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HomeMy WebLinkAbout02-02-2004 ITEM VIII-B-2CITY OFti WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 3652 1/20/04 Department: Attachments: Budget Impact: Public Works Resolution No. 3652 Administrative Recommendation: City Council adopt Resolution No. 3652. Background Summary: Resolution No. 3652 authorizes the Mayor to execute an Interlocal Agreement with Lakehaven Utility District (LUD) to establish water service boundaries between Auburn and LUD. W0202-6 04.11 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 ®Public Works ❑ Human Resources ❑ Police ❑ Planning Comm. ❑ Other ® Legal ® Public Works Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/ Tabled Until _/_/_ Councilmember: Wagner Staff: Dowd Meeting Date: February 2, 2004 1 Item Number: VIII.B.2 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3 6 5 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES BETWEEN THE LAKEHAVEN UTILITY DISTRICT AND THE CITY OF AUBURN WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to RCW 35A.21.150, Auburn has the legal authority to maintain a water system; and WHEREAS, pursuant to RCW 57.08.044, Lakehaven has the legal authority, whether by contract or otherwise, to provide water service to property owners in areas outside existing district boundaries; and WHEREAS, the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost; and ---------------------- Resolution No. 3652 January 20, 2004 Page 1 WHEREAS, Lakehaven's 1998 Draft Comprehensive Water System Plan notes a region within Auburn's Potential Annexation Area (hereinafter referred to as "Auburn's PAA") to which Lakehaven intends to provide water service; and WHEREAS, Lakehaven is currently providing water service within Auburn's PAA; and WHEREAS, portions of the Lakehaven water system have been sized and are situated so as to be capable of affording water to a portion of Auburn's W. . WHEREAS, Auburn has evaluated water service issues and determined that it is not cost feasible to provide direct water service within its PAA adjacent to Lakehaven's water infrastructure; and WHEREAS, Lakehaven's delivery of water service to these areas will provide the maximum efficiency in the use of existing and future facilities and water planning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is herewith authorized to execute a Water Service Boundary Agreement between the Lakehaven Utility District and the City of Auburn in substantial conformity with the agreement ---------------------- Resolution No. 3652 January 20, 2004 Page 2 attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. DATED this _ day of , 2004. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk ---------------------- Resolution No. 3652 January 20, 2004 Page 3 EXHIBIT "A" LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES THIS AGREEMENT, made and entered into this day of , 2004, by and between LAKEHAVEN UTILITY DISTRICT, a Washington municipal corporation (hereinafter referred to as "Lakehaven"), and the CITY OF AUBURN, a Washington municipal corporation, (hereinafter referred to as "Auburn"), both being duly organized and existing under and by virtue of the laws of the State of Washington, WITNESSETH: WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to RCW 35A.80.010, Auburn has the legal authority to maintain a water system; and WHEREAS, pursuant to RCW 57.08.005(3) and 57.08.044, Lakehaven, as a special purpose water/sewer district, has the legal authority, whether by contract or otherwise, to provide water service to property owners in areas outside existing district boundaries; and WHEREAS, the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, Lakehaven's adopted and approved 1998 Comprehensive Water System Plan notes a region within Auburn's Potential Annexation Area (hereinafter referred to as "Auburn's PAA") to which Lakehaven intends to provide water service; and WHEREAS, Lakehaven is currently providing water service within Auburn's PAA; and WHEREAS, portions of the Lakehaven water system have been sized and are situated so as to be capable of affording water service to a portion of Auburn's PAA; and Exhibt "A", Auburn Resolution No. 3652 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 1 of 5 WHEREAS, Auburn has evaluated water service issues and determined that it is not cost effective to provide direct water service within its PAA adjacent to Lakehaven's water infrastructure; and WHEREAS, Lakehaven's delivery of water service to these areas