HomeMy WebLinkAbout05-19-2003 Item VII-AF
ADBURN
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject
Date:
Annexation/De-annexation of Pro erty
May 14, 2003
Department: Planning
Attachments:
Budget Impact:
Map, annexation draft Resolutions
and agreements
Administrative Recommendation:
City Council to review the attached draft Resolutions and agreements and request for
annexation/deannexation for municipal purposes, and to direct staff to file a Notice of Intent to Annex with
King County.
Background Summary:
The Cities of Auburn and Pacific have been working together for the last several months to annex and
de -annex territory along East Valley Highway surrounding the Lakeland Hills Way Intersection, thereby
incorporating all of the territory that is south of the White River and east of East Valley Highway, and
north of the County line into the City of Auburn. Through several iterations the attached map and legal
description have been agreed upon by the two cities. (The map shows the actions to be taken as a
result of the proposed de -annexation by the City of Pacific and annexation of an area into the City of
Auburn, as well as the area to be de -annexed by the City of Auburn and annexed into the City of
Pacific.)
Also attached are the draft Resolutions and agreements pertaining to the proposed annexation. These
actions will require public hearing(s) and the execution of several agreements. It is currently planned to
hold the hearing(s) at the Ilalko Elementary School. The agreements currently contemplated include
L0519-5
03.1 ANX03-0001
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Fire ® Planning
❑ Park Board [--]PublicWorks
® Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Borden Staff: Krauss/Dowd
Meeting Date: May 19, 2003 Item Number: VILA
A BURN *MORE THAN YOU IMAGINED
Agenda Subject Date:
Annexation/De-annexation of Property May 14, 2003
A water service area agreement.
2. An emergency water system intertie agreement
3. An Auburn Franchise for Pacific to allow service to properties west of East Valley Highway and
south of the White River.
4. A Pacific Franchise for Auburn water for the area in A Street SE north of the north annexation
boundary and south of the current City limits.
5. An interlocal agreement for the Vista Heights Development at Lakeland.
6. An interlocal agreement allowing Auburn to operate and maintain the A Street SE right of way
remaining in Pacific north of the annexation boundary and south of the current Auburn city limits.
7. A Bill of Sale for the facilities being transferred from Pacific to Auburn within the annexation area.
8. An agreement under which Auburn would provide operation and maintenance services for A
Street SE described in item 4 above.
Hearings for these agreements can be held during the King County Boundary Review Board (BRB)
process. Once the annexation is reviewed through the BRB, the City of Pacific will pass an annexation
resolution; the City of Auburn will then hold a hearing on the annexation and take action on the issue
(including the interlocal agreements with the City of Pacific), and set a date for final annexation.
Staff requests review and direction from the City Council f to file the required Notices of Intent to Annex
with the BRB.
At their meeting on May 12, 2003, the Planning and Community Development Committee recommended
approval.
PCDC\PACIFIC ANNEXATION
L0519-5
03.1 ANX03-0001
Page 2 of 2
Drift
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FOR THE ANNEXATION OF A
PORTION PROPERTY TO THE CITY OF AUBURN
SIMULTANEOUSLY TO ITS DEANNEXATION FROM THE
CITY OF PACIFIC, PURSUANT TO RCW 35.10.217(2)
WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city or town on
its own initiative by resolution to indicate its desire to be annexed to a city or town in whole
or in part, which annexation shall become effective upon the adoption of a resolution by the
other city or town concurring in the annexation; and
WHEREAS, after consultations between representatives of the cities of Pacific and
Auburn, it was determined that it would be advantageous to both cities for certain territory
currently located within the corporate limits of the City of Pacific and adjacent to the City of
Auburn to be annexed to the City of Auburn; and
WHEREAS, in connection with such annexation/de-annexation, the cities of Auburn
and Pacific have committed to coordinate and cooperate with respect to any planning,
transportation or developrr - Jes that affect the cities; and
WHEREAS, contemporaneous with the consideration of this Resolution, the City of
Pacific is considering this annexation/de-annexation action because of the mutual benefits
to both cities and their common infrastructure needs; and
WHEREAS, the annexation shall be effective following adoption of Resolutions by
both cities of Auburn and Pacific in support of the annexation; and
WHEREAS, the requirements of the State Environmental Policy Act and applicable
Environmental Procedures have been complied with.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council of the City of Auburn indicates, pursuant to the
provisions of RCW 35.10.217 (2), its desire to annex into the City of Auburn certain territory
currently located within the City of Pacific, with said annexation to occur contemporaneous
Resolution
4/28/2003
Page 1
with its de -annexation from the City of Pacific, which territory is legally described as follows:
Territory to be Annexed to Aubum and De -Annexed from Pacific
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN ANGLE
POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN
CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE
NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319 A
DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID GOVERNMENT.
LOT 3;
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER
319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO A LINE
PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID GOVERNMENT LOT 4;
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF
PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300 FEET,
MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON TO
THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271
AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE SOUTHWEST
CORNER OF SAID SECTION 31;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED TO
THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET,
MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD
RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE
PARALLEL WITH AND100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 36;
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY
(WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY) FROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE OR LESS,
TO THE EAST RIGHT -OF WAY LINE OF EAST VALLEY HIGHWAY (-A- STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET, MORE OR
LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF 200
FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN
BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
SITUATE IN KING COUNTY, WASHINGTON.
Resolution
4/28/2003
Page 2
Draft
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
transmitting a copy of this Resolution to the City Clerk of Pacific, and mailing notices of the
public hearing at which the second resolution is adopted to the owners of the property
within the area proposed to be annexed, in accordance with Chapter 35.43 RCW and
Section 35.10.217(2) RCW.
Section 3. This Resolution shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this day of
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution
4/28/2003
Page 3
2003.
Draft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PACIFIC, WASHINGTON, FOR THE ANNEXATION OF A
PORTION PROPERTY TO THE CITY OF PACIFIC
SIMULTANEOUSLY TO ITS DEANNEXATION FROM THE
CITY OF AUBURN, PURSUANT TO RCW 35.10.217(2)
WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city or town on
its own initiative by resolution to indicate its desire to be annexed to a city or town in whole
or in part, which annexation shall become effective upon the adoption of a resolution by the
other city or town concurring in the annexation; and
WHEREAS, after consultations between representatives of the cities of Pacific and
Auburn, it was determined that it would be advantageous to both cities for certain territory
currently located within the corporate limits of the City of Auburn and adjacent to the City of
Pacific to be annexed to the City of Pacific; and
WHEREAS, in connection with such annexation/de-annexation, the cities of Pacific
and Auburn have committed to coordinate and cooperate with respect to any planning,
transportation or development issues that affect the cities; and
WHEREAS, contemporaneous with the consideration of this Resolution, the City of
Auburn is considering this annexation/de-annexation action because of the mutual benefits
to both cities and their common infrastructure needs; and
WHEREAS, the annexation shall be effective following adoption of Resolutions by
both cities of Pacific and Auburn in support of the annexation; and
WHEREAS, the requirements of the State Environmental Policy Act and applicable
Environmental Procedures have been complied with.
Resolution
4/28/2003
Page 1
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFIC,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council of the City of Pacific indicates, pursuant to the
provisions of RCW 35.10.217 (2), its desire to annex into the City of Pacific certain territory
currently located within the City of Auburn, with said annexation to occur contemporaneous
with its de -annexation from the City of Auburn, which territory is legally described as
follows:
Territory to be Annexed to Pacific and De -Annexed from Auburn
THAT PORTION OF LOTS 1 AND 15 OF THE PARKER HOMESTEAD, AS RECORDED IN VOLUME 8
OF PLATS AT PAGE 51, RECORDS OF KING COUNTY, WASHINGTON, SAID PCRTIO�:',AC^r
FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M.;
THENCE SOUTH 00045'10" WEST ALONG THE WEST LINE OF SAID SECTION 31 A DISTANCE OF
30 FEET TO THE NORTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 89054'03" EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 31 A
DISTANCE OF 240.15 FEET;
THENCE SOUTH 00°28'27" WEST PARALLEL WITH THE EAST MARGIN OF "A" STREET SE RIGHT
OF WAY (OLD PSH #5) 200 FEET TO THE NORTHEAST CORNER OF TRACT "A" OF CITY OF
AUBURN LOT LINE ADJUSTMENT LLA -5-87 RECORDED UNDER RECORDING NUMBER
8704220781, RECORDS OF KING COUNTY;
THENCE NORTH 89°54'03" WEST 200.00 FEET TO SAID EAST MARGIN OF "A" STREET SE, THE
NORTHWEST CORNER OF SAID TRACT "A" AND THE WESTERLY LINE OF THE LANDS ANNEXED
TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271;
THENCE SOUTH 00°28'27" WEST ALONG SAID MARGIN, ALONG THE WESTERLY LINE OF THE
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271,
AND ALONG THE WEST LINE OF SAID TRACT "A" AND THE WEST LINE OF TRACT "B" OF SAID
LLA -5-87 A DISTANCE OF 725.43 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS
OF 985.00 FEET, THE RADIUS CENTER OF WHICH BEARS NORTH 89°31'33" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND ALONG SAID WESTERLY LINE OF THE
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AN
ARC DISTANCE OF 302.53 FEET TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH 00°45'10" WEST ALONG SAID WEST LINE, AND SAID WESTERLY LINE OF THE
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 A
DISTANCE OF 54.22 FEET TO THE SOUTHWEST CORNER OF TRACT "B" OF SAID LLA -5-87, AND
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89°14'50" EAST ALONG THE SOUTH LINE OF SAID TRACT "B" 50.00 FEET; .
THENCE SOUTH00045'10" WEST 346.82 FEET TO THE NORTHEAST CORNER OF THE LANDS
CONVEYED TO THE CITY OF AUBURN UNDER DEED RECORDED UNDER RECORDING NUMBER
8009050525, RECORDS OF SAID COUNTY;
Resolution
4/28/2003
Page 2
DIF&IN
THENCE NORTH 89014'50" WEST ALONG THE NORTH LINE OF SAID LANDS 50.00 FEET TO THE
WEST LINE OF SAID SECTION 31 AND SAID WESTERLY LINE OF THE LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271;
THENCE NORTH 00045'10" EAST ALONG THE WEST LINE OF SAID SECTION 31 AND SAID
WESTERLY LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 A DISTANCE OF 346.82 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
transmitting a copy of this Resolution to the City Clerk of Auburn, and mailing notices of the
public hearing at which the second resolution is adopted to the owners of the property
within the area proposed to be annexed, in accordance with Chapter 35.43 RCW and
Section 35.10.217(2) RCW.
Section 3. This Resolution, shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this day of
CITY OF PACIFIC
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution
4/28/2003
Page 3
2003.
Draft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CONCURING IN THE
ANNEXATION OF A PORTION PROPERTY TO THE CITY OF
PACIFIC SIMULTANEOUSLY TO ITS DEANNEXATION
FROM THE CITY OF AUBURN, PURSUANT TO RCW
35.10.217(2)
WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city or town on
its own initiative by resolution to indicate its desire to be annexed to a city or town in whole
or in part, which annexation shall become effective upon the adoption of a resolution by the
other city or town concurring in the annexation; and
WHEREAS, after consultations between representatives of the cities of Auburn and
Pacific, it was determined that it would be advantageous to both cities for certain territory
currently located within the corporate limits of the City of Auburn and adjacent to the City of
Pacific to be annexed to the City of Pacific; and
WHEREAS, in connection with such de-annexation/annexation, the cities of Pacific
and Auburn have committed to coordinate and cooperate with respect to any planning,
transportation or development issues that affect the cities; and
WHEREAS, contemporaneous with the consideration of this Resolution, the City of
Pacific is considering this de-annexation/annexation action because of the mutual benefits
to both cities and their common infrastructure needs; and
WHEREAS, the annexation shall be effective following adoption of Resolutions by
both cities of Pacific and Auburn in support of the annexation; and
WHEREAS, the, requirements of the State Environmental Policy Act and applicable
Environmental Procedures have been complied with.
