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Home My WebLink AboutItem VIII-B-1 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 3760 Department: Public Works Date: January 18, 2005 Budget Impact: None Attachments: Resolution No. 3760 and Addendum No.1 to Agreement Administrative Recommendation: City Council adopt Resolution No. 3760. Background Summary: Resolution No. 3760 authorizes the Mayor to execute Addendum No.1 to interlocal agreement with the City of Bonney Lake to adjust our existing, Potential Annexation Area (PAA) as defined by the March 1998 Settlement Agreement between Auburn and Bonney Lake. The Settlement Agreement was established to define water service areas; however, an exhibit within the settlement agreement noted that Auburn's PAA was being adjusted to match the water service boundary defined by said agreement. It has since been determined that the settlement agreement cut an existing parcel in half. Placing half of the parcel within Auburn's PAA and half outside of the PAA. Auburn is not looking to provide sewer services outside of our PAA, so we proposed amending the settlement agreement and our PAA to place the entire parcel within Auburn's PAA. This addendum to the original settlement agreement makes it clear between Auburn and Bonney Lake that Auburn will be seeking to annex this region in the future, together with some adjacent roadway. Auburn has sufficient wastewater conveyance capacity to support service to this area. Auburn's comprehensive sewer plan shows this region within Auburn's sewer service area. With this agreement, Auburn shall formalize the PAA adjustment with Bonney Lake. This process has already been approved with Pierce County. W0207 -3 04.6.1 Reviewed by Council & Committees: D Arts Commission COUNCIL COMMITTEES: D Airport 0 Finance o Hearing Examiner 0 Municipal Servo o Human Services 0 Planning & CD o Park Board [8JPublic Works o Planning Comm. 0 Other Reviewed by Departments & Divisions: o Building 0 M&O o Cemetery 0 Mayor [8J Finance 0 Parks o Fire 0 Planning o Human Resources 0 Police [8J Legal [g Public Works Action: Committee Approval: OYes ONo Council Approval: OYes ONo Call for Public Hearing _/_/- Referred to Until _/_/- Tabled Until _/_/- Councilmember: Wagner I Staff: Dowdy Meeting Date: February 7, 2005 I Item Number: VIII.B.1 RESOLUTION NO.3 7 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBU RN AND THE CITY OF BONNEY LAKE FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES WHEREAS, in March of 1998 the City Council of the City of Auburn adopted Resolution No. 2925 authorizing the Mayor and City Clerk to execute a settlement agreement that was subsequently signed by the City of Auburn and the City of Bonney Lake; and WHEREAS, among other items, that settlement agreement set forth a water service area boundary between the City of Auburn and the City of Bonney Lake; and WHEREAS, subsequent to approval of the settlement agreement the Potential Annexation Areas (PAA) for the City of Auburn and City of Bonney Lake were amended to coincide with the water service area boundary; and WHEREAS, since the time of the agreement it has been found that a parcel was divided by the water service area boundary set forth in said settlement agreement, and by the subsequent PAA boundary established based on the water service area boundary, and said parcel lies partially within and partially outside of the Auburn PAA; and Resolution No. 3760 January 18, 2005 Page 1 of2 ---, . WHEREAS, part of the Lake Tapps Parkway East extension's right-of- way also lies partially within and partially outside of the Auburn water service area boundary established by the settlement agreement, and partially within and partially outside the subsequent PAA boundary established based on the water service area boundary; and WHEREAS, sound growth management and transportation planning principles are best served by including entire parcels and entire street right-of- ways entirely within a PAA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk are hereby authorized to execute Addendum No.1 to the Settlement Agreement between the City of Aubum and the City of Bonney Lake in substantial conformity with the Addendum attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3760 January 18, 2005 Page 2 of 2 ~_.._------~.----r----_._.._~'- Dated and Signed this ATTEST: Danielle E. Daskam, City Clerk Resolution No. 3760 January 18, 2005 Page 3 of2 day of ,2005. CITY OF AUBURN PETER B. LEWIS MAYOR u__.... --.