will provide the maximum efficiency in the use of existing and future facilities and water planning; NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Water Service Area. The parties have agreed to a mutual water service planning boundary as depicted on the maps attached hereto as Attachment 1 and legally described in Attachment 2, which are by this reference incorporated herein. Both parties further agree that, through this designation of the service boundary, Lakehaven shall provide water service to properties mutually within its water service area and Auburn's PAA, also depicted on Attachment 1, in accordance with and subject to the terms and conditions of this Agreement. 2. Management, Regulation and Control of Water System. Lakehaven shall have the sole responsibility and authority to construct, maintain, manage, conduct and operate its water system within the area mutually designated as Lakehaven's water service area and Auburn's PAA as depicted in Attachment 1, together with any additions, extensions and betterments thereto. Lakehaven shall also be responsible for obtaining all necessary governmental franchises, approvals, easements and permits for the installation of the water system and improvements to be located therein. 3. Service Rates and Connection Charges. a) Permit Required. No connection shall be made to Lakehaven's water system unless the property owner first pays the associated fees and submits the proper information to obtain a Lakehaven water connection permit, and otherwise meets the requirements for service as provided in duly adopted Resolutions of Lakehaven. The connection shall be subject to inspection for compliance with Lakehaven's standards as adopted at the time the connection is made. b) Rates. The rates charged to the water customer by Lakehaven mutually within Lakehaven's water service area and Auburn's PAA, as depicted on Attachment 1, shall be fixed, altered, regulated and otherwise controlled by Lakehaven pursuant to the limitation on such authority as set forth in Chapter 57 RCW, or other applicable laws. Exhibt "A", Auburn Resolution No. 3652 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 2 of 5 4. Water Availability Certificates. Lakehaven shall continue to issue water availability certificates for property located both within Auburn's PAA, as depicted in Attachment 1 and Lakehaven's Water Service Area. 5. Future Annexations. Each of the parties agree that Lakehaven shall provide water service to the area depicted in Attachment 1 without regard to the present corporate boundaries of the parties and without regard to future corporate boundaries as they may be periodically altered through annexation. 6. Lakehaven Comprehensive Water Planning. The terms of this Agreement will be included as an amendment to Lakehaven's Comprehensive Water System Plan. Lakehaven will submit to Auburn all Comprehensive Water System Plans and amendments thereto involving areas and/or system improvements within Auburn's PAA, as depicted in Attachment 1. 7. Auburn Comprehensive Water Planning. The terms of this Agreement will be included as an amendment to Auburn's Comprehensive Water Plan. Auburn will submit to Lakehaven all Comprehensive Water System Plans and amendments thereto involving area and/or system improvements within Auburn's PAA, as depicted in Attachment 1. 8. Reliance. Each party hereto acknowledges that the terms hereof will be relied upon by the other in its comprehensive planning to meet the needs of the service area designated herein. 9. Liability. The parties agree that this Agreement shall not be a source of liability for either party for any failure or interruption of service in the service area of the other party, as designated herein. 10. Government Approvals. Auburn will give notice of the adoption of this Agreement to Metropolitan/King County, to the Department of Ecology, to the Department of Health, and to any other agency with jurisdiction over, or other interest in, the terms hereof, and the parties shall cooperate and assist each other in all reasonable manner in procuring any necessary approvals hereof by those agencies. 11. Boundary Review Board. In the event that implementation of the terms hereof results in permanent water service to areas that will be outside the respective service boundaries of Lakehaven or Auburn, the parties will, at the time of such service, jointly seek King County Boundary Review Board approval of such service in accordance with RCW 57.08.047. 