Resolution
4/28/2003
Page i
Draft
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council of the City of Auburn, pursuant to the provisions of
RCW 35.10.217 (2), concurs in the annexation .into the City of Pacific certain territory
currently located within the City of Auburn, with said annexation to occur contemporaneous
with its de -annexation from the City of Auburn, which territory is legally described as
follows:
Territory to be Annexed to Pacific and De -Annexed from Auburn
THAT PORTION OF LOTS 1 AND 15 OF THE PARKER HOMESTEAD, AS RECORDED IN VOLUME 8
OF PLATS AT PAGE 51, RECORDS OF KING COUNTY, WASHINGTON, SAID PORTION MORE
FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M.;
THENCE SOUTH 00°45'10" WEST ALONG THE WEST LINE OF SAID SECTION 31 A DISTANCE OF
30 FEET TO THE NORTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 89054'03" EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 3.1 A
DISTANCE OF 240.15 FEET;
THENCE SOUTH 00°28'27" WEST PARALLEL WITH THE EAST MARGIN OF "A" STREET SE RIGHT
OF WAY (OLD PSH #5) 200 FEET TO THE NORTHEAST CORNER OF TRACT "A" OF CITY OF
AUBURN LOT LINE ADJUSTMENT LLA -5-87 RECORDED UNDER RECORDING NUMBER
8704220781, RECORDS OF KING COUNTY;
THENCE NORTH 89°54'03" WEST 200.00 FEET TO SAID EAST MARGIN OF "A" STREET SE, THE
NORTHWEST CORNER OF SAID TRACT "A" AND THE WESTERLY LINE OF THE LANDS ANNEXED
TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271;
THENCE SOUTH 00°28'27" WEST ALONG SAID MARGIN, ALONG THE WESTERLY LINE OF THE
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271,
AND ALONG THE WEST LINE OF SAID TRACT "A" AND THE WEST LINE OF TRACT "B" OF SAID
LLA -5-87 A DISTANCE OF 725.43 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS
OF 985.00 FEET, THE RADIUS CENTER OF WHICH BEARS NORTH 89°31'33" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND ALONG SAID WESTERLY LINE OF THE
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271AN
ARC DISTANCE OF 302.53 FEET TO THE WEST LINE OF SAID SECTION 31,
THENCE SOUTH 00°45'10" WEST ALONG SAID WEST LINE, AND SAID WESTERLY LINE OF THE
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 A
DISTANCE OF 54.22 FEET TO THE SOUTHWEST CORNER OF TRACT "B" OF SAID LLA -5-87, AND
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89014'50" EAST ALONG THE SOUTH LINE OF SAID TRACT "B" 50.00 FEET;
THENCE SOUTH00045'10" WEST 346.82 FEET TO THE NORTHEAST CORNER OF THE LANDS
CONVEYED TO THE CITY OF AUBURN UNDER DEED RECORDED UNDER RECORDING NUMBER
8009050525, RECORDS OF SAID COUNTY;
Resolution
4/28/2003
Page 2
Draft
THENCE NORTH 89°14'50" WEST ALONG THE NORTH LINE OF SAID LANDS 50.00 FEET TO THE
WEST LINE OF SAID SECTION 31 AND SAID WESTERLY LINE OF THE LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271;
THENCE NORTH 00045'10" EAST ALONG THE WEST LINE OF SAID SECTION 31 AND SAID
WESTERLY LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 A DISTANCE OF 346.82 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
transmitting a copy of this Resolution to the City Clerk of Pacific.
Section 3. This Resolution shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this
ATTEST:.
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution
4/28/2003
Page 3
day of 200
CITY OF AUBURN
MAYOR
Do
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PACIFIC, WASHINGTON, CONCURING IN THE
ANNEXATION OFA PORTION PROPERTY TO THE CITY OF
AUBURN SIMULTANEOUSLY TO ITS DEANNEXATION
FROM THE CITY OF PACIFIC, PURSUANT TO RCW
35.10.217(2)
WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city or town on
its own initiative by resolution to indicate its desire to be annexed to a city ortown in whole
or in part, which annexation shall become effective upon the adoption of a resolution by the
other city or town concurring in the annexation; and
W HE REAS, after consultations between representatives of the cities of Pacific and
Auburn, it was determined that it would be advantageous to both cities for certain territory
currently located within the corporate limits of the City of Pacific and adjacent to the City of
Auburn to be annexed to the City of Auburn; and
WHEREAS, in connection with such de-annexation/annexation, the cities of Auburn
and Pacific have committed to coordinate and cooperate with respect to any planning,
transportation or development issues that affect the cities; and
WHEREAS, contemporaneous with the consideration of this Resolution, the City of
Auburn is considering this de-anrlexation/annexation action because of the mutual benefits
to both cities and their common infrastructure needs; and
WHEREAS, the annexation shall be effective following adoption of Resolutions by
both cities of Auburn and Pacific in support of the annexation; and
WHEREAS, the requirements of the State Environmental Policy Act and applicable
Environmental Procedures have been complied with.
Resolution
4/28/2003
Page 1
NOW THEREFORE, THE CITY -COUNCIL OF THE CITY OF PACIFIC,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council of the City of Pacific, pursuant to the provisions of
RCW 35.10.217 (2), concurs in the annexation into the City of Auburn certain territory
currently -located within the City of Pacific, with said annexation to occur contemporaneous
with its de -annexation from the City of Pacific, which territory is legally described as follows:
Territory to be Annexed to Auburn and De -Annexed from Pacific
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., AND THE EAST HALF OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION 31,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN ANGLE POINT IN THE
WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY OF
PACIFIC ANNEXATION ORDINANCE NUMBER 319; THENCE EAST ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 3, AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF
PACIFIC ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST
CORNER OF SAID GOVERNMENT LOT 3; THENCE SOUTH ALONG THE EAST LINE OF SAID
GOVERNMENT LOTS 3 AND 4, AND THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC
ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE
OF SAID GOVERNMENT LOT 4; THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY
OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A
DISTANCE OF 1300 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON TO
THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271
AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE SOUTHWEST
CORNER OF SAID SECTION 31; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF
THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A
DISTANCE OF 70 FEET, MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON NORTHERN
SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH); THENCE NORTH ALONG SAID
EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE PARALLEL WITH AND 100 FEET
NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36;
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY; THENCE NORTH ALONG
SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A DISTANCE OF 3280 FEET, MORE OR
LESS, TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY (WHEN MEASURED ALONG THE
WEST LINE OF SAID RAILROAD RIGHT-OF-WAY) FROM THE NORTH LINE OF THE NORTHWEST
Resolution
4/28/2003
Page 2
D1rafi4
QUARTER OF SAID SECTION 36; THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE
OF 175 FEET, MORE OR LESS, TO THE EAST RIGHT -OF WAY LINE OF EAST VALLEY HIGHWAY ("A"
STREET SE); THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150
FEET, MORE OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER); THENCE
NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF 200 FEET,
MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY
CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.; THENCE SOUTH ALONG SAID LINE COMMON TO
THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271
AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
transmitting a copy of this Resolution to the City Clerk of Auburn.
Section 3. This Resolution shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this day of
CITY OF PACIFIC
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution
4/28/2003
Page 3
Dr�:�ft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .
AUBURN, WASHINGTON, RELATING TO THE
ANNEXATION OF A PORTION PROPERTY TO THE CITY OF
AUBURN SIMULTANEOUSLY TO ITS DEANNEXATION
FROM THE CITY OF PACIFIC, PURSUANT TO RCW
35.10.217(2)
WHEREAS, Resolution No. dated authorized the
annexation to the City of Auburn a portion of the City of Pacific, which annexation shall
become effective upon the adoption Resolution dated by the City
of Pacific concurring in the annexation/de-annexation; and
WHEREAS, in connection with such annexation/de-annexation, the cities of Auburn
and Pacific have committed to coordinate and cooperate with respect to any planning,
transportation, utility or development issues that affect the cities; and
WHEREAS, the annexation/de-annexation will result in a change in. the water
service areas of the cities; and
WHEREAS, Pacific desires to be granted the right to a future franchise for ingress,
egress and utilities in the vicinity of the county line on East Valley Highway in order to
access the parcels to the west of the Burlington Northern Santa Fe right of way; and
WHEREAS Auburn desires to be granted a franchise for its existing facilities in A
Street remaining in Pacific after the annexation/de-annexation; and
WHEREAS, the cities wish to amend the existing emergency intertie agreements
and relocate the emergency intertie facility serving Pacific on Lakeland Hills Way; and
WHEREAS, the cities have mutual interests in the development "Vista Heights" that
Resolution
4/28/2003
Page 1
. Draft
currently straddles the existing cities' boundary and will be completely contained within
Aubum when the annexation/de-annexation is finalized;
and
WHEREAS Aubum desires to treat and retain public storm water in public facilities;
WHEREAS Aubum and Pacific have agreed that Pacific will by bill of sale transfer
their interest in the public facilities within the annexation/de-annexation area to Aubum; and
WHEREAS Auburn and Pacific have agreed that Aubum will provide operation and
maintenance services for a portion of A Street SE remaining in Pacific; and
WHEREAS, the requirements of the State Environmental Policy Act and applicable
Environmental Procedures have been complied with.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
transmitting a copy of this Resolution to the City Clerk of Pacific.
Section 2. The Mayor is hereby authorized to execute the Water Service Area
Adjustment Agreement attached as Exhibit A, the Emergency Water System Intertie
Agreement attached as Exhibit B, the Aubum Franchise Agreement With the City of Pacific
attached as Exhibit C, the Franchise Pacific Agreement with the City.of Aubum attached as
Exhibit D upon execution by Pacific, the Vista Heights Development Agreement attached
as Exhibit E, the Bill of Sale for infrastructure being transferred from Pacific to Aubum
attached as Exhibit F and an interlocal agreement for maintenance and operation services
Resolution
4/28/2003
Page 2
on a portion of A Street SE attached as Exhibit G.
Section 3. This Resolution shall be in full jorce and affect upon passage and
signatures hereon. i
DATED and SIGNED this day of 2003.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution
4/28/2003
Page 3
EXHIBIT 1
PROPOSED ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF "A" STREET SOUTHEAST (EAST VALLEY HIGHWAY) AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., AND THE EAST HALF OF
SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN
ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN
BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE
LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST
CORNER OF SAID GOVERNMENT LOT 3;
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC
ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH
LINE OF SAID GOVERNMENT LOT 4;
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY
OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A DISTANCE
OF 1300 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY
COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS
ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A
DISTANCE OF 70 FEET, MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON
NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36;
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-
WAY) FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE OR
LESS, TO THE EAST RIGHT -OF WAY LINE OF EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET,
MORE OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE
OF 200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE
FiYHll�r
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF
PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Pacific_Exch— Rev7.doc 04-21-03
2
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EXHIBIT A
WATER SERVICE AREA AGREEMENT
This Agreement, dated , 2003, is made and entered into by and between
the City of Pacific, a Washington municipal corporation, ("Pacific") and the City of
Auburn, a Washington municipal corporation ("Auburn").
Whereas, Pacific is engaged in the business of providing water service to the public
located in certain areas of King County in the State of Washington. Auburn is engaged in
the business of providing water service to the public located in certain areas of King and
Pierce Counties in the State of Washington, and;
Whereas, the parties desire to enter into a formal service area agreement to revise the
boundary between their contiguous service areas in King county in order to avoid any
duplication or overlap of water service and to provide the most efficient service to their
respective customers, and;
Whereas, Auburn and Pacific have by resolution annexed/de-annexed an area legally
described in Exhibit "1" attached hereto and shown on the map (Exhibit "2") attached
hereto. The Cities have agreed to work together cooperatively to facilitate a practical
efficient boundary between the two systems.
Pacific and Auburn therefore agree as follows:
1. This Agreement is entered into pursuant to the South King County Coordinated Water
System Plan which Plan and Appendices are incorporated herein by this reference.
2: The contiguous water service boundary between Pacific and Auburn is agreed upon
by both parties as shown on the attached map (Exhibit "2") and as legally described
in Exhibit "3", which by this reference are incorporated herein.
3. Pacific and Auburn may by mutual written amendment(s) to this Agreement make
such adjustments to the service boundary as they -may mutually agree upon from time
to time so that water service to new service locations in close proximity to the service
boundary may be provided in an efficient, effective and economical manner. Any
such adjustments shall be documented by modifying the attached maps which when
so modified and agreed to by the parties shall constitute amendments to this
Agreement. Minor adjustments consisting of ten acres or less may be authorized by
the Public Works Director of each party.
Resolution No
Exhibit A
Page 1 of 3
IT
��Dr�ft
4. Except as specifically set forth herein, this Agreement shall not modify the
Resolutions regarding the Annexation/De-annexation process referenced above.
5. Auburn will work with Pacific to assist in the negotiations with a Tacoma Second
Supply Project Partner (SSP Partner) for future water supply for Pacific. The rate for
water sold to Pacific from a SSP Partner shall be the rate charged Auburn for the
water plus a wheeling charge to be established using cost of service principles.
