HomeMy WebLinkAbout02-22-2005 ITEM VIII-B-6CITYOF
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Resolution No. 3824
Date: February 7, 2005
Department:
Attachments:
I
Budget Impact:
Public Works
Resolution No. 3824
$ 0
Administrative Recommendation:
City Council introduce and adopt Resolution No. 3824.
Background Summary:
Resolution No. 3824 authorizes the Mayor to execute an Interlocal Agreement with the Lakehaven Utility
District (LUD) for the purpose of providing sanitary sewer service from Auburn to property located within
the Lakehaven Utility District's Sanitary Sewer Service Area,
In January 2004, the City and LUD entered into an interlocal agreement establishing sanitary sewer
service boundaries between the two agencies. Recently, a single family residential development has
been proposed that lies within the service boundaries of both Auburn and LUD. While both agencies are
capable of serving the development, the developer has requested that Auburn provide sanitary sewer
service to the entire development. Staff have evaluated sanitary sewer service issues relative to the
developer's request, and have determined that it is feasible for Auburn to provide service to the entire
development.
W0222-6
04.6.1
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
® 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 —/—I—
Tabled Until _!_/_
Councilmember: Wagner I Staff: Dowd
Meeting Date: February 22, 2005 Item Number: VII1.B.6
AU$URN * MORE THAN YOU IMAGINED
RESOLUTION NO. 3 8 2 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE "
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE LAKEHAVEN UTILITY DISTRICT FOR THE
PURPOSE OF PROVIDING SANITARY SEWER SERVICE
FROM AUBURN TO PROPERTY LOCATED WITHIN THE
LAKEHAVEN UTILITY DISTRICT'S SANITARY SEWER
SERVICE AREA
WHEREAS, pursuant to RCW 35A.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, in January 2004 the Commissioners of the Lakehaven Utility
District adopted Resolution No. 2004-1006 authorizing the General Manager to
execute an interlocal agreement with Auburn, which agreement was
subsequently signed by the City of Auburn as authorized under Auburn
Resolution No. 3651; and
WHEREAS, the parties recognize the responsibility of public sanitary
sewer utilities to provide efficient and reliable service to their customers at
reasonable cost; and
WHEREAS, a single family residential development (hereinafter referred
to as "Jovita Heights -West Hill") has been proposed that lies within the distinct
Sanitary Sewer Service Areas of both Auburn and Lakehaven as established
and described in the Original Agreement; and
Resoludon No. 3824
February 7, 2005
Page 1 of 3
WHEREAS, portions of the Auburn sanitary sewer system have been
sized with sufficient wastewater conveyance capacity and are situated so as to
be capable of affording sewer service to those portions of Jovita Heights -West
Hill that lie within both the Auburn Sanitary Sewer Service Area and the
Lakehaven Sanitary Sewer Service Area; and
WHEREAS, portions of the Lakehaven sanitary sewer system have been
sized with sufficient wastewater conveyance capacity and are situated so as to
be capable of affording sewer service to those portions of Jovita Heights -West
Hill that lie within both the Lakehaven Sanitary Sewer Service Area and the
Auburn Sanitary Sewer Service Area; and
WHEREAS, the developer of Jovita Heights - West Hill has requested
that Auburn provide sanitary sewer service to the entire development to afford
maximum efficiency in its use of existing and future facilities; and
WHEREAS, Auburn has evaluated sanitary sewer service issues relative
to the developer's request and determined that it is feasible for Auburn to
provide sanitary sewer service to the entire development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1, The Mayor is hereby authorized to execute an Interlocal
Agreement with the Lakehaven Utility District in substantial conformity with the
Resolution No. 3824
February 7, 2005
Page 2 of 3
agreement attached hereto, marked as Exhibit 1" 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.
Dated and Signed this day of 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
City Attorney
Resolution No. 3824
February 7, 2005
Page 3 of 3
EXHIBIT 1
AMENDMENT NO. 1
TO THE LAKEHAVEN UTILITY DISTRICT AND CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
THIS AGREEMENT, made and entered into this day of 2005,
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, as an amendment to the Interlocal Agreement dated February 2, 2004,
between the parties and executed on the 8th day of January, 2004, and the 20th day of
January, 2004, respectively (hereinafter referred to as "Original Agreement").