12. Service Amendments. Any changes to the service areas described herein shall be by mutual written agreement. Each party, through Auburn's Director of Public Works and Lakehaven's General Manager respectively, may give written permission to the other, on a case-by-case basis, to provide service to the other party's adjacent or Exhibt "A', Auburn Resolution No. 3652 Lakehaven —Auburn Interlocal Agreement Establishing Water Service Boundaries Page 3 of 5 nearby water service area based upon considerations of economic efficiency. Such written permission(s) shall be filed with this agreement for future reference. 13. Alteration, Amendment or Modification. Lakehaven and Auburn hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement only upon written consent of both parties to such alteration, amendment or modification. 14. Indemnification and Hold Harmless. Each Party hereto agrees to protect, defend, and indemnify the other Party, its officers, officials, employees and agents from any and all cost, claims judgements and/or awards of damages, arising out of or in any way resulting from the Party's default, failure of performance, or negligent conduct associated with this agreement, by the Party, its employees, subcontractors or agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 15. Miscellaneous. Auburn and Lakehaven agree that within the area depicted in Attachment 3, existing water customers are currently served by Auburn and that for the purposes of efficiency, water service to these customers shall be transferred to Lakehaven. Service shall be provided by a direct connection with Lakehaven's system at "R" Street NW and Abby Drive, and temporarily by a Booster Pump Station from Auburn's water system on Knickerbocker Drive until such time as a secondary waterline is constructed from Lakehaven's system and paid for pursuant to Attachment 4. 16. Integration. This agreement constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other representations or oral agreements other than those listed herein, which vary the terms of this agreement. Future agreements may occur between the parties to transfer additional or future service areas by mutual agreement. 17. Obligation Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either Lakehaven or Auburn regarding provision of water service, except as specifically set forth herein. Exhibt "A", Auburn Resolution No. 3652 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 4 of 5 LAKEHAVEN UTILITY DISTRICT Approved by Resolution No of the Lakehaven Utility District, Federal Way, Washington, at its regular meeting held on the 2004. By: Donald T. Perry, General Manager Lakehaven Utility District Approved as to form: Steven H. Pritchett, General Counsel Lakehaven Utility District day of , CITY OF AUBURN Approved by Resolution No. of the City of Auburn, Washington, at its regular meeting held on the day of , 200_. By: Peter B. Lewis, Mayor City of Auburn Attest: Danielle Daskam, City Clerk Approved as to form: Daniel B. Heid, City Attorney Exhibt "A", Auburn Resolution No. 3652 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 5 of 5 Attachment 2 LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES BOUNDARY DESCRIPTION BEGINNING at a point 170 feet east of the Northwest corner of the Northeast quarter of the Southwest quarter of Section 35, Township 22 North, Range 4 East, W.M., in King County, Washington; THENCE south 1990 feet, more or less, to the North line of the South half of the South half of the Southwest quarter of said Section 35; THENCE easterly along said North line to a point 300 feet west of the East line of the Southwest quarter of said Section 35; THENCE south to a point 170 feet north of the South line of the Southwest quarter of said Section 35; THENCE east 300 feet, more or less, to the East line of the Southwest quarter of said Section 35; THENCE southerly along said East line to the South line of said Section 35; THENCE continuing southerly along the West line of the Northeast quarter of Section 2, Township 21 North, Range 4 East, W.M., in King County, Washington, a distance of 221.12 feet; THENCE easterly, parallel with the North line of said subdivision, 220.20 feet; THENCE southerly, parallel with the West line of said subdivision, 130 feet; THENCE easterly along the North line of Lots 1 and 2 of King County Short Plat No. 781092 as recorded under Recording Number 8112210440, records of King County, Washington, a distance of 1306.40 feet, more or less, to the Northeast corner of said Lot 2; Attachment 2 