6. Pacific will pay Auburn its costs associated with increasing the capacity of the
Auburn Tacoma Second Supply Pipeline connection(s) to allow the wheeling of up to
one (1) million gallon per day peak day demand and up to one half million gallon per
day average day demand from Auburn to Pacific.
7. Water available to the Pacific pursuant to this Agreement shall be in compliance with
all applicable state and federal drinking water laws, regulations and standards.
8. If Pacific requires additional or different treatment facilities in order for the wheeled
water to comply with their water quality goals or standards then Pacific will install
such treatment facilities on the Pacific side of the intertie meters at their expense: If
Auburn and Pacific determine that treatment is required to meet the mutual water
quality goals and standards then the treatment facilities will be installed as near the
point of connection to the Tacoma pipeline as practical. 'The treatment facility costs
will be shared based upon the capacity required by each city.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:'
Daniel B. Heid, City Attorney
Resolution No
Exhibit A
Page 2 of 3
CITY OF AUBURN
PETER B. LEWIS, MAYOR
STATE OF WASHINGTON)
) ss.
County of King )
I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Daskam
were the persons who appeared before me, and said persons acknowledged that they signed this instrument
and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and
voluntary act of such parties for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF Pacific
ATTEST:
Howard Erickson, MAYOR
Cathy Harstad-Everett, City Clerk
APPROVED AS TO FORM:
Bruce L. Disend, City Attorney
STATE OF WASHINGTON)
) ss.
County of King )
I certify that I know or have satisfactory evidence that Howard Erickson and Cathy Harstad-
Everett, were the persons who appeared before me, and said persons acknowledged that they signed this
instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF PACIFIC to be the
free and voluntary act of such parties for the uses and purposes mentioned in this instrument.
Dated
Resolution No
Exhibit A
Page 3 of 3
EXHIBIT 3
WATER SERVICE AGREEMENT LINE - BOUNDARY AFTER ANNEXATION
(IN THE E 1/2 OF SEC. 36 TWP 21 N, R 4E, AND W 1/2 OF SEC. 31 TWP 21 N, R SE. W.M. )
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 21 NORTH, RANGE
4 EAST, W.M., SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE LANDS
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND
THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF
PACIFIC ORDINANCE NUMBER 226;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
36, AND ALONG SAID SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET, MORE OR LESS, TO
THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-
WAY (100 FEET IN WIDTH) AND THE TRUE POINT OF BEGINNING OF THIS WATER SERVICE
AGREEMENT LINE;
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36;
THENCE WEST ALONG SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-
WAY) FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE OR
LESS, TO THE EAST RIGHT -OF WAY LINE OF EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET,
MORE OR LESS, TO THE NORTH BANK OF THE WHITE RIVER (STUCK RIVER);
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE
OF 200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF
PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 36;
THENCE NORTH ALONG THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 36 A DISTANCE OF 258 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF THE LANDS CONVEYED TO THE CITY OF AUBURN BY DEED
RECORDED UNDER RECORDING NUMBER 8009050525, RECORDS OF SAID COUNTY;
THENCE EAST 50 FEET ALONG THE NORTH LINE OF SAID LANDS TO THE NORTHEAST
CORNER THEREOF;
THENCE NORTH 346.82 FEET TO A POINT 50 FEET EAST OF THE SOUTHWEST CORNER OF
TRACT "B" OF CITY OF AUBURN LOT LINE ADJUSTMENT LLA -5-87 RECORDED UNDER
RECORDING NUMBER 8704220781, RECORDS OF KING COUNTY;
THENCE WEST ALONG THE SOUTH LINE OF SAID TRACT "B" TO THE SOUTHWEST CORNER
OF SAID TRACT "B" AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION
36;
THENCE NORTH ALONG THE WEST LINE OF SAID TRACT "B", THE LINE COMMON TO THE
LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271
AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE EAST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36 A DISTANCE OF 54.22 FEET,
MORE OR LESS, TO SAID EAST RIGHT-OF-WAY LINE OF EAST VALLEY HIGHWAY ("A"
STREET SE);
THENCE SOUTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHEAST
CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 1171;
o' ff 1/3 / T3
DRA T
EXHIBIT B
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
Pacific/Auburn Intertie Agreement No. 3
THIS AGREEMENT made and entered into by and between the City of Auburn,
hereinafter referred to as Auburn, and, the City of Pacific, hereinafter referred to as
Pacific, for the purposes of planning, designing, constructing, maintaining, and
operating an emergency system intertie between the respective parties,
WITNESSETH:
WHEREAS, both Cities have water facilities in the vicinity, and
WHEREAS, both Cities can increase fire protection and emergency water supply
reliability for their customers, and
WHEREAS, the Cities are willing to provide the necessary, services to increase
fire fighting and emergency supply reliability upon the terms and conditions set forth
herein,
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
The Cities hereby concurrently terminate, With the execution of this
Agreement the Water Sales Agreement Between City of Auburn and City
of Pacific, dated November 4, 1991 and the Water Service Agreement
dated July 27, 1984.
2. The four -inch (4") water service connection on Ellingson Road near
Pacific's well field will continue to function as an emergency water supply
under the terms and conditions of this agreement and the supply of
emergency water through this facility will be one-way from Auburn to
Pacific.
3. The new emergency water system intertie will be designed to be operated
manually as a two way emergency supply between the Auburn and Pacific
Systems. The facility shall be located on East Valley Highway in the
vicinity of the Water Service Area Boundaries between the two cities.
Final location and configuration of the facilities shall be determined at the
time of final design.
4. The emergency water system interties shall be operated only in the event
of an emergency. - For purposes of this agreement, an emergency shall be
defined as resulting from a water shortage, a major water line break, fire
Resolution No.
Exhibit B
Page 1 of 5
DR F
demand, contamination to the water supply system, mechanical
equipment failure, electrical equipment failure or Puget Sound Energy
facility failure, or any other agreed upon emergency within the water
supply system.
5. Auburn will design and administer the contract for the construction of the
new metering station. The facility will be designed and constructed in
accordance with reasonably accepted water utility standards for similar
municipal water utilities. Construction of the metering station will occur in
the future at a mutually agreed upon time. Auburn will own and maintain
the piping, interior - equipment, emergency meter and interior
appurtenances, and all piping up to the Pacific side of the vault for the
metering station.
6. Upon completion of construction, Auburn will transfer ownership of all
exterior appurtenances, and all piping that is located on the Pacific side of
the vault, to Pacific. Pacific will own and maintain the exterior
appurtenances and all piping on Pacific's side of the vault.
7. Each City will have unlimited access to the vault via a dual padlock or
ownership of keys to the vault.
8. Each City will operate the respective normally locked valve inside of the
vault. Auburn will solely unlock and operate the locked valve on Auburn's
side of the meter and Pacific will solely unlock and operate the locked
valve on Pacific's side of the meter.
9. The procedure for operating the interties in the event of such emergency
shall be as follows:
A. Each City shall determine that an emergency of sufficient
magnitude has occurred which warrants the need to request that
or both interties be activated.
B. The Public • Works Director or appointed person or authorized
personnel shall provide a verbal request to the other City's Public
Works Director or appointed person. Upon agreement that an
emergency exists which shall allow for one or both of the interties to
be opened, the intertie(s) will be activated as soon as reasonably
possible. Both Cities' personnel shall be present at the vault(s) to
open the valves to activate the facility.
C. The City requesting the
confirmation of the request r
request, or on the first day
request.
Resolution
Exhibit B
Page 2 of 5
activation shall provide a written
of less than 24 hours after the verbal
of normal business after the verbal
DRAT
D. The intertie(s) shall remain activated until the City requesting
activation determines that the need for activation of the emergency
intertie(s) has ceased and shall request in writing to close the
intertie.
E. In case of emergency or whenever the public health, safety, or the
equitable distribution of water so demands, the City supplying,, the
water may change, reduce or limit the time for or temporarily
discontinue the supply of water without notice; water service may
be- temporarily interrupted, limited for purposes of making repairs,
extensions or. doing other necessary work; and the City supplying
the water shall not be responsible for any damage resulting from
interruption, change or failure of the water supply, and the City
receiving the water (City requesting activation) shall save and hold
harmless the City supplying the water from any loss, damages or
suites to or by customers of the City receiving the water resulting
from interruption, change or failure of water supply provided by this
Agreement, except damages arising out of the City supplying the
water's negligence. Prior to a planned interruption or limiting of
service, the City supplying the water will notify the City receiving the
water of such not less than three days prior to the service
disruption. The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will, to the extent practical, limit the service disruption to
daylight hours.
10. Auburn shall read the meter(s) upon activation and upon deactivation of
the intertie(s). The City supplying the water shall verify the information
and shall then calculate and invoice the other City for the water used
during the request. The total water used during the event shall be used to
calculate the invoice. The rate for water consumed through the
emergency interties shall be at the Auburn Wholesale Rate to Algona in
effect at the time the water is used. This shall be complete payment for
the water, labor, and administration of activating the intertie(s).
11. The total project costs for the construction of the new, intertie shall include
costs for consulting design service, and construction. Auburn shall bear
the project costs in exchange for facilities transferred to Auburn as a part
of the Lakeland Hills area annexation/de-annexation. Each City is
responsible for associated staff, administration and legal costs associated
with this implementation of the agreement.
12. To the extent allowed by law, the City of Pacific shall defend, indemnify,
and hold harmless the City of Auburn, its elected officials, employees and
Resolution No.
Exhibit B
Page 3 of 5
!DRAB
agents from and against any and all suits, claims, actions, losses, costs,
expenses of litigation, attorney's fees, penalties and damages of
whatsoever kind or nature arising out of or in connection with or incident to
an act or omission of the City of Pacific, its employees, agents, and
contractors in the performance of the City of Pacific's obligations under the
Agreement and this Amendment. This indemnification provision shall
include, but is not limited to, all claims against the City of Auburn by an
employee or former employee of the City of Pacific or its contractors and,
as to such claims; the City of Pacific expressly waives all immunity and
limitation of liability under Title 51 RCW.
To the extent allowed by law, the City of Auburn shall defend, indemnify
and hold harmless the City of Pacific, its elected officials, employees and
agents from and against any and all suits, claims, actions, losses, costs,
expenses of litigation, attorney's fees, penalties;. and damages or
whatsoever kind or nature arising our of, in connection with or incident to
an act or omission of the City of Auburn, its employees, agents, and
contractors in the performance of the City of Auburn's obligations under
this Agreement. This indemnification obligation shall include, but is not
limited to, all claims against the City of Pacific by an employee or former
employee of the City of Auburn or its contractors and, as to such claims,
the City of Auburn expressly waives all immunity and limitation of liability
under Title 51 RCW.
13. This Agreement shall remain in force until terminated by either party hereto
upon 60 -days written _notice to the other party. Any project costs,.incurred
up to the date of such notice, as described herein, shall be shared in
accordance with the provisions of this Agreement.
14. Water available to the Pacific pursuant to this Agreement shall be in
compliance with all applicable state and federal drinking water laws,
regulations and standards.
15. If Pacific requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Pacific will install such treatment facilities on the
Pacific side of the intertie meters at their expense.
16. If Auburn requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Auburn will install such treatment facilities on the
Auburn side of the intertie meters at their expense.
Resolution No.
Exhibit B
Page 4 of 5
DRAFT
IN WITNESS WHEREOF, we have hereunto set our hands and seats.
CITY OF AUBURN
King County, Washington
By:
Mayor Date
Approved as to form:
By:
City Attorney Date
CITY OF PACIFIC
King County, Washington
i
By:
Mayor Date
Approved as to form:
By: '
City Attorney Date
HAWO WATER UTIMYUNTERTIESTACIRML EIA3-28jarM.DOC
Resolution No.