WITNESSETH:
WHEREAS, in January 2004 the Commissioners of the Lakehaven Utility
District adopted Resolution No. 2004-1006 authorizing the General Manager to
execute an interlocal agreement with Auburn, which agreement was subsequently
signed by the City of Auburn as authorized under Auburn Resolution No. 3651; and
WHEREAS, the parties recognize the responsibility of public sanitary sewer
utilities to provide efficient and reliable service to their customers at reasonable cost;
and
WHEREAS, a single family residential development (hereinafter referred to as
"Jovita Heights -West Hill") has been proposed that lies within the distinct Sanitary
Sewer Service Areas of both Auburn and Lakehaven as established and described in
the Original Agreement; and
WHEREAS, portions of the Auburn sanitary sewer system have been sized
with sufficient wastewater conveyance capacity and are situated so as to be capable
of affording sewer service to those portions of Jovita Heights -West Hill that lie within
both the Auburn Sanitary Sewer Service Area and the Lakehaven Sanitary Sewer
Service Area and
WHEREAS, portions of the Lakehaven sanitary sewer system have been sized
with sufficient wastewater conveyance capacity and are situated so as to be capable
of affording sewer service to those portions of Jovita Heights -West Hill that lie within
both the Lakehaven Sanitary Sewer Service Area and the Auburn Sanitary Sewer
Service Area; and
WHEREAS, the developer of Jovita Heights -West Hill has requested that
Auburn provide sanitary sewer service to the entire development to afford maximum
efficiency in its use of existing and future facilities; and
Exhibit 1
Resolution No 3824 Amendment No. 1 to the Lakehaven Utility District
Page 1 of 4 and the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
WHEREAS, Auburn has evaluated sanitary sewer service issues relative to the
developer's request and determined that it is feasible for Auburn to provide sanitary
sewer service to the entire development; and
WHEREAS, Lakehaven has evaluated the request and determined that,
conditioned on mitigation of the impacts incident thereto, Lakehaven can transfer to
Auburn that portion of its Sanitary Sewer Service Area that lies within Jovita Heights -
West Hill so that Auburn can provide sanitary sewer service to the entire
development.
NOW, THEREFORE in consideration of their mutual covenants, conditions, and
promises, IT IS HEREBY AGREED by and between the parties hereto as follows:
ITEM ONE REVISION TO ATTACHMENT 1 OF THE ORIGINAL AGREEMENT,
Page 2 of 2:
Attachment 1 of the Original Agreement is a graphical representation of the sanitary
sewer service area boundary between Auburn and Lakehaven as established in the
Original Agreement. Page Two of Attachment 1, as such Attachment 1 is attached
hereto and by this reference incorporated herein, revises the sanitary sewer service
area shown in the Original Agreement to reflect the transfer to Auburn of certain
sanitary sewer service areas originally granted to Lakehaven; more specifically, those
parcels located within the City of Auburn, east of 56th Avenue South between South
336th Street and South 344th Street, together with those parcels located outside the
City of Auburn, east of 55th Avenue South between South 340th Street and South
348th Street.
ITEM TWO REVISION TO ATTACHMENT 2 OF THE ORIGINAL AGREEMENT:
The legal description for the sanitary sewer service area boundary is revised to reflect
the service area modification described in Item One of this Amendment. Attachment
2 is attached hereto as the legal description of the revised sanitary sewer service area
boundary and by this reference is incorporated herein.
ITEM THREE REVISION TO SECTION 1: Sewer Service Area.
Section One of the Original Agreement, entitled "Sewer Service Area," is hereby
amended to hereinafter read as follows:
The parties have agreed to a mutual sewer service planning boundary as depicted on
the maps attached hereto as Attachment 1 and as legally described in Attachment 2,
which are by this reference each incorporated herein. Both parties further agree that,
through this designation of the sanitary sewer service boundary, Lakehaven shall
provide sanitary sewer service to properties mutually within its revised sanitary sewer
service area and Auburn's PAA, also depicted on Attachment 1, while Auburn shall
provide sanitary sewer service to properties located within its revised sanitary sewer
service area, including portions of Lakehaven's corporate boundary, in accordance
with and subject to the terms and conditions of this Agreement.
Exhibit 1 --- -- -- — — — -- --- — — — ---
Resolution No 3824 Amendment No. 1 to the Lakehaven Utility District
Page 2 of 4 and the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
ITEM FOUR REMAINING TERMS UNCHANGED:
That all other provisions of the Original Agreement not herein amended shall remain
in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the
day and year first below written.
LAKEHAVEN UTILITY DISTRICT
Approved by Resolution No. of the Lakehaven Utility District, Federal
Way, Washington, at its regular meeting held on the day of
2005.
DONALD T. PERRRY, GENERAL MANAGER
Lakehaven Utility District
Approved as to form:
STEVEN H. PRITCHETT, GENERAL COUNSEL
Lakehaven Utility District
Exhibit 1 —"—
Resolution No 3824 Amendment No. 1 to the Lakehaven Utility District
Page 3 of 4 and the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
CITY OF AUBURN
Approved by Resolution No. 3824 of the City of Auburn, Washington, at its regular
meeting held on the day of 2005.