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 1 of 9 THENCE south along the East line of said Lot 2 a distance of 802.22 feet, more or less, to the Southeast corner of said Lot 2; THENCE easterly, a distance of 6 feet, more or less to the Northeast corner of Tract A of Eastview Vista according to the plat thereof recorded in Volume 108, Pages 51 through 53, records of King County, Washington; THENCE south, a distance of 34 feet, more or less, to an angle point in the boundary of said Tract A; THENCE west, a distance of 34.80 feet, more or less, to an angle point in the boundary of said Tract A; THENCE south, a distance of 400.44 feet, along the East line of said Tract A to a point 835.56 feet north of the South line of the Northeast quarter of said Section 2; THENCE east, parallel the South line of the Northeast quarter of said Section 2, a distance of 1140.8 feet, more or less, to the East line of said Section 2; THENCE south, a distance of 835.56 feet along said East line, to the Northwest corner of the Southwest quarter of Section 1, Township 21 North, Range 4 East, W.M., in King County, Washington; THENCE east, parallel to the North line of the Southwest quarter of said Section, a distance of 149.18 feet; THENCE south, parallel to the West line of the Southwest quarter of said Section, a distance of 450 feet; THENCE west, parallel to the North line of the Southwest quarter of said Section, a distance of 149.18 feet to the East line of Southeast quarter of Section 2, Township 21 North, Range 4 East, W.M., in King County, Washington; THENCE south, a distance of 532.51 feet along said East line to the North line of the South half of the South half of the North half of said subdivision; THENCE westerly, along said North line of said subdivision, 518.77 feet; THENCE southerly, parallel with the East line of said subdivision, 328.01 feet, more or less, to the South line of said subdivision; Attachment 2 Lakehaven —Auburn Interlocal Agreement Establishing Water Service Boundaries Page 2 of 9 THENCE westerly, along the South line of said subdivision, 130.02 feet, more or less to the Northeast corner of the West half of the Southeast quarter of the Southeast quarter of said Section 2; THENCE southerly, along the East line of said subdivision, 984.40 feet, to the North line of the South half of the South half of last said subdivision; THENCE westerly, along the North line of said subdivision, 650 feet, more or less, to the East line of the Southwest quarter of the Southeast quarter of said Section 2; THENCE southerly, along said East line, 328.77 feet, more or less, to the South line of last said subdivision; THENCE continuing southerly, along the West line of the East half of the East half of Section 11 Township 21 North, Range 4 East, W.M., in King County, Washington, a distance of 3950.28 feet, more or less to the Northwest corner of the Southeast quarter of the Southeast quarter of said Section; THENCE easterly, along the North line of said subdivision, a distance of 588.55 feet to the most Easterly corner of Tract A of Vistara Division 2 according to the plat thereof recorded in Volume 186, Pages 70 through 76, records of King County, Washington; THENCE southwesterly along the most Easterly line of said Tract A, a distance of 184.6 feet to the Northeast corner of Lot 16 of said plat of Vistara Division 2; THENCE southerly along the Easterly line of said Lot 16 a distance of 76 feet; THENCE southwesterly along last said Easterly line 77.96 feet; THENCE southerly along last said Easterly line 51.73 feet; THENCE southeasterly along last said Easterly line 78.15 feet; THENCE southeasterly along said Easterly line and along the Northeast line of tract B of said plat 168 feet to the West Right -of -Way line of "R" Street Northwest as recorded in said plat; THENCE southerly along said West Right -of Way line, a distance of 40 feet, more or less, to the most Easterly corner of Lot 18 of said plat; THENCE northwesterly along the Northeast most boundary of said Lot 18, a distance of 188.08 feet; Attachment 2 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 3 of 9 THENCE southeasterly along the Westerly boundary of said Lot 18, a distance of 83.72 feet, more or less, to the most Northerly corner of Lot 19 of said plat; THENCE southwesterly along the Westerly boundary of said Lot 19, a distance of 64.76 feet; THENCE southeasterly along the Southwesterly boundary of said Lot 19, a distance of 154.16 feet, to the most Southerly corner of said Lot 19; THENCE