Exhibit B
Page 5 of 5
EXHIBIT "C"
CITY OF AUBURN, WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF PACIFIC
WHEREAS, the City of Auburn (Auburn) and the City of Pacific (Pacific) have
agreed to the annexation/de-annexation a portion of property pursuant to Resolution
- adopted , related to among other things East Valley Highway
(EVH) from the north end of the White River bridge to the King -Pierce County line in which,
Auburn recognizes and agrees to Pacific's right to access a portion of EVH near the
King/Pierce County line for ingress, egress and utilities; and
WHEREAS, Auburn and Pacific have entered into a Water Service Area Agreement,
executed pursuant to Resolution adopted ,
which revised the boundary between their respective water service areas; and
WHEREAS, the City of Auburn and Pacific have entered into an Emergency Water
System Intertie Agreement, executed pursuant to Resolution
adopted J and
WHEREAS, according to said Emergency Water System Intertie Agreement,
Auburn guaranteed Pacific the right to wheel water through Auburn's water system. for an
associated wheeling charge; and
WHEREAS, in order to maintain control over the use of Auburn right-of-ways by
Pacific within Auburn, it is appropriate to enter into franchise agreements with Pacific; and
WHEREAS, Pacific has negotiated this franchise agreement with Auburn acceptable
to both parties; and
WHEREAS, Auburn has determined that it is in the best interests of the public to
grant Pacific a franchise on the terms and conditions set forth in this Agreement.
NOW, THEREFORE THE CITY OF AUBURN AND THE CITY OF PACIFIC AGREE
AS FOLLOWS:
SECTION 1 DEFINITION
Where used in this franchise ("Franchise"), the following definitions shall apply:
1.1 "Franchisee" means the City of Pacific, a Washington municipal
corporation, and its respective successors and assigns.
1.2 "City" means the City of Auburn, a Washington municipal corporation.
1.3 "Franchise Area" means that portion of East Valley Highway where Pacific
will own, operate and maintain utilities as described with Exhibit "1" attached hereto, which
is by this reference incorporated, as if fully set forth herein; provided, that the Franchise
Resolution No.
Exhibit 'C"
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Area shall not include or convey any right to Franchisee to install facilities on or to
otherwise use City owned or leased properties outside the Franchise Area.
1.4 "Facilities" means the Franchisee's utility system, lines, mains,
appurtenances, and all other necessary or convenient facilities for the purpose of providing
water service.
1.5 "Agreement" means this Agreement setting forth the terms and conditions
of the franchise granted to the Franchisee.
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Agreement, the City grants to the
Franchisee the right to construct and install water pipelines and appurtenances and to
excavate trenches in City roads for the purposes of constructing,. installing, operating,
maintaining, removing, and replacing mains and pipes and making connections between
the same to the dwellings and other buildings of the consumers. In exercising the
foregoing rights, the Franchisee shall be governed by and conform to the general rules
adopted by the Public Works Department of the City of Auburn, and the Franchisee, at no
expense to the City, shall complete all work and shall replace and restore the City roads to
the condition of the City roads existing immediately prior to such disturbance; PROVIDED,
HOWEVER, that no such work shall be done prior to the obtaining of a permit therefor
issued by the City's Public Works Director (hereinafter "Director"), which permit shall set
forth conditions pertaining to the work to be done and specifications for the restoration of
the roads to the same condition as they were prior to such work. If the Franchisee does not
repair the City roads to the satisfaction of the Director, the City may, at its sole discretion,
repair such City roads, or cause them to be repaired, and the Franchisee hereby agrees to
reimburse the City for the cost of such work, including overhead costs.
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect from the effective date of this
Agreement forward, for a period not to exceed twenty-five (25) years from the effective
date of this Agreement provided, that this Franchise shall not take effect and the
Franchisee shall have no rights under this Franchise unless the Franchisee files a written
acceptance of this Franchise with the City pursuant to Section 4 of this Agreement.
SECTION 4 ACCEPTANCES BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed with
the City Clerk within forty-five (45) days from the date of this. Agreement, by the
Franchisee. Full acceptance of this Franchise is a condition precedent to its taking effect,
and unless this Franchise is accepted within the time specified, this grant will be null and
void and have no force or effect.
SECTION 5 NON-EXCLUSIVE FRANCHISE
This Franchise is not exclusive. It does not prohibit the City from granting franchises for
other public or private utilities in, over, along, across, and under any City property, including
the Franchise Area. This Franchise does not prevent or prohibit the City from constructing,
altering, maintaining or using any of the Franchise Area. The City retains full power to
Resolution No.
Exhibit "C"
Page 2 of I I
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make all changes, relocations; repair, maintenance or other work to or in the Franchise
Area as the City deems fit.
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads and
rights-of-way in which the City has an actual interest. It is not a warranty of title or of
interest in City road rights-of-way. None of the rights granted to the Franchisee shall affect
_ the jurisdiction of the City over City road rights-of-way or the City's power to perform work
upon its roadways, rights-of-way or appurtenant drainage facilities including by
constructing, altering, renewing, paving, widening, grading, blasting or excavating.
SECTION 7 REGULATIONS OF USE AND CONTROL
This Franchise does not deprive the City of any powers, rights, or privileges it now has or
may later acquire in the future to regulate the use of and to control the City road rights-of-
way covered by this Franchise. The City reserves the right and power at all times to
exercise its police powers with respect to the time, manner and location of the placement
of the Franchisee's Facilities.
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject to
the exercise of eminent domain. In the event of an exercise of eminent domain by the City,
the value to be attributed to all the rights and interests granted under this Franchise shall
not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise.
SECTION 9 VACATION
If at any time the City vacates any City rights-of-way covered by this Franchise, the City will
not be held liable for any damages or loss to the Franchisee by reason of such vacation.
The. City may, after giving thirty (30) days written notice to the Franchisee terminate this
Franchise with respect to any City road. or rights-of-way vacated.
SECTION 10 ENFORCEMENT
The City's failure to enforce any provision of this Franchise does not constitute a waiver of
its right to enforce that provision or any other provision of this Franchise.
SECTION 11 INDEMNITIES AND HOLD HARMLESS
11.1 The Franchisee shall defend, indemnify and hold harmless the City, its
appointed and elected officials, and its employees and agents from and against liability for
all claims, actions, injuries, demands, liabilities, losses, costs, damages and judgments,
including costs of defense thereof, (collectively referred to as "damages") for injury to
persons, death or property damage caused by, arising out of, or incidental to the
Franchisee's exercise of the rights and privileges granted by this Franchise, except for
damages caused by or arising out of the City's sole negligence. In the event that any such
claim or demand for damages is presented to or filed with the City, or if any suit or action is
initiated against the City based on such claims or demands for damages, the City shall
promptly notify the Franchisee of the claim, demand, suit or action and the Franchisee.
shall have the right, at its election and its sole cost and expense, to settle and compromise
Resolution No.
Exhibit "C"
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such claim, demand, suit or action, or defend the same at the Franchisee's sole cost and
expense.
11.2 If it is determined that RCW 4.24.115 applies to this Franchise, the
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent
permitted under that statute, and specifically for the Franchisee's negligence concurrent
with that of the City to the full extent of the Franchisee's negligence.
SECTION 12 INSURANCE
12.1 The Franchisee shall keep a policy of insurance in force with a minimum
limit of five million dollars ($5,000,000.00). Verification of insurance coverage is a
condition precedent to the effectiveness of this Agreement.
12.2 The insurance shall be maintained in full force and effect at the
Franchisee's sole expense throughout the term of the Franchise, and, should such
insurance be terminated, this Agreement shall terminate as of the date of the termination of
insurance coverage.
12.3 The coverage provided by the Franchisee's insurance policies shall be
primary to any insurance maintained by the City except as to losses or damages
attributable to the sole negligence of the City. Any insurance maintained by the City that
might relate to this Franchise shall be in excess to the Franchisee's insurance and shall not
contribute with or to it. The City has no obligation to report occurrences to the insurance
companies unless a claim is' filed with the City's City Council; and the City has no
obligations to pay the Franchisee's premiums.
12.4 The Franchisee shall be solely and completely responsible to perform all
work related to this Franchise in compliance with all applicable federal, state, county and
city statutes, rules, regulations, Ordinances, orders and codes. The Franchisee's attention
is directed to the requirements of the Washington Industrial Safety and Health Act,
Chapter 49.17 RCW. The Franchisee shall be solely and completely responsible for safety
and safety conditions on its job sites and for its work within the Franchise Area, including
the safety of all persons and property during performance of any works therein. The
services of the City or City's consultant personnel in conducting construction review of the
Franchisee's work relating to the Franchise is not intended to include review of the
adequacy of the Franchisee's work methods, equipment, scaffolding, or trenching, or safety
measures in, on or near such Franchise Area or job site. The Franchisee shall provide
safe access for the City and its inspectors to adequately inspect the work and its
conformance with applicable statutes, Ordinances, rules, regulations, and the Franchise.
SECTION 13 INSTALLATIONS, REPAIR, REMOVAL OR RELOCATION
13.1 The Franchisee shall, at no expense to the City, expeditiously repair all
existing Facilities that it owns within the Franchise Area, including any damage caused
directly or indirectly by its Facilities, all appurtenant Facilities and service lines connecting
its system to users, if the City requires such repair for any reasonable purpose.
13.2 The Franchisee shall, at no expense to the City, adjust, remove or
relocate existing Facilities within the Franchise Area, including all appurtenant Facilities
and service lines connecting its system to users, if the City determines such adjustment,
Resolution No.
Exhibit 'C"
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removal or relocation is reasonably necessary to allow for an improvement or alteration
planned by the City. The City shall give the Franchisee written notice of such requirement
as soon as practicable. The written notice shall include all available information, such as
plans and specifications, as is reasonably necessary for the Franchisee to plan for such
adjustment, removal or relocation.
13.3 Franchisee's Facilities shall be constructed, installed, maintained and
repaired within the Franchise Area so as to provide safety of persons and property, and not
interfere with the free passage of traffic, all in accordance with -the laws of the State of
Washington, and the Ordinances, resolutions, rules and regulations of the City.
13.4 For projects that are a part of the City's capital improvement program, in
addition to any other notice given to the Franchisee, the City shall provide a copy of the
capital improvement plan and six (6) year transportation improvement plan when
requested. Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it, both existing and as proposed by the City, and the
proposed construction schedule. The initial design information shall be given at least one
hundred and eighty (180) days before construction is scheduled to begin, except in cases
of urgent construction or emergencies. The Franchisee shall respond to this notice, and to
any later notices of revised designs, within twenty (20) days of the date of the notice, by
providing to the City the Franchisee's best available information as to the location of all the
Franchisee's Facilities, including all appurtenant Facilities and service lines connecting its
system to users and all Facilities that it has abandoned, within the area proposed for the
project.
13.5 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public works
project as well as all required adjustments, removals or relocations of the Franchisee's
Facilities. The City shall have sole authority to choose the contractor to perform such work.
Such bid documents shall provide for an appropriate cost allocation between the parties.
In addition to the Franchisee's allocation of contractor costs, the Franchisee shall
reimburse the City for all costs, to include but not be limited to legal, engineering,
inspections, administration and/or soils testing, related to the Franchisee's work and
reasonably incurred by the City in the administration of such joint construction contracts.
Such costs shall include the direct salary cost of the time of City professional and technical
personnel, including the City's consultants, spent productively engaged in such work, plus
overhead costs at the standard rate charged by the City on other similar projects.
13.6 It is understood that emergency situations may arise that could threaten
public health and/or continued operation of the Franchisee's utility
system and the Franchisee may be unable to notify the City in the
manner prescribed in Section 14 of this Franchise. In such a
situation the Franchisee shall immediately correct the hazardous
situation and continue to use best efforts to contact the City staff.
The Emergency Phone Number for the City of Auburn is (253)
931-3010, and the City of Pacific is (253) 929-1110. Dialing 911 is
advised for emergency situations.
Resolution No.
Exhibit "C"
Page 5 of 11
Draft
SECTION 14 REQUIREMENTS OF CONSTRUCTION PERMITS
14.1 The Franchisee has the right, privilege and authority to enter the City road
rights-of-way for the purpose of constructing, installing, operating, maintaining, replacing or
repairing its Facilities on the condition that it obtains. construction, excavation, and right-of-
way use permits issued by the City. Any work performed, whether by Franchisee, its
contractors, or third parties, shall include necessary paving, patching, grading and any
other reasonably necessary repair or restoration to the City rights-of-way. All work shall be
done to the City's satisfaction.
14.2 All equipment, pipelines and appurtenances which are used in the
construction, installation, operation, maintenance or repair of the Franchisee's Facilities
and which are located within the City road rights-of-way and owned by the Franchisee shall
be considered to be part of the Franchisee's system and shall be the responsibility of the
Franchisee. All permits for the construction, installation, operation, maintenance or repair
of the Franchisee's system shall be applied for and given in the name of the Franchisee,
who will be responsible for all work done under the permit. The Franchisee remains
responsible whether the work is performed by the Franchisee, its contractors, or by third
parties.
