordinance, rule, regulation, or common law relating to chemical management,
environmental protection, contamination, or cleanup including, without limitation, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
as amended, the Resource Conser4ation and Recover Act as amended.
B. RELOCATION OF AUBURN GRAVEL AND MATERIAL STORAGE
FACILITIES
1. Sucnner shall prbvide for the relocation of tlie existing Auburn Gravel and
Material Storage Facilities and the construction of a Covered Dual Chamber
Material Storage Facility including paved access to the facility for City of Auburn
Maintenance & Operations use on the south side of Stewart Road at a location
agreed to by both parties.
2. Smm�er sha11 provide a11 necessary public access easements to Auburn foi the
Material Storage Facility and Non-Motorized Trail. Within 120 calendar days of
the completion of the final design for ingress and egress from the golf course
property is completed, the Parties will work cooperatively to complete a final
legal description and necessary Exhibits for Aubnrn's access to ttie riiaterial
Storage Facility and Non-motorized Trail. Sumner agrees to execute any and all
easements and any other necessary documents to effectuate the intenf of this
section.
C. PERPETUAL EASEMENT TO AUBURN GRAVEL AND 1VIATERIAL STORAGE
FACILITIES
L Within 120 Calendaz days of the completion of the final design for ingress and
egress from the golf course property is completed, the Parties will work
cooperatively to complete a final legal description and necessary Ezhibits for
Auburn's access to the material Storage Facility and Non-motorized Trail.
Smm�er agrees to execute any and all easements and any other necessary
documents to effectuate the intent of this section.
D. MISCELLANEOUS
1. Termination. Should the sale of the golf course property not close by December
31, 2021, then this Agreement shall immediately become null and void; unless
otherwise administrati4ely extended by the respective Mayois of Auburn aiid
Sinnner. Alternatively, this agreement shall terniinate only upon agreement of
both parties.
2. Governing Law. This agreement shall be governed and construed in accordance
with the laws of the 3tate of Washington. If any dispute arises between the cities
under any of the provisions of this agreement, resolution of that dispnfe sfiall be
available only through the jurisdiction, venue and rules of the King Counry
Superior Court, King County, YYashington.
3. Modification. No waivei; alteration, or modification of any of the provisions of
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this agreement shall be binding unless in writing and signed by a duly authoriz8d
representative of each city.
4. Severabilitv. If any one or more sections, subsections or senjences of this
agreement aze held to be unconstitutional or invalid, that decision shall not affect
the validity of the remaining portions of this agreement and the remainder shall
remain in full force and effect.
5. Entire Agreement. Written provisions and terms of this agreement, together with
any attached e�chibits, supersede all prior verbal statements by any regresentative
of either city, and those statements shall not be construed as forming a part of ar
altering in any manner this agreement. This agreement and any attached e�ibits
contain the eritire agreement between the parties. Should any language in any
exhibit to this agreement conflict with any language contained in this agreement,
the terms of this agreement shall prevail.
THE CITY OF AUBURN TH&CITY OF SUMNER
N CY BACI , MAYOR BILL PUGH, MAYOR
APPROVED BY AUBURN CITY COUNCIL MOTION ON 20�.
APPROVED BY SUMNER CITY COUNCIL MOTION ON , 20
ATTEST: ATTEST:
�G%�^�-��OL�xU�.��� (SEAL) (SEAL)
DANIELLE E.DASKANI MICHELLE CONVERSE
AUBURN CITYCLERK SUMNER CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
I ,L B. . ANDREA MARQUEZ
AUBURN CITY ATTORNEY INTERIM SUMNER CITY ATTORNEY
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this agreement shall be binding unless in writing and signed by a duly authoriteci
representative of each city.
4. Severability. If any one or more sections, subsections or sentences of this'
agreement are held to be unconstitutional or invalid,that decision shall not affect
the validity of the remaining portions of this agreement and the remainder shall
remain in full force and effect.
5. Entire Agreement. Written provisions and terms of this agreement,together with
any attached exhibits, supersede all prior verbal statements by any representative
of either city, and those statements shall not be construed as forming a part of or
altering in any manner this agreement This agreement and any attached exhibits
contain the entire agreement between the parties. Should any language in any
exhibit to this agreement conflict with any language contained in this agreement,
the terms of this agreement shall prevail.
THE CITY OF AUBURN THE CITY OF SUMNER
/
_ 011
le ..
NACY BAC YO BI PUOH MAYOR
APPROVED BY AUBURN CITY COUNCIL MOTION ON 4120.g.
APPROVED BY SUMNER CITY COUNCIL MOTION ON /5, J LAY)e ,201 8.