southeasterly along a line crossing said Right -of -Way to the most Northerly corner of Lot 26 of said plat; THENCE southeasterly along the Northeast boundary of said Lot 26, a distance of 97.69 feet; THENCE southerly along the Easterly boundaries of Lots 26, 25, 24 of said plat, a distance of 177.26 ft, more or less, to the Northeast corner of Lot 31 of Vistara Division 1 according to the plat thereof recorded in Volume 174, Pages 78 through 83 and according to Alteration Number 1 thereof recorded in Volume 186, Pages 31 through 33, records of King County, Washington; THENCE southerly and southeasterly along the Eastern boundaries of Lots 31, 32, and 33 of said plat, a distance of 152.14 feet to the Northwest corner of Lot 34 of said plat; THENCE easterly along the Northerly boundaries of Lots 34 and 35 of said plat, a distance of 80.00 feet to the Northeast corner of Lot 35 of said plat; THENCE southerly along the Easterly boundary of Lot 35, a distance of 118.02 feet, to the Southeast corner of said lot 35; THENCE southerly along a line, crossing the 8th Street Northwest Right -of -Way, to the Northeast corner of Lot 14 of said plat; THENCE continuing southerly along the Eastern boundaries of Lots 14 and 13 of said plat, a distance of 153.10 feet to the North Line of Section 14, Township 21 North, Range 4 East, W.M., in King County, Washington; THENCE East along said North line, a distance of 501.28 feet, more or less, to the West Right -of -Way line of State Route 181, also known as West Valley Highway; Attachment 2 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 4 of 9 THENCE southwesterly along said West Right -of -Way line, a distance of 790.91 feet to the Northeast corner of Lot 3 according to the Replat of Lot 4 Block 1 Knickerbocker Heights as recorded in Volume 90, Page 39, records of King County, Washington; THENCE northwesterly along the Northerly boundary of said Lot 3 a distance of 342.6 feet, more or less, to the Southwest corner of Lot 2 of said Replat; THENCE north a distance of 100 feet, more or less, along the East line of Lot 1, Auburn Short Plat 0001-89, as recorded under Recording No. 8906271138, records of King County, Washington; THENCE westerly and southwesterly a distance of 253.5 feet, more or less, along the Northern boundary of said Lot 1 to the most Northerly corner of Lot 2 of said Short Plat; THENCE southerly a distance of 359.06 feet, more or less, along the Westerly boundaries of Lots 2, 3, and 4 of said Short Plat to the North margin of the Knickerbocker Drive Right -of Way; THENCE easterly along said North margin of Knickerbocker Drive Right -of Way, a distance of 475 feet, more or less, to the West line of the State Route 181 Right -of - Way which parallels the centerline of State Route 181 Right -of -Way; THENCE southwesterly along said West line of said State Route 181 Right -of -Way to the Southern terminus of the Northeast corner radius of Lot 2, Block 3, of Knickerbocker Addition, according to the plat thereof, as recorded in Volume 45, Page 93, records of King County, Washington; THENCE continuing southwesterly along said West line of said State Route 181 Right - of -Way, a distance of 246.18 feet, to the Southeast corner of said Lot 2; THENCE west along the South line of said Lot 2, a distance of 150 feet; THENCE southerly and parallel to said Right -of -Way, a distance of 343.66 feet, more or less, to a point on the North line of Lot 3, King County Short Plat No. 1876, as recorded under Recording No. 7611240117, records of King County, Washington; THENCE westerly along said North line, a distance of 43.82 feet, more or less, to the Northwest corner of said Lot 3; THENCE southerly along the West line of said Lot 3, a distance of 120.53 feet, to the Southwest corner of said Lot 3; Attachment 2 Lakehaven —Auburn Interlocal Agreement Establishing Water Service Boundaries Page 5 of 9 THENCE westerly along the South line of Lot 2 of last said short plat, a distance of 5 feet more or less to the Northeast corner of Hi -Crest Number 2, according to the Plat thereof recorded in Volume 64, Page 58, records of King County, Washington; THENCE south along the East line of said plat, a distance of 270 feet, to the Southeast corner of Lot 13 of said plat; THENCE easterly along the Easterly extension of the South line of said Lot 13, a distance of 58.92 feet; THENCE southerly, a distance of 94.97 feet to the Northeast corner of Lot B of City of Auburn Lot Line Adjustment 10-87 recorded under Recording Number 8705190464, records