14.3 When required by the Public Works Director, the Franchisee shall post a
bond to the City in the amount sufficient for any road repair or restoration. The amount of
the bond shall be set by the City and must be filed with the City before a permit will be
issued.
SECTION 15 PERFORMANCE OF WORK
15.1 Any work performed by the Franchisee in the Franchise Area shall
conform to all City Ordinances and requirements including, but not limited to, Auburn City
Code and the City's Design and Construction Standards in force when the work is
performed. All traffic control shall conform to the current edition of the Uniform Traffic
Control Devices in force when the work is performed.
15.2 If work performed under this Franchise makes it necessary to tum off or
diminish water pressure to any fire hydrant, the Franchisee shall notify the City's Fire
Department by telephone and by written notice, that water pressure or fire flow conditions
have been. affected. Except in the case of an emergency, the notice shall be provided at
least 48 hours prior to the water pressure being turned off or diminished. If more than one
fire hydrant will be affected, the Franchisee shall provide a map of the affected area to the
Fire Department. Out -of -service fire hydrants must be identified as not operational by
covering with a properly secured burlap or plastic bag. Fire hydrants should be returned to
full service as soon as reasonably possible or no longer than two working days from the
date service was diminished. The Franchisee shall notify the City's Fire Department when
the hydrant is returned to full service.
SECTION 16 RESTORATION OF CITY RIGHTS-OF-WAY
After performing work on, under or adjacent to City road rights-of-way, the Franchisee is
responsible for and shall leave all City road rights-of-way in the condition of the City roads
rights-of-way existing immediately prior to such disturbance. If the Franchisee, its
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contractors, or third parties working under permit should fail to diligently restore City road
rights-of-way to the satisfaction of the City, the City may make such repairs or restorations
as are necessary to return the City road rights-of-way to a condition reasonably
comparable to the condition of the City roads rights-of-way existing immediately prior to
such disturbance. Upon presentation of an itemized bill for repairs or restorations,
including all applicable costs, both direct and indirect, to include but not be limited to the
cost of labor, tools, materials and equipment, the Franchisee shall pay the bill within sixty-
five (65) days.
SECTION 17 GUARANTEES
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two (2) years from the date the City accepts
the work and/or restoration.
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this Agreement, the Franchisee shall provide the City with all
information requested by the City regarding the location of the Franchisee's current
Facilities, including but not limited to copies of all record drawings for such Facilities. If the
Franchisee performs any work to install, repair, reconstruct, or replace Facilities in the
Franchise Area after this Agreement's effective date, the Franchisee shall provide the City
with all information requested by the City regarding the location of those Facilities, including
but not limited to copies of record drawings.
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rights-of-way, if either the Franchisee or the
City plans to make excavations in the Franchise Area, the party planning such excavation
shall provide written notice to the other of the planned excavation, affording the other party
the opportunity to share in the excavation; provided, that (1) such joint use shall not
unreasonably delay the work of the party causing the excavation to be made, (2) such joint
use shall be arranged and accomplished on terms and conditions satisfactory to both
parties, and (3) either party may deny such request for safety reasons.
SECTION 20 REIMBURSEMENTS OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City, which are directly or indirectly related to the receipt, review
and approval of this Franchise. In the event of non-payment thereafter, the Franchisee
shall pay the City's reasonable attorneys' fees and other costs incurred in collecting such
amount. Payment must be made within sixty-five (65) days of the. Franchisee's receipt of
the City's bill/invoice. If payment is not paid in full within the sixty-five (65) days, this
Franchise shall become null and void.
SECTION 21 BLASTING REQUIREMENTS
The Franchisee's right to construct, install, operate, maintain and repair Facilities does not
preclude the City, its agents or contractors from blasting, grading, or doing other road work
contiguous to the Franchisee's Facilities. When practical, the City shall give the
Franchisee forty-eight (48) hours notice of blasting or excavating.
Resolution No.
Exhibit T"
Page 7 of 11
DD reit
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise, the Franchisee shall establish two or
more reference marks to all monuments and markers of every nature relating to
subdivisions, plats, rights-of-way, and all other surveys. The reference points shall be
located so that they will not be disturbed during any of Franchisee's operations under this
Franchise. The method of referencing monuments or other markers or points shall be
approved by the City before placement. The replacement of all markers or monuments
disturbed during any construction of the Franchisee shall be made as promptly as
conditions permit. The cost of monuments or markers lost, destroyed, or disturbed and the
expense or replacement with approved markers or monuments shall be bome by the
Franchisee.
SECTION 23 RESERVATIONS OF RIGHTS
The City reserves the right, upon thirty (30) days written notice to the Franchisee, to amend
or modify the provisions or conditions of this Franchise to conform to any state, county,
federal, or city statute, ordinance, rule or regulation. The City may terminate this Franchise
upon thirty (30) days written notice to the Franchisee if the Franchisee fails or refuses to
comply with such amendment or modification.
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written consent
of the City. No assignment shall be effective unless an acceptance by the assignee of all
rights, conditions, terms, provisions and responsibilities contained within the Franchise, as
well as surety bonds which the City deems necessary to be posted, are received as
allowed by law. The City's approval of the assignment may be made subject to. the
assignee's acceptance of new or modified terms of. the Franchise.
SECTION 25 PENALTY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term, condition or responsibility under
this Franchise, the City may provide the Franchisee with written notice of the City's intent
to revoke the Franchise if the Franchisee's failure is not cured within thirty (30) days of the
date of the notice. During the thirty (30) days following the date of the notice, the
Franchisee shall have the opportunity to remedy the failure to comply. A public hearing
shall be scheduled before the Auburn City Council at least thirty (30) days following the
notification on the issue of the revocation. If at the hearing, the City Council finds that
grounds exist to revoke the Franchise under this paragraph and that the revocation is in the
public interest, the City Council may by ordinance revoke the Franchise. The revocation
shall be effective ninety (90) days after the public hearing.
SECTION 26 EXPIRATION AND RENEWAL
26.1 If the Franchisee requests a renewal of this Franchise prior to its
expiration date, the City may, at the City's sole discretion, extend the term of this Franchise
for up to one year beyond the expiration date to allow for processing of the renewal. If the
City elects to extend the term of this Franchise, written notice of the extension shall be
provided to the Franchisee prior to the Franchise expiration date.
Resolution No.
Exhibit "C'
Page 8 of 11.
DD iraff4
26.2 If the Franchisee has not requested a renewal of this Franchise prior to its
expiration date, the City has the right, upon thirty (30) day's prior notice to the Franchisee,
to remove or relocate any of the Franchisee's Facilities as is reasonably necessary for the
public's health, welfare or safety, or for the construction, alteration, or improvement of the
Franchise Area, or for the construction or installation of lines or facilities of other franchise
holders. The Franchisee shall be liable for costs incurred in any removal or relocation of
the Franchisee's Facilities under this section.
26.3 Upon the expiration of this Franchise, the Franchisee shall continue to be
responsible for the operation and maintenance of the Franchisee's existing facilities in the
Franchise Area, but shall not have the right to provide additional services. This Section
and Sections 11, 13, 14, 15, 16, 19, and 22 of this Franchise shall continue in_ force until
such time as the Franchisee's Facilities are abandoned to the City in accordance with the
terms and conditions of the Annexation Resolution.
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal, state and local laws and regulations
including, but not limited to, the State Environmental Policy Act and the City's
Environmental Standards and Ordinances.
SECTION 28 NON-DISCRIMINATION CLAUSES
In all hiring or employment made possible or resulting from this Franchise, there shall be
no discrimination against any employee or applicant for employment because of sex,
sexual orientation, age, race, color, national origin, marital status or the presence of any
sensory, mental, or physical handicap, unless based upon a bona fide occupation
qualification. No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement on
the grounds of sex, sexual orientation, race, color, national origin, age, except minimum
age and retirement provisions, marital status, or the presence of any sensory, mental or
physical handicap.
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified:
City of Auburn:
City Engineer
25 West Main Street
Auburn, WA 98001-4998
253-931-3010
City of Pacific:
Public Works Director
100 3`d Avenue S.E.
Pacific, WA 98047
253-929-1110
Resolution No.
Exhibit "C"
Page 9 of I 1
Draft
SECTION 30 ATTORNEYS' FEES
If either parry commences litigation against the other party relating to the performance or
alleged breach of this Franchise, the prevailing party shall be entitled to all costs, including
reasonable attorneys' fees incurred, relating to such litigation, including those incurred in
any appeal.
SECTION 31 SEVERANCES
If any term, provision, condition or portion of this Franchise is held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this Franchise which shall
continue in full force and effect, unless the dominant purpose of the Franchise would be
prevented or the public interest would no longer be served, as determined by the City.
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five days prior to its date of passage and
submitted to the city attorney, and being approved by at least a majority of the entire city
council at a regular city council meeting, shall take effect and be in force five days after its
passage, approval and publication as required by law.
SECTION 33 EXISTING UTILITIES
This Franchise shall govern City of Pacific, new utility Facilities within the City of Auburn.
PASSED by Auburn's City Council this day of , 200
APPROVED by Auburn's Mayor this day of '200
PETER B.. LEWIS, Mayor
City of Auburn
ATTEST/AUTHENTICATE:
DANIELLE E. DASKAM, Auburn City Clerk Date
APPROVED AS TO FORM:
DANIEL B. HEID, Auburn City Attorney Date
Resolution No.
Exhibit "C"
Page 10 of 11
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THE CITY OF PACIFIC, a municipal corporation of the State of Washington, accepts all
the rights, privileges and duties of this franchise subject to all terms, conditions, stipulations
and obligations contained herein.
PASSED by Pacific's City Council this day of , 200
APPROVED by Pacific's Mayor this
ATTEST:
day of 9200,
, Mayor
City of Pacific
, Pacific City Clerk Date
APPROVED AS TO FORM:
Pacific City Attorney Date
FILED WITH THE CITY CLERK:
PASSED BY AUBURN'S CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
AUBURN AGREEMENT NO:
PACIFIC AGREEMENT NO:
Resolution No.
Exhibit "C"
Page 11 of t
Draft
Exhibit 1
CITY OF PACIFIC - DESCRIPTION CROSSING EAST VALLEY HIGHWAY
BEGINNING AT INTERSECTION OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY (`A -
STREET SOUTHEAST) AND THE NORTH LINE OF TOWNSHIP 20 NORTH, RANGE 5 EAST,
W.M.;
THENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A
DISTANCE OF 50 FEET;
THENCE WEST TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE (BNSF)
RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTHERLY ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
DISTANCE OF 150 FEET;
THENCE EAST TO SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY;
THENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A
DISTANCE OF 100 FEET TO THE POINT OF BEGINNING:
SITUATE IN KING AND PIERCE COUNTIES, WASHINGTON.
ASTSEPa*kgA=U.doc 01-31-03
Resolution No
Exhibit 1
Page 1 of 1
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EXHIBIT D
CITY OF. PACIFIC, WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF AUBURN
WHEREAS, the City of Auburn (Auburn) and the City of Pacific (Pacific) have agreed to the
annexation/de-annexation a portion of property pursuant to Resolution adopted
, related to among other things East Valley Highway (EVH) from the north end of
the White River bridge to the King -Pierce County line in which, Auburn recognizes and agrees to
Pacific's right to access a portion of EVH near the King/Pierce County line for ingress, egress
and utilities; and
WHEREAS, Auburn and Pacific have entered into a Water Service Area Agreement, executed
pursuant to Resolution adopted , which revised the
boundary between their respective water service areas; and
WHEREAS, the City of Auburn and Pacific have entered into an Emergency Water System
Intertie Agreement, executed pursuant to Resolution adopted
; and
WHEREAS, in order to maintain control over the use of City of Pacific right-of-way by utilities
operating within the City of Pacific, it is appropriate to enter into franchise agreements with such
utilities; and
WHEREAS, City of Auburn is such a utility, and has negotiated this franchise agreement with the
City of Pacific acceptable to both parties; and
WHEREAS, the City of Pacific has determined that it is in the best interests of the public to grant
the City of Auburn a franchise on the terms and conditions set forth in this Agreement; now,
therefore
THE CITY COUNCIL OF THE CITY OF PACIFIC, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1 DEFINITIONS
Where used in this franchise ("Franchise"), the following definitions shall apply:
1.1 "Franchisee" means the City of Auburn, a Washington municipal corporation,
and its respective successors and assigns.
1.2 "City" means the City of Pacific, a Washington municipal corporation.