ATTEST: ATTEST:
(SEAL) 1/1144,11-1-44-C VIA -' SAL)
E.biksitAm
DANIELLE.. . MICHELLE CONVERSE
AUBURN CITY CLERK SUMNER CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
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AUBURN CITY ATTORNEY INTERIM SUMNER CI ri ATTORNEY
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RESOLUTION NO. 1495
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUMNER,
WASHINGTON, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITIES OF AUBURN AND SUMNER FOR
ADJUSTMENT OF THE BOUNDARY BETWEEN THE CITIES OF AUBURN AND
SUMNER WITH THE MOVEMENT OF CITY BOUNDARY TO THE OTHER SIDE OF
THE ROADWAY OF A PORTION OF RIGHT-OF-WAY OF STEWART ROAD/ LAKE
TAPPS PARKWAY EAST CURRENTLY WITHIN THE CITY OF AUBURN,
PURSUANT TO RCW 35.13.310
WHEREAS, RCW 35.13.310 authorizes the legislative bodies of cities or towns to
agree to adjust the boundaries between cities or towns that share a common boundary
within a right-of-way of a public street, road or highway by moving the boundary between
them to the other edge of the right-of-way; and
WHEREAS, the City of Sumner is involved in a development with associated
public works projects along Stewart Road/Lake Tapps Parkway East, which development
and projects would benefit from such an adjustment of the boundary between the City of
Auburn and the City of Sumner, moving the boundary between the two cities to the other
side of Stewart Road/Lake Tapps Parkway East; and
WHEREAS, on January 20, 2015,the Sumner City Council adopted Resolution No.
1419 authorizing the jurisdictional boundary modification as described herein subject to the
sale of Sumner's golf course closing by July 31,2015; and
WHEREAS, on July 27, 2015, pursuant to Resolution No. 1431, the Sumner City
Council extended said deadline for the closing on the sale of Sumner's golf course to July
31,2016; and
WHEREAS, due to conditions outside the control of the City of Sumner, the sale of
the golf course remains pending and has not closed, therefore, the terms of Resolution Nos.
1419 and 1431 are now null and void; and
WHEREAS, the cities still desire to adjust the jurisdictional boundaries under the
same terms and conditions as initially set forth in Resolution No. 1419; and
WHEREAS, the respective cities desire that the terms and conditions for the
jurisdictional boundary modification shall remain in effect until December 31, 2021 unless
administratively extended by each city's respective Mayor; and
WHEREAS, the adjustment of the boundary between such cities pursuant to RCW
35.13.310 is not subject to review by the Washington State Boundary Review Board for
Pierce County.
1
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SUMNER,
WASHINGTON,HEREBY RESOLVES AS FOLLOWS:
Section 1. Authorization,. That the City Council hereby approves the Interlocal
Agreement between the Cities of Auburn and Sumner to adjust the boundary between the
two cities to the other side of the roadway of Stewart Road/Lake Tapps Parkway East for
the purposes outlined in the agreement which is attached and incorporated by reference,
and authorize the Mayor of the City of Sumner to execute any documents necessary to
effectuate said agreement in substantial conformity with the Interlocal Agreement attached
hereto,marked as Exhibit "A".
Section 2. The effect of the boundary adjustment provided for herein is to remove
the below-described right-of-way territory from within the City of Auburn and include it
into the City of Stunner:
LEGAL DESCRIPTION
That portion of the City of Auburn in the Southwest quarter and the
Southeast quarter of the Northeast quarter of Section 1, Township 20 North,
Range 4 East, Willamette Meridian,more particularly described as follows:
COMMENCING at the intersection of the South line of said Northeast
quarter and the West line of Burlington Northern Santa Fe Railroad right-of-
way, being a point on the city limit line between City of Auburn and City of
Sumner;
THENCE North 00°54'30" West, 70.03 feet along said line;
THENCE South 82°26'07" West, 137.30 feet along said line to the TRUE
POINT OF BEGINNING;
THENCE CONTINUING South 82°26'07" West, 10.75 feet along said
common line;THENCE North 89°48'.08" West, 474.24 feet along said line;
THENCE North 88°25'14" West, 477.67 feet along said line; THENCE
North 07°41'58" West, 155.36 feet along said line; THENCE North
82°05'39" East, 987.52 feet;
THENCE South 00°57'23" East, 303.22 feet to the TRUE POINT OF
BEGINNING.
Containing 226,046 Square feet, more or less. SITUATE IN PIERCE
COUNTY,WASHINGTON.
Section 3. The Mayor of the City of Sumner is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
legislation, including signing the Interlocal Agreement attached as Exhibit A hereto, and
transmitting a copy of this Resolution to the City Clerk of Auburn.
2
Section 4. This Resolution shall be in full force and affect upon passage and
signatures heron. It is provided, however, that the provisions set forth herein and the terms
and conditions set forth in the attached agreement are subject to and conditioned upon the
sale of the golf course property in Sumner that is prompting the jurisdictional boundary
change. Should the sale of the golf course property not close by December 31, 2021, then
this Resolution and the attached Agreement shall immediately become null and void;
unless otherwise administratively extended by the respective Mayors of Auburn and
Sumner.
Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the city
attorney, th e city clerk and the code reviser are authorized to make necessary corrections to
this resolution, including but not limited to the correction of clerical errors; or references to
other local,state,or federal laws, codes,rules,or regulations.
DATED this ('"ray oLlxstaut ,2018.
CITY OF SUMNER
Wi am L. Pugh, or
ATTEST:
Michelle Converse,CityClerk
APPROVED A CCn:TO FORM:
° A �`--
"Rte®a 4 uez, "i .ttorney
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