-.. .. r' .. EXHIBIT "A" ADDENDUM NO.1 ADDENDUM TO SETTLEMENT AGREEMENT BETWEEN THE CITY OF BONNEY LAKE AND THE CITY OF AUBURN RELATING TO WATER SERVICE AREA BOUNDARY THIS ADDENDUM is made and entered into this day of 2005, by and between the CITY OF BONNEY LAKE, a municipal corporation of the State of Washington (hereinafter referred to as "Bonney Lake") and the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "Auburn"), as an addendum to the Settlement Agreement between the parties executed on the 5th day of March, 1998. WIT N E SSE T H: WHEREAS, in March 1998 the City Council of the City of Auburn passed Resolution No. 2925 authorizing the Mayor and City Clerk to execute a settlement agreement that was subsequently signed by the City of Auburn and the City of Bonney Lake; and WHEREAS, among other items, the settlement agreement set forth a water service area boundary between the City of Auburn and the City of Bonney Lake; and WHEREAS, Exhibit B to the settlement agreement implied that Auburn's Urban Growth Area (UGA) was established to confonn with the water service area boundary set forth in the settlement agreement; and WHEREAS, subsequent to approval of the settlement agreement the Potential Annexation Area (P AA) for the City of Auburn was amended to coincide with the water service area boundary; and WHEREAS, Exhibit B to the settlement agreement stated that the UGA and water service area boundary was established to follow property lines; and WHEREAS, since the time of the agreement it has been found that a parcel was divided by the water service area boundary set forth in said settlement agreement, and by the subsequent P AA boundary established based on the water service area boundary, and said parcel Iîes partially within and partially outside of the Auburn PAA; and WHEREAS, part of the Lake Tapps Parkway East extension's right-of-way also lies partially within and partially outside of the Auburn water service area boundary established by the settlement agreement, and partially within and partially outside the subsequent P AA boundary established based on the water service area boundary; and Exhjb~ "A" Resolution No. 3760 Page 1 of4 Addendum NO.1 to the March 1998 Auburn - Boney Lake Settlement Agreement Page 1 of 2 ----_...._.__.__._-~,._---"._-_._- ----....".,....... ~ WHEREAS, sound growth management and planning principles are best served by including entire parcels within a P AA. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the PARTIES DO HEREBY AGREE as follows: ITEM ONE: ADDITION OF PROPERTY The Settlement Agreement is revised to include a portion of Pierce County parcel # 052005-4046, a portion of the Lake Tapps Parkway as it extends from tbe west boundary of 182nd Ave East west to Auburn's existing Urban Growth Area, and a portion of the natural gas pipe line parcel as noted in the attached Exhibit C. Exhibit C, attached hereto and incorporated by reference as if fully set forth herein, shall provide both a graphical representation and a legal description for the parcels that are to be included in Auburn's UGA for urban services and incorporated into the area that Bonney Lake shall be the water purveyor for within Auburn's UGA as defined in the original settlement agreement between Auburn and Bonney Lake. ITEM TWO: REMAINING TERMS UNCHANGED: That all other provisions of the Settlement Agreement between the parties executed on the 5th day of March, 1998, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF BONNEY LAKE CITY OF AUBURN ROBERT YOUNG, Mayor PETER B. LEWIS, Mayor Attest: Attest: Harwood Edvalson, City Clerk Danielle E. Daskam. City Clerk James Dionne, City Attorney Approved as to form: Exhib~ "A" Resolution No. 3760 Page 2 of 4 Addendum No. 1 10 the March 1998 Auburn - Boney Lake Settlement Agreement Page 2 of 2 _n...·--1 EXHIBIT C ADDENDUM 1 AUBURN BONNEY LAKE SETTLEMENT AGREEMENT LEGAL DESCRIPTION OF AREA THAT PORTION OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W oM. IN PIERCE COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 5 A DISTANCE OF 1360 FEET, MORE OR LESS, TO THE NORTHWESTERLY LINE OF THE LANDS CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER PIERCE COUNTY AUDITOR'S NUMBER 2410280; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 1880 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 700 FEET, MORE OR LESS TO THE WEST LINE OF THE LANDS GRANTED TO PIERCE COUNTY FOR 182ND AVENUE EAST DESCRIBED IN DEED RECORDED UNDER PIERCE COUNTY AUDITOR'S NUMBER 2257762; THENCE SOUTHERLY ALONG THE WEST LINE OF 182ND AVENUE EAST AS DESCRIBED IN SAID INSTRUMENT A DISTANCE OF 40 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITORS FILE NUMBER 9902110924; THENCE WESTERLY ALONG LAST SAID SOUTH LINE AND ALONG THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITORS FILE NUMBER 200405180889 AND DEPICTED IN MAP ON FILE IN THE OFFICE OF THE DIRECTOR OF PIERCE COUNTY PUBLIC WORKS AND UTILITIES IN TACOMA, WASHINGTON, ENTITLED "LAKE TAPPS PARKWAY EAST - RIGHT OF WAY PLAN _ CRP 5486" AND BEARING APPROVAL DATE OF NOVEMBER 17,2003, A DISTANCE OF 600 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 A DISTANCE OF 1220 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. H:\StaffFìles\WQ\Utiluy - Sewer\la\Bonney Lake\Addendum Settlement Legal Description.DOC EXHIBIT C Addendum No.1 to the March 1998 Auburn - Boney Lake Settlement Agreement Page 1 of 2 -'--r'-"'-" EXHIBIT C EXHIBIT A RESOLUTION NO. 3760 PAGE40F4 EXHIBITC ADDENDUM NO.1 TO THE MARCH 98 AUBU RN - BONNEY LAKE SETTLEMENT AGREEMENT PAGE 20F2 --- ~----~--- ---"--~-_..._-- '--" ~