1.3 "Franchise Area" means the Right of Way of A Street SE as described in
Exhibit "1" attached hereto, which is by this reference incorporated, as if fully set forth herein;
provided, that the Franchise Area shall not include or convey any right to Franchisee to install
facilities on or to otherwise use City owned or leased properties outside the Franchise Area.
Resolution No
Exhibit D
Page 1 of 11
��'ttll37 % L�
D r alfit�
1.4 "Facilities" means the Franchisee's water system, lines, mains, appurtenances,
and all other necessary or convenient facilities for the purpose of providing water service.
1.5 "Agreement" means this Agreement setting forth the terms and conditions of
the franchise granted to the Franchisee.
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Agreement, the City grants to the Franchisee
the right for the construction and installation of water pipeline, appurtenances and the excavation
of trenches on City roads for the purposes of constructing, installing, operating, maintaining,
removing, and replacing mains and pipes and making connections between the same to the
dwellings and other buildings of the consumers, the Franchisee shall be governed by and
conform to the general rules adopted by the Public Works Department of the City of Pacific, and
the Franchisee, at no expense to the City, shall complete all such work and shall replace and
restore the City roads to a condition reasonably comparable to the condition of the City roads
existing immediately prior to such disturbance; PROVIDED, HOWEVER, that no such work shall
be done prior to the obtaining of a permit therefor issued by the City's Public Works Director
(hereinafter "Director"), which permit shall set forth conditions pertaining to the work to be done
and specifications for the restoration of the roads to the same condition as they were prior to
such work. If the Franchisee does not repairthe City roads to the satisfaction of the Director, the
City may, at its sole discretion, repair such City roads, or cause them to be repaired, and the
Franchisee hereby agrees to reimburse the City for the cost of such work, including overhead
costs.
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect for a period of twenty-five (25) years
from the effective date of this Agreement; provided, that this Franchise shall not take effect and
.the -Franchisee shall have no rights under this Franchise unless the Franchisee files a written
acceptance of this Franchise with the City pursuant to Section 4 of this Agreement.
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed with the
City Clerk within forty-five (45) days from the date of this Agreement, by the Franchisee. Full
acceptance of this Franchise is a condition precedent to its taking effect, and unless this
Franchise is accepted within the time specified, this grant will be null and void and have no force
or effect.
SECTION 5 NON-EXCLUSIVE FRANCHISE
This Franchise is not exclusive. It does not prohibit the City from granting franchises for other
public or private utilities in, over, along, across, and under any City property, including the
Franchise Area. This Franchise does not prevent or prohibit the City from constructing, altering,
maintaining or using any of the Franchise Area. The City retains full power to make all changes,
relocations, repair, maintenance or other work to or in the Franchise Area as the City deems fit.
Resolution No
Exhibit D
Page 2 of 11
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads and rights-
of-way in which the City has an actual interest. It is not a warranty of title or of interest in City
road rights-of-way. None of the rights granted to the Franchisee shall affect the jurisdiction of
the City over City road rights-of-way or the City's power to perform work upon its roadways,
rights-of-way or appurtenant drainage facilities including by constructing, altering, renewing,
paving, widening, grading, blasting or excavating.
SECTION.7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers, rights, or privileges it now has or may
later acquire in the future to regulate the use of and to control the City road rights-of-way covered
by this Franchise. The City reserves the right and power at all times to exercise its police powers
with respect to the time, manner and location of the placement of the Franchisee's Facilities.
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject to the
exercise of eminent domain. In the event of an exercise of eminent domain by the City, the
value to be attributed to all the rights and interests granted under this Franchise shall not exceed
the actual amount the Franchisee paid to the City in obtaining this Franchise.
SECTION 9 VACATION
If at any time the City vacates any City rights-of-way covered by this Franchise, the City will not
be held liable for any damages or loss to the Franchisee by reason of such vacation. The City
may, after giving thirty (30) days written notice to the Franchisee terminate this Franchise with
respect to any City road or rights-of-way vacated. -
SECTION 10 ENFORCEMENT
The City's failure to enforce any provision of this Franchise does not constitute a waiver of its
right to enforce that provision or any other provision of this Franchise.
SECTION 11 INDEMNITIES AND HOLD HARMLESS
11.1 The Franchisee shall defend, indemnify and hold harmless the City, its
appointed and elected officials, and its employees and agents from and against liability for all
claims, actions, injuries, demands, liabilities, losses, costs, damages and judgments, including
costs of defense thereof, (collectively referred to as "damages") for injury to persons, death or
property damage caused by, arising out of, or incidental to the Franchisee's exercise of the rights
and privileges granted by this Franchise, except for damages caused by or arising out of the
City's sole negligence. In the event that any such claim or demand for damages is presented to
or filed with the City, or if any suit or action is initiated against the City based on such claims or
demands for damages, the City shall promptly notify the Franchisee of the claim, demand, suit or
action and the Franchisee shall have the right, at its election and its sole cost and expense, to
settle and compromise such claim, demand, suit or action, or defend the same at the
Franchisee's sole cost and expense.
Resolution No
Exhibit D
Page 3 of 11
OTTER
11.2 If it is determined that RCW 4.24.115 applies to this Franchise, the Franchisee
agrees to defend, hold harmless and indemnify the City to the maximum extent permitted under
that statute, and specifically for the Franchisee's negligence concurrent with that of the City to
the full extent of the Franchisee's negligence.
SECTION 12 INSURANCE
12.1 The Franchisee being a municipality in the State of Washington shall be self-
insured through the Washington Cities Insurance Association (WCIA). If required by Pacific,
Auburn shall request the WCIA to provide Pacific with a letter sent from the WCIA evidencing
such an insurance policy to be in force.
12.2 The insurance shall be maintained in full force and effect at the Franchisee's
sole expense throughout the term of the Franchise. The City shall be given at least forty-five
(45) days written notice that the Franchisee is no longer a member of the WCIA. Such notice to
the City shall be by certified mail, sent to City of Pacific; Public Works Dept.; 100 3"d SE; Pacific,
Washington 98047
12.3 The coverage provided by Auburn's insurance policies shall be primary to any
insurance maintained by Pacific except as to losses or damages attributable to the sole
negligence of Pacific. Any insurance maintained by Pacific that might relate to this Franchise
shall be in excess to Auburn's insurance and shall not contribute with or to it. Pacific has no
obligation to report occurrences to the insurance companies unless a claim is filed with Pacific's
City Council; and Pacific has no obligations to pay Auburn's premiums.
12.4 The Franchisee shall be solely and completely responsible to perform all work
related to this Franchise in compliance with all applicable federal, state, county and city statutes,
rules, regulations, ordinances, orders and codes. The Franchisee's attention is directed to the
requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. The
Franchisee shall be solely and completely responsible for safety and safety conditions on its job
sites and for its work within the Franchise Area, including the safety of all persons and property
during performance of any works therein. The services of the City or City's consultant personnel
in conducting construction review of the Franchisee's work relating to the Franchise is not
intended to include review of the adequacy of the Franchisee's work methods, equipment,
scaffolding, or trenching, or safety measures in, on or near such Franchise Area or job site. The
Franchisee shall provide safe access for the City and its inspectors to adequately inspect the
work and its conformance with applicable statutes, ordinances, rules, regulations, and the
Franchise.
SECTION 13 INSTALLATION, REPAIR, REMOVAL OR RELOCATION
13.1 The Franchisee shall, at no expense to the City, expeditiously repair all existing
Facilities that it owns within the Franchise Area, including any damage caused directly or
indirectly by its Facilities, all appurtenant Facilities and service lines connecting its system to
users, if the City requires such repair for any reasonable purpose.
13.2 The Franchisee shall, at no expense to the City, adjust, remove or relocate
existing Facilities within the Franchise Area, including all appurtenant Facilities and service lines
Resolution No
Exhibit D
Page 4 of 11
connecting its system to users, if the City determines such adjustment, removal or relocation is
reasonably necessary to allow for an improvement or alteration planned by the City. The City
shall give the Franchisee written notice of such requirement as soon as practicable. The written
notice shall include all available information, such as plans and specifications, as is reasonably
necessary for the Franchisee to plan for such adjustment, removal or relocation.
13.3 Franchisee's Facilities shall be constructed, installed, maintained and repaired
within the Franchise Area so as to provide safety of persons and property, and not interfere with
the free passage of traffic, all in accordance with the laws of the State of Washington, and the
ordinances, resolutions, rules and regulations of the City.
13.4 For projects that are a part of the City's capital improvement program, in
addition to any other notice given to the Franchisee, the City shall provide a vertical and
horizontal profile of the roadway and drainage facilities within it, both existing and as proposed
by the City,. and the proposed construction schedule. The initial design information shall be
given at least thirty (30). days before construction is scheduled to begin, except in cases of
urgent construction or emergencies. The Franchisee shall respond to this notice, and to any
later notices of revised designs, within twenty (20) days of the date of the notice, by providing to
the City the Franchisee's best available information as to the location of all the Franchisee's
Facilities, including all appurtenant Facilities and service lines connecting its system to users and
all Facilities that it has abandoned, within the area proposed for the project.
13.5 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public works project
as well as all required adjustments, removals or relocations of the Franchisee's Facilities. The
City shall have sole authority to choose the contractor to perform such work. Such bid
documents shall provide for an appropriate cost allocation between the parties. In addition to the
Franchisee's allocation of contractor costs, the Franchisee shall reimburse the City for all costs,
to include but not be limited to legal, engineering, inspections, administration and/or soils testing,
related to the Franchisee's work and reasonably incurred by the City in the administration of
such joint construction contracts. Such costs shall include the direct salary cost of the time of
City professional and technical personnel, including the City's consultants, spent productively
engaged in such work, plus overhead costs at the standard rate charged by the City on other
similar projects.
13.6 It is understood that emergency situations may arise that could threaten public
health and/or continued operation of the Franchisee's utility system and the Franchisee may be
unable to notify the City in the manner prescribed in Section 14 of this Franchise. In such a
situation the Franchisee shall immediately correct the hazardous situation and continue to use
best efforts to contact the City staff. The Emergency Phone Number for the City of Pacific is
253-929-1110, and the City of Auburn is 253-931-3048. Dialing 911 is advised for emergency
situations.
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
14.1 The Franchisee has the right, privilege and authority to enter the City road
rights-of-way for the purpose of constructing, installing, operating, maintaining, replacing or
Resolution No
Exhibit D
Page 5 of 11
D
repairing its Facilities on the condition that it obtains construction, excavation, and right-of-way
use permits issued by the City. Any work performed, whether by Franchisee, its contractors, or
third parties, shall include necessary paving, patching, grading and any other reasonably
necessary repair or restoration to the City rights-of-way. All work shall be done to the City's
satisfaction.
14.2 All equipment, lines and appurtenances which are used in the construction,
installation, operation, maintenance or repair of the Franchisee's Facilities and which are located
within the City road rights-of-way and owned by the Franchisee shall be considered to be part of
the Franchisee's system and shall be the responsibility of the Franchisee. All permits for the
construction, installation, operation, maintenance or repair of the Franchisee's system shall be
applied for and given in the name of the Franchisee, who will be responsible for all work done
under the permit. The Franchisee remains responsible whether the work is performed by the
Franchisee, its contractors, or by third parties.
14.3 When required by the Director, the Franchisee shall post a bond to the City in
the amount sufficient for any road repair or restoration. The amount of the bond shall be set by
the City and must be filed with the City before a permit will be issued.
SECTION 15 PERFORMANCE OF WORK
15.1 Any work performed by the Franchisee in the Franchise Area shall conform to
all City ordinances and requirements including, but not limited to, Chapter 13.12 PMC and the
City's Road Standards in force when the work is performed. All traffic control shall conform to
the current edition of the Uniform Traffic Control Devices in force when the work is performed.
15.2 If work performed under this Franchise makes it necessary to tum off or
diminish water pressure to any fire hydrant, the Franchisee shall notify the City's Fire
Department by telephone and by written notice, that water pressure or fire flow conditions have
been affected. Except in the case of an emergency, the notice shall be provided at least 48
hours prior to the water pressure being turned off or diminished. If more than one fire hydrant
will be affected, the Franchisee shall provide a map of the affected area to the Fire Department.
Out -of -service fire hydrants must be marked to indicate that it is not operational.