of King County, Washington; THENCE southerly along the easterly boundary of said Lot B a distance of 9.82 feet; THENCE southwesterly along said Easterly boundary a distance of 127.12 feet; THENCE southerly parallel with said State Route 181 Right of Way to a line parallel with and 228 feet Northerly of the South line of the Northeast quarter of said Section 14. THENCE west along said parallel line to a point 80 feet East of the West line of the Southeast quarter of the Northeast quarter of said Section 14; THENCE south along last said parallel line a distance of 228 feet to the South Fine of the Northeast quarter of said Section 14 and the centerline of Mountain View Drive; THENCE westerly along said centerline, a distance of 10 feet, more or less to the point where the centerline of said Mountain View Drive diverges from the South line of said Section 14; THENCE northwesterly along said centerline, a distance of 154 feet; THENCE southwesterly along said centerline, a distance of 140 feet; THENCE northwesterly along said centerline, a distance of 138 feet; THENCE southwesterly along said centerline, a distance of 80 feet; THENCE southeasterly along said centerline, a distance of 114 feet; Attachment 2 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 6 of 9 THENCE southeasterly along said centerline, a distance of 63 feet; THENCE southeasterly along said centerline, a distance of 140 feet; THENCE southeasterly along said centerline, a distance of 95 feet; THENCE southeasterly along said centerline, a distance of 101 feet; THENCE southwesterly along said centerline, a distance of 910 feet, more or less, to the intersection of the Northwesterly prolongation of the Southwesterly line of the lands described in instrument filed under Recording Number 8512300596, Records of King County, Washington; THENCE southwesterly along last said line to a point on the West line of the east 470.26 feet of the Northwest quarter of the Southeast quarter of said Section 14 which is 190.27 feet northerly of the South line of said subdivision; THENCE southerly along the West line of the east 470.26 feet of said Northwest quarter of said Southeast quarter of said Section 14, a distance of 190.27 feet, more or less to the North line of Southwest quarter of the Southeast quarter of said Section 14; THENCE west along said North line, a distance of 839.29 feet, more or less, to the Northwest corner of said subdivision; THENCE south along the West line of said subdivision, a distance of 1313.19 feet, more or less, to the Northeast corner of the Northwest quarter of Section 23, Township 21 North, Range 4 East, W.M.; THENCE south along the East line of said subdivision, a distance of 821.24 feet; THENCE west, parallel to the North line of the Northwest quarter of said Section 23, a distance of 653.06 feet, more or less, to the Northerly projection of the centerline of 58th Avenue South; THENCE southerly, along said centerline of 58th Avenue South, to the North line of the Southwest quarter of said Section 23; THENCE south parallel to the East line of said subsection, a distance of 496 feet, more or less, to the North line of Lot 3, Block 25 of Jovita Heights, according to the plat thereof, as recorded in Volume 20, Page 12, records of King County, Washington; Attachment 2 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 7 of 9 THENCE east along the North line of said Lot 3, a distance of 80 feet, more or less, to the Northeast corner of said Lot 3; THENCE southerly along the East line of said Lot 3 and the East line of Lot 4 of said plat to the Northerly margin of Iowa Drive according to said Plat of Jovita Heights, a distance of 92.82 feet; THENCE easterly along said Northerly margin, a distance of 107.89 feet; THENCE southerly along said Northerly margin, a distance of 114.85 feet; THENCE southeasterly along said Northerly margin, a distance of 93.86 feet; THENCE southeasterly along said Northerly margin, a distance of 81.99 feet; THENCE southeasterly along said Northerly margin, a distance of 390 feet, more or less, to the East line of the Southwest quarter of said Section 23; THENCE south along said East line, a distance of 200 feet, more or less, to the intersection with the boundary of Lot 6, Block 39 of said Plat; THENCE northwesterly along said boundary of said Lot 6, a distance of 28.24 feet, more or less; THENCE continuing northwesterly along said boundary of said Lot 6, a distance of 14.11 feet, more or less; THENCE continuing northwesterly along said boundary of said