SECTION 16 RESTORATION OF CITY RIGHTS-OF-WAY
After performing work on, under or adjacent to City road rights-of-way, the Franchisee is
responsible for and shall leave all City road rights-of-way in a condition reasonably comparable
to the condition of the City roads rights-of-way existing immediately prior to such disturbance. If
the Franchisee, its contractors, or third parties working under permit should fail to diligently
restore City road rights-of-way to the satisfaction of the City, the City may make such repairs or
restorations as are necessary to return the City road rights-of-way to a condition reasonably
comparable to the condition of the City roads rights-of-way existing immediately prior to such
disturbance. Upon presentation of an itemized bill for repairs or restorations, including all
applicable costs, both direct and indirect, to include but not be limited to the cost of labor, tools,
materials and equipment, the Franchisee shall pay the bill within sixty-five (65) days.
Resolution No
Exhibit D
Page 6 of. 11
Dr�ft�
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the Franchisee .
under this Franchise for a period of two (2) years from the date the City approves the work
and/or restoration.
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this Agreement, the Franchisee shall provide the City with all
information requested by the City regarding the location of the Franchisee's current Facilities,
including but not limited to copies of all record drawings for such Facilities. If the Franchisee
performs any work to install, repair, reconstruct, or replace Facilities in the Franchise Area after
this Agreement's effective date, the Franchisee shall provide the City with all information
requested by the City regarding the location of those Facilities, including but not limited to copies
of record drawings.
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rights-of-way, if either the Franchisee or the City
plans to make excavations in the Franchise Area, the party planning such excavation shall
provide written notice to the other of the planned excavation, affording the other party the
opportunity to share in the excavation; provided, that (1) such joint use shall not unreasonably
delay the work of the parry causing the excavation to be made, (2) such joint use shall be
arranged and accomplished on terms and conditions satisfactory to both parties, and (3) either
party may deny such request for safety reasons.
SECTION 20 REIMBURSEMENT OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City which are directly or indirectly related to the receipt, review and
approval of this Franchise. In the event of non-payment thereafter, the Franchisee shall paythe
City's reasonable attomeys' fees and other costs incurred in collecting such amount. Payment
must be made within sixty-five (65) days of the Franchisee's receipt of the City's bill/invoice. If
payment is not paid in full within the sixty-five (65) days, this Franchise shall become null and
void.
SECTION 21 BLASTING REQUIREMENTS
The Franchisee's right to construct, install, operate, maintain and repair Facilities does not
preclude the City, its agents or contractors from blasting, grading, or doing other road work
contiguous to the Franchisee's Facilities. When practical, the City shall give the Franchisee
forty-eight (48) hours notice of blasting or excavating.
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise, the Franchisee shall establish two or more
reference marks to all monuments and markers of every nature relating to subdivisions, plats,
rights-of-way, and all other surveys. The reference points shall be located so that they will not
be disturbed during any of Franchisee's operations under this Franchise. The method of
referencing monuments or other markers or points shall be approved by the City before
Resolution No
Exhibit D
Page 7 of 11
Dll
placement. The replacement of all markers or monuments disturbed during any construction of
the Franchisee shall be made as promptly as conditions permit. The cost of monuments or
markers lost, destroyed, or disturbed and the expense or replacement with approved markers or
monuments shall be bome by the Franchisee.
SECTION 23 RESERVATION OF RIGHTS '
The City reserves the right, upon thirty (30) days written notice to the Franchisee, to amend or
modify the provisions or conditions of this Franchise to conform to any state, county, federal, or
city statute, ordinance, rule or regulation. The City may terminate this Franchise upon thirty (30)
days written notice to the Franchisee if the Franchisee fails or refuses to comply with such
amendment or modification.
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written consent of
the City. No assignment shall be effective unless an acceptance by the assignee of all rights,
conditions, terms, provisions and responsibilities contained within the Franchise, as well as
surety bonds which the City deems necessary to be posted, are received. The City's approval of
the assignment may be made subject to the assignee's acceptance of new or modified terms of
the Franchise.
SECTION 25 PENALTY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term, condition or responsibility under this
Franchise, the City may provide the Franchisee with written notice of the City's intent to revoke
the Franchise if the Franchisee's failure is not cured within thirty (30) days of the date of the
notice. During the thirty (30) days following the date of the notice, the Franchisee shall have the
opportunity to remedy the failure to comply. A public hearing shall be scheduled before the
Pacific City Council at least thirty (30) days following the notification on the issue of the
revocation. If at the hearing, the City Council finds that grounds exist to revoke the Franchise
under this paragraph and that the revocation is in the public. interest, the City Council may by
Agreement revoke the Franchise. The revocation shall be effective ninety (90) days after the
public hearing.
SECTION 26 EXPIRATION AND RENEWAL
26.1 If the Franchisee requests a renewal of this Franchise prior to its expiration
date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one
year beyond the expiration date to allow for processing of the renewal. If the City elects to
extend the term of this Franchise, written notice of the extension shall be provided to the
Franchisee prior to the Franchise expiration date.
26.2 If the Franchisee has not requested a renewal of this Franchise prior to its
expiration date, the City has the right, upon thirty (30) day's prior notice to the Franchisee, to
remove or relocate any of the Franchisee's Facilities as is reasonably necessary for the public's
health, welfare or safety, or for the construction, alteration, or improvement of the Franchise
Area, or for the construction or installation of lines or facilities of other franchise holders. The
Resolution No
Exhibit D
Page 8 of 11
'Drift
Franchisee shall be liable for costs incurred in any removal or relocation of the Franchisee's
Facilities under this section.
26.3 Upon the expiration of this Franchise, the Franchisee shall continue to be
responsible for the operation and maintenance of the Franchisee's existing facilities in the
Franchise Area, but shall not have the right to provide additional services. This Section and
Sections 11,13, 14,15,16, 19, and 22 of this Franchise shall continue in force until such time as
the Franchisee's Facilities are removed from the Franchise Area or abandoned in place with
approval of the City.
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal, state and local laws and regulations
including, but not limited to, the State Environmental Policy Act and the City's Environmental
Standards and Ordinances.
SECTION 28 NON-DISCRIMINATION CLAUSES
In all hiring or employment made possible or resulting from this Franchise, there shall be no
discrimination against any employee or applicant for employment because of sex, sexual
orientation, age, race, color, national origin, marital status or the presence of any sensory,
mental, or physical handicap, unless based upon a bona fide.occupation qualification. No
person shall be denied or subjected to discrimination in receipt of the benefit of any services or
activities made possible by or resulting from this agreement on the grounds of sex, sexual
orientation, race, color, national origin, age, except minimum age and retirement provisions,
marital status, or the presence of any sensory, mental or physical handicap.
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the following
addresses unless otherwise specified:
City of Pacific:
City Public Works Director
100 - 3rd Avenue S.E.
Pacific, Washington 98047
253-929-1110
City of Auburn:
City Engineer
25 West Main Street
Auburn, WA 98001-4998
253-931-3010
SECTION 30 ATTORNEYS' FEES
If either party commences litigation against the other party relating to the performance or alleged
breach of this Franchise, the prevailing party shall be entitled to all costs, including reasonable
attomeys' fees incurred, relating to such litigation, including those incurred in any appeal.
SECTION 31 SEVERANCE
If any term, provision, condition or portion of this Franchise is held to be invalid, such invalidity
shall not affect the validity of the remaining portions of this Franchise which shall continue in full
force and effect, unless the dominant purpose of the Franchise would be prevented or the public
interest would no longer be served, as determined by the City.
Resolution No
Exhibit D
Page 9 of 11
Dlt�
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five days prior to its date of passage and
submitted to the city attorney, and being approved by at least a majority of the entire city council
at a regular city council meeting, shall take effect and be in force five days after its passage,
approval and publication as required by law.
SECTION 33 EXISTING UTILITIES
This Franchise shall govern Franchisee's new and existing Facilities within the City of Pacific.
PASSED by Pacific's City Council this
APPROVED by Pacific's Mayor this
ATTEST/AUTHENTICATE:
day of , 2003.
day of , 2003.
HOWARD ERICKSON, Mayor
City of Pacific
CATHY HARSTAD-EVERETT, Pacific City Clerk -- - Date
APPROVED AS TO FORM:
BRUCE L. DISEND, Pacific City Attorney Date
Resolution No
Exhibit D
Page 10 of 11
Dmft
THE CITY OF AUBURN, a municipal corporation of the State of Washington, accepts all the
rights, privileges and duties of this franchise subject to all terms, conditions, stipulations and
obligations contained herein.
PASSED by Auburn's City Council this . day of , 2003.
APPROVED by Auburn's Mayor this day of -12003.
PETER B. LEWIS, Mayor
City of Auburn
ATTEST:
DANIELLE E. DASKAM, Auburn City Clerk Date
APPROVED AS TO FORM:
DANIEL B. HEID, Auburn City Attorney . Date
FILED WITH THE CITY CLERK:
PASSED BY PACIFIC'S CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
PACIFIC RESOLUTION NO:
AUBURN RESOLUTION NO:
Resolution No
Exhibit D
Page 11 of 11
EXHIBIT 1
PORTION OF "A" STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
(IN THE NE QUARTER OF SECTION 36, TWP 21 N, R 4E, W.M.)
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171, SAID CORNER BEING ON THE
EAST MARGINAL LINE OF THE EAST VALLEY HIGHWAY (ALSO KNOWN AS STATE HIGHWAY
NO.5 AND AS "A" STREET SOUTHEAST);
THENCE SOUTHWESTERLY 400 FEET, MORE OR LESS, ALONG SAID EAST MARGINAL LINE
TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY (WHEN MEASURED ALONG THE
WEST LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT-OF-WAY) FROM
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY RIGHT -OF WAY LINE
OF SAID EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 600
FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF
AUBURN ORDINANCE NUMBER 1171;
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
I PACIFIC
a�
AUBURN
ORAVETZ PL
EXHIBIT 2
PACIFIC FRANCHISE FOR AUBURN WATER
WTTH ANNTYATTON
Plotted: ]AN 2003
Dia ft
Exhibit E
INTERLOCAL AGREEMENT
regarding the
PROPOSED VISTA HEIGHTS DEVELOPMENT AT LAKELAND
City of Pacific and City of Auburn
This Agreement is entered into between the City of Pacific, a municipal corporation under the
laws of Washington State, hereinafter referred to as "Pacific", and the City of Auburn, a
municipal corporation formed under the laws of Washington State, hereinafter referred to as
"Auburn".
WHEREAS, Pacific and Auburn have agreed that Auburn will assume SEPA lead agency
responsibilities for a proposed residential development known as "Vista Heights at Lakeland,"
hereinafter referred to as the "Development," that is situated on adjoining parcels, one with tax
identification number 312105-9008 (hereinafter referred to as "Site 7"), in Pacific, and one with
tax identification number 312105-9006 (hereinafter referred to as "Site 8"), in Auburn; and
WHEREAS, Pacific and Auburn have agreed that Site 7 will be annexed into Auburn;
and
WHEREAS, Pacific and Auburn previously executed an Interlocal Agreement dated July
24, 2000 regarding Emergency Fire Flow Protection for Site 7 from Auburn and domestic water
service for Site 7 from Pacific; and
WHEREAS, upon completion of the Annexation, Site 7 will be served with water for
domestic use and emergency fire flow protection by Auburn;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. The Interlocal Agreement regarding Emergency Fire Flow Protection for the Proposed Vista
Heights Development At Lakeland, City of Pacific and City of Auburn is superseded by this
agreement.
2. Pacific shall be responsible for collecting Auburn's traffic mitigation fee -of $677.71 per
single family residential lot if building permits are issued by Pacific prior to the completion of
the annexation and the funds will be transmitted to Auburn.
3. Auburn shall be responsible for collecting Pacific's parks mitigation fee of $600.00 per
single-family residential lot as authorized by applicable Pacific SEPA finding, Ordinance or
Resolution if building permits are issued by Auburn subsequent to the completion of the
annexation and the funds will be transmitted to Pacific.
4. Pacific shall be responsible for assisting Auburn in obtaining clear title to the storm water
facilities and the underlying property that store and treat public storm water.
Exhibit 'E'
Resolution No.
Page 1 of 2
FXtt1/3/� 6_
Dia ft
5. Each participant to this Agreement shall indemnify and hold the other harmless from and
against any liability, loss, cost, damage, or expense of any kind and nature arising out of injury to
person or damage to property in any manner, caused by the negligent act or omission of the
indemnifying individual participant to this Agreement in the performance of its work or
execution of its obligations under the terms of this Agreement. Each participant to this
Agreement shall indemnify and hold the other harmless from all damages, which may occur as a
result of any failure to comply with the provisions of Chapter 82.02 RCW or other applicable
law.
6. Should a dispute arise between the parties that cannot be resolved satisfactorily, a mediator
mutually acceptable to the parties shall resolve the dispute through the use of mediation at equal
cost to each party. Should the Parties not be able to satisfactorily resolve the dispute through
mediation, the forum for resolution shall be the King County Superior Court. The prevailing
party shall be entitled to attorney fees and costs.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF PACIFIC
King County, Washington
By:
Mayor Date
Attest:
By:
City Clerk Date
Approved as to form:
By:
City Attorney Date
Exhibit V
Resolution No.
Page 2 of 2
CITY OF AUBURN
King County, Washington
By:
Mayor
Attest:
By:
City Clerk
Approved as to form:
By:
City Attorney
Date
Date
Date
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Exhibit F
Above this line reserved for recording information.
BILL OF SALE
Reference # (if applicable): N/A
Grantor/Borrower. City of Pacific
Grantee/Assignee/Benefldary:
Legal Description/STR:
Assessor's Tax Parcel 1D#:
City of Auburn
SW1/4,31-21-05E,
& E''/z , 36-21-04E
312105-9007, 9008, 9016, 9025,
9026,9027,9036,9041,9044,'
9064, 9065, 9066, 9068.
362104-9018, 9020, 9044, 9045,
9057, 9059, & 9068.
3621049018 & 9045. 335440-
0680.
Additional on page:
2)
Additional on page:
Additional on page:
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the
relocation of the water system Emergency Intertie Facility, and for the consideration of
incorporating the facility into the City system, and other good and sufficient consideration,
receipt whereof is hereby acknowledged, the undersigned Grantor(s) City of Pacific, a
Municipal Corporation in King County, Washington does by these presents hereby convey,
setover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation in
King County, Washington,
STREETS
Lakeland Hills Way
Lakeland Hills Way
East Valley Highway
Oravetz Rd.
Oravetz Place SE
S 3700 ST.
Exhibit F - Bill of Sale
Resolution No.
Page 1 of 6
775 LF of 72 foot wide ROW,
725 LF of 60 foot wide ROW,
2,650 LF of 70 foot wide ROW,
744 LF of 60foot wide ROW,
1,030 LF of 10 wide ROW,
120 LF of 30 foot wide ROW.
STREETLIGHTS
Lakeland Hills Way
East Valley Highway
Oravetz Rd.
WATER MAIN
Lakeland Hills Way
East Valley Highway
Oravetz Rd.
Oravetz Place SE
7 each 400 watt luminaire, &
4 each 250 watt luminaire
6 each 400 watt luminaire,
4 each 250 watt luminaire, &
1 each 150 watt luminaire,
1,650 LF of 12 inch pipe,
2,000 LF of 12 inch pipe,
900 LF of 12 inch pipe,
1,250 LF of 12 inch pipe,
PRESSURE REDUCING STATION
Lakeland Hills Way One Water Pressure Reducing Station
STORM SEWER
Lakeland Hills Way 920 LF of 24 inch, 740 LF of 18 inch &
380 LF of 12 inch storm pipe,
East Valley Highway 141 LF of 24 inch, 1,405 LF of 12 inch, &
37 LF of 8 inch storm pipe,
Oravetz Rd. 900 LF of 24 inch, and 156 LF of 12 inch storm pipe,
STORM DETENTION PONDS
Lakeland Hills Way Detention Pond #1, Detention Pond #2 and
130 LF of 24 inch storm pipe
BRIDGE
East Valley Highway White "Stuck" River Bridge.
and all appurtenances or any other associated public facility as shown on the public facility
extension plans constructed by Public or Private entities associated with the Pacific
Annexation. Situated within the following described real property.
See EXHIBIT ` 1' and `2' ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF
and the said Grantor(s) hereby warrant(s) that it is the sole owner(s) of all the property
above conveyed; that it has full power to convey the same and that it willdefend the title of
the said Grantee against any and all persons lawfully making claim thereto, and indemnify
the City of Auburn for any costs, including Attorney fees in defending title.
Exhibit F - Bill of Sale
Resolution No.
Page 2 of 6
IN WETNESS WHEREOF the Grantor(s) has/have executed these presents this
day of . , 2003.
Mayor
ATTEST:
APPROVAL AS TO FORM
City Clerk City Attorney
STATE OF WASHINGTON)
)ss.
County of King )
On this day of . 2003 before me, the undersigned., a Notary Public in
an for the State of Washington, personally appeared
and to me known to be the Mayor and City Clerk
of the City of Pacific, the municipal corporation of the State of Washington, in the forgoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said municipal corporation for the uses and purposes therein mentioned, and on oath stated
that he/she is authorized to execute said instrument on behalf of said municipal
corporation.
IN WITNESS WHEREOF, I have hereto set my hand. and affixed my official seal the date
hereinabove set forth.
Notary Public in and for the State of Washington
residing at
My appointment expires
Exhibit F - Bill of Sale
Resolution No.
Page 3 of 6
E3CMIT 1
PROPOSED ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF "A" STREET SOUTHEAST (EAST VALLEY ROAD) AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 41N THE SOUTHWEST QUARTER
OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M., AND THE EAST HALF OF
SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN
SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., SAID CORNER ALSO BEING AN
ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER
OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE
NORTHEAST CORNER OF SAID GOVERNMENT LOT 3;
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4, AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC
ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE
SOUTH LINE OF SAID GOVERNMENT LOT 4;
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY
OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC
BY CITY OF PACIFIC ORDINANCE NUMBER 319, AND ALONG SAID PARALLEL LINE A
DISTANCE OF 1300 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SECTION 31;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY
COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31;
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS
ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A
DISTANCE OF 70 FEET, MORE OR LESS, TO THE EAST LINE OF THE BURLINGTON
NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY (100 FEET IN WIDTH);
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY TO A
LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 36;
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD RIGHT-OF-WAY;
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHT-OF-WAY A
Exhibit F - Bill of Sale
Resolution No.
Page 4 of 6
DISTANCE OF 3280 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 1884 FEET.
SOUTHERLY (WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHT-OF-
WAY) FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET, MORE
OR LESS, TO THE EAST RIGHT -OF WAY LINE OF EAST VALLEY HIGHWAY ('A' STREET SE);
THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 150 FEET,
MORE OR LESS, TO THE NORTH BANK OF THE WHITE RIVER.(STUCK RIVER);
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE
OF 200 FEET, MORE OR LESS, TO THE LINE COMMON TO THE LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF
PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M.;
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 226, AND THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit F - Bill of Sale
Resolution No.
Page 5 of.6
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PA-CIFI(t
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Exhibit F — Bill of Sale
Resolution No.
Page 6 of 6
�,
Draft
EXHIBIT G
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE
CITY OF PACIFIC FOR MAINTENANCE AND OPERATION SERVICES ON
'A' STREET SE
Pursuant to the Interlocal .Cooperation Act codified as RCW 39.34, this
Agreement is made and entered into this day by and between the CITY OF
AUBURN, hereafter called "AUBURN", and the CITY OF PACIFIC, hereafter
called "PACIFIC", to provide Right of Way maintenance and operation services
on A Street SE as legally described on Exhibit 1 and shown on Exhibit 2.
WHEREAS, PACIFIC will not have the organization and personnel to
provide Right of Way maintenance and operation services at the stated location;
and
WHEREAS, PACIFIC desires to provide quality maintenance and
operation activities for it's Right of Way; and
WHEREAS, AUBURN is able to provide such maintenance and operation
services for PACIFIC, and
WHEREAS, it is for the public benefit that AUBURN and PACIFIC
cooperate to provide safe and effective maintenance and operation activities; and
NOW THEREFORE, AUBURN and PACIFIC hereby agree:
Exhibit G
Resolution No.
Page 1 of 5
Draft
1. BASIC SERVICES:
AUBURN will provide maintenance and operation activities at the area legal
activities described in Exhibit 1 and shown on Exhibit 2:
1. Locate underground facilities for utilities or other digging
operations except the Pacific waterlines.
2. Maintain public storm drainage facilities.
3. Maintain the existing street light system.
4. Maintain subgrade, pavement and pavement markings.
5. Maintain signing per the "Manual of Uniform Traffic Control
Devices".
2. AUBURN AND PACIFIC COORDINATION:
AUBURN will identify a contact person to handle day -today operational
problems related to the Basic Services. PACIFIC will identify a contact
person for the same purposes. Emergency work to protect the public safety
will be handled, as the AUBURN contact person deems necessary.
3. PERSONNEL AND EQUIPMENT:
A. AUBURN is acting herein as an independent contractor so that:
1. Control of personnel standards of performance, discipline and
all other aspects of performance shall be governed entirely by
AUBURN
2. Except as described in Sections 3.C. below, all persons
rendering services hereunder shall be for all purposes
employees of AUBURN
B. AUBURN shall furnish all personnel, resources, and materials deemed
by AUBURN as necessary to provide maintenance. services as outlined
in Section 1 above.
C. In the event AUBURN uses contract services to perform one or more
of the Basic Services for PACIFIC, the appropriate supervision and
inspection of the contractor's work will be performed by AUBURN.
Exhibit G
Resolution No.
Page 2 of 5
Draft
4. PACIFIC'S RESPONSIBLITIES
In support of AUBURN providing services for PACIFIC in Sections 1 and 2,
PACIFIC shall:
A. Authorize AUBURN to perform maintenance services outlined in
Section 1 within the City Limits of PACIFIC for the purposes of carrying
out this Agreement.
B. PACIFIC will adopt by reference all AUBURN codes necessary to
provide authority for AUBURN to perform service of this Agreement.
5. INDEMNIFICATION:
A. In executing this Agreement, AUBURN does not assume liability or
responsibility for or in any way release PACIFIC's responsibility or
liability which arises in part from the existence, validity or effect of
PACIFIC's ordinances, rule, or regulations. In any such cause, claim,
suit, action and administration proceeding commences, PACIFIC shall
defend the same at its sole expense and if judgment is entered or
damages are awarded against PACIFIC, AUBURN, or both, PACIFIC
shall satisfy the sam3e, including chargeable costs and attomey's fees.
B. PACIFIC shall indemnify and hold harmless AUBURN and its officers,
agents, and employees, from and against any and all claims, actions,
suits liability, loss costs and expense, and damages of any nature
whatsoever, which are caused by or result from a negligent act or
omission of AUBURN, it's officers, agents, and employees in
performing services pursuant to this Agreement.
6. NON-DISCRIMINATION:
AUBURN and PACIFIC certify that both agencies are equal opportunity
employers.
7. AUDITS AND INSPECTIONS:
All records and documents with respect to this Agreement shall be subjected
to inspection, review or audit by AUBURN or PACIFIC for the duration of this
Agreement.
8. AMENDMENTS:
The Agreement may be amended in writing at any time by mutual agreement
of both parties.
Exhibit G
Resolution No.
Page 3 of 5
Draft
9. ENTIRE AGREEMENT:
The two parties agree that this Agreement is a complete expression of the
terms hereto and any oral representations or understandings are not
incorporated herein.
10. AGREEMENT ADMINISTRATION:
The parties shall appoint representatives to review Agreement performances
and resolve problems, which cannot be dealt with by PACIFIC and
AUBURN's contact persons.
11. INVALID PROVISIONS:
If any provision of this Agreement is held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then
continue to serve the purpose and objective of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement
this day of , 2003•
CITY OF AUBURN
MAYOR
ATTEST:
Dani Daskam,
City Clerk
APPROVED AS TO FORM:
Dan Heid,
City Attorney
Exhibit G
Resolution No.
Page 4 of 5
CITY OF PACIFIC.
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attomey
Exhibit G
Resolution No.
Page 5. of 5
Drift,
EXHIBIT 1
PORTION OF "A" STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
(IN THE NE QUARTER OF SECTION 36, TWP 21N, R 4E, W.M.)
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171, SAID CORNER BEING ON THE
EAST MARGINAL LINE OF THE EAST VALLEY HIGHWAY (ALSO KNOWN AS STATE HIGHWAY
NO. 5 AND AS "A" STREET SOUTHEAST);
THENCE SOUTHWESTERLY 400 FEET, MORE OR LESS, ALONG SAID EAST MARGINAL LINE
TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY (WHEN MEASURED ALONG THE
WEST LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT-OF-WAY) FROM
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY RIGHT -OF WAY LINE
OF SAID EAST VALLEY HIGHWAY ("A" STREET SE);
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 600
FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF
AUBURN ORDINANCE NUMBER 1171;
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
w no, EXHIBIT 2
PACIFIC FRANCHISE FOR AUBURN WATER
scams: i" = zoo' WITH ANNEXATION