Lot 6, a distance of 194.65 feet, more or less; THENCE continuing northwesterly along said boundary of said Lot 6, a distance of 152.49 feet, more or less; THENCE southwesterly along said boundary of said Lot 6, a distance of 79.82 feet, more or less; THENCE southeasterly along said boundary of said Lot 6, a distance of 111.62 feet, more or less; THENCE southwesterly along said boundary of said Lot 6, a distance of 56.39 feet, more or less, to the most Easterly corner of Lot 4, Block 39 of said Plat; Attachment 2 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 8 of 9 THENCE southwesterly along the line common to said Lot 4 and Lot 6, a distance of 287.62 feet, more or less to the intersection of Lakehaven Utility District's previously defined Eastern boundary; Attachment 2 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 9 of 9 a ATTACHMENT 3 LAKEHAVEN - AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES TRANSFER AREA MAP VEST MAIN ®rllCG ARFA OI.NiERTIE OOSTER TION EXISTING AUBURN WATER PROPOSED 2ND ODNNECTION ALTERNATIVE ROUTES FOR SECOND CONNECTIONS -AUBURN CTT! LiMTTS 4r 7 Attachment 4 LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES TRANSFER AREA CONDITIONS Auburn will transfer ownership of the water infrastructure within the area depicted on Attachment 3, including but not limited to, the Booster Pump Station on Knickerbocker Drive, via Bill -of -Sale to Lakehaven. Auburn will also ensure the subject water facilities are in good operational condition and provide all documents and drawings pertaining to as -built information and operational manuals for the facilities. 2. Since Lakehaven's existing system alone can not currently provide minimum fire flow requirements, additional water system facility improvements will be required. The facility improvements (hereinafter referred to as the "secondary water line") include approximately 2000 feet of 8 -inch water main and a Pressure Reducing Valve (PRV) station. The water main will connect between Lakehaven's water system in its 578 -pressure zone, through a PRV station, to the existing water main in Hi -Crest Drive. Two possible routes for the secondary water line are depicted on Attachment 3, but the actual route for the secondary water line shall be the one deemed by both parties to the Agreement to be most beneficial and efficient of all alternatives identified and analyzed at the time design commences, and not necessarily limited to the two routes depicted. 3. Auburn shall design the secondary water line in accordance with Lakehaven's standards, and provide permanent easements as necessary. 4. Lakehaven shall have the secondary water line constructed and will be reimbursed for funds used to construct the secondary water line, including interest, by a Charge -in -lieu -of -Assessment applied to adjacent benefiting lands (currently Auburn's property) that the secondary water line is intended to serve and by applying a surcharge on Lakehaven's water rates to the transferring customers. The surcharge shall be the difference between Auburn's water rates and Lakehaven's water rates and shall remain in place until all amounts owing from the construction of the secondary water line are paid. When all costs have Attachment 4 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 1 of 2 been reimbursed, the surcharge will no longer apply and the transferred customers will revert to Lakehaven's then -current rates. 5. Auburn shall permanently make available to Lakehaven the current equivalent annual and instantaneous quantity of water necessary to serve the transferring area in exchange for full credit against applicable Capital Facilities Charges of Lakehaven. 6. The current equivalent annual quantity of water is approximately 255 gallons/day/Equivalent Residential Unit (transfer area has - 42 ERU's). The instantaneous quantities are defined historically by the total existing Booster Pump Station capacity. The existing Booster Pump Station has a 90 gpm pump and a 300 gpm pump. The water shall be used as needed to provide domestic water service or emergency fire flows. The water rate Lakehaven will pay Auburn shall be Auburn's current wholesale water rate it charges the City of Algona, or the Lakehaven emergency water rate as determined in accordance with the Emergency Water Supply Agreement for the Lakehaven/Auburn Intertie No. 1 as adopted by Auburn Resolution 3443, whichever is less. Attachment 4 Lakehaven — Auburn Interlocal Agreement Establishing Water Service Boundaries Page 2 of 2