0
PETER B. LEWIS,
Mayor, City of Auburn
Attest:
DANIELLE DASKAM,
City Clerk, City of Auburn
Exhibit 1
Resolution No 3824
Page 4 of 4
Amendment No. 1 to the Lakehaven Utility District
and the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
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Attachment 2
(REVISED)
LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
BOUNDARY DESCRIPTION
BEGINNING at a point 170 feet east of the Northwest corner of the Southeast quarter
of the Southwest quarter of Section 35, Township 22 North, Range 4 East, W.M., in
King County, Washington;
THENCE south 662.54 feet, more or less, to the North line of the South half of said
subdivision;
THENCE easterly along said North line to a point 300 feet west of the East line of said
subdivision;
THENCE south to a point 170 feet north of the South line of said subdivision;
THENCE east 300 feet, more or less, to the East line of said subdivision;
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, parallel with the North line of said subdivision, 1,304.44 feet;
THENCE southerly, parallel with the West line of said subdivision, 494 feet;
THENCE easterly, parallel with the North line of said subdivision, 680.8 feet;
THENCE southerly, parallel with the West line of said subdivision, 100 feet;
THENCE easterly, parallel with the North line of said subdivision, 428 feet, more or
less, to the East line of said subdivision;
THENCE southerly, along said East line to the Northeast corner of the South half of
the South half of the Northeast quarter of the Southeast quarter of said Section 2;
THENCE westerly, along the North line of said subdivision, 518.77 feet;
THENCE southerly, parallel with the East line of said subdivision, 328.01 feet;
Attachment 2
Resolution No. 3824
Page 1 of 4
Lakehaven — Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
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, 964.41 feet;
THENCE westerly, parallel with 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
said subdivision;
THENCE westerly, along said South line, to the centerline of 56th Avenue South;
THENCE southerly, along said centerline of 56th Avenue South, to the centerline of
South 305th Street in Section 11, Township 21 North, Range 4 East, W.M., in King
County, Washington;
THENCE westerly, along said centerline of South 305th Street, to a point of
intersection with the northerly projection of the West line of Lot 2, Block 5, Auburn
Heights Park Division No. 2, according to the plat thereof recorded in Volume 49,
Page 99, records of King County, Washington;
THENCE southerly, 320 feet, more or less, parallel with said West line of Lot 2, to the
South line of Lot 4, Block 5, of said plat;
THENCE easterly, along said South line of Lot 4, to the Northwest corner of Lot 5,
Block 5 of said plat;
THENCE southerly and southeasterly, along the West lines of Lots 5 and 9, of said
plat, to the Northeast corner of Block 7, Auburn Heights Park Division No. 1, according
to the plat thereof recorded in Volume 49 of Plats, Page 56, records of King County,
Washington;
THENCE southerly, along the East line of Block 7 of said plat, to the Southeast corner
of Lot 2, Block 7, of said plat;
THENCE westerly, parallel with the South line of said plat, along the north lines of Lot
19 and Lot 1, Block 6, Lot 15 and Lot 1, Block 5, and Lot 26, Block 4, of said plat, to
the centerline of 51st Avenue South;
THENCE southerly, along said centerline of 51st Avenue South, to the Southwest
corner of said Section 11;
THENCE continue southerly, along the West line of Section 14, Township 21 North,
Range 4 East, W.M., in King County, Washington, 329.57 feet;
Attachment 2
Resolution No. 3824
Page 2 of 4
Lakehaven — Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
THENCE east 30 feet to the Southwest corner of Lot 15, Peasley Ridge, according to
the plat thereof recorded in Volume 201, Pages 66-71, records of King County,
Washington;
THENCE continue easterly, along the South line of said plat, to the Southeast corner
of Tract D Peasley Ridge;
THENCE northerly, along the East line of said Tract D, 150 feet, more or less, to the
Northwest corner of Lot 2, King County Short Plat No. 1080026R, as recorded under
Recording No. 8106080708, records of King County, Washington;
THENCE easterly, along the North line of said Lot 2, to the West line of Lot 1, King
County Short Plat No. 1080027, as recorded under Recording No. 8106080709,
records of King County, Washington;
THENCE northerly, along the West line of said Lot 1, to the Northwest corner thereof;
THENCE easterly, along the North lines of Lots 1, 2 and 4, of said short plat, to the
Northeast comer of said Lot 4;
THENCE East 60 feet to the West line of Lot 19, West Auburn Five -Acre Tracts,
according to the plat thereof recorded in Volume 15, Page 12, records of King County,
Washington;
THENCE southerly, along the West line of said Lot 19, 9.43 feet;
THENCE easterly, parallel with the North line of said Lot 19, 294.8 feet;
THENCE northerly, parallel with the West line of said Lot 19, 119.43 feet, more or
less, to the South margin of South 320th Street;
THENCE easterly, along said south margin of South 320th Street, 150 feet;
THENCE southerly, parallel with the West line of said Lot 19, 119.43 feet;
THENCE easterly, parallel with the North line of said Lot 19, 9.59 feet;
THENCE southerly, parallel with the West line of said Lot 19, 5 feet;
THENCE easterly, parallel with the North line of said Lot 19, 13.53 feet;
THENCE southerly, parallel with the West line of said Lot 19, 178.866 feet, more or
less, to the most Northwesterly corner of Lot 4, King County Short Plat No. 278048, as
recorded under Recording No. 8004030782, records of King County, Washington;
THENCE southerly, along the West line of said Lot 4, to the Southwest corner thereof
and the North line of Lot 2, King County Short Plat No. 1077053, as recorded under
Recording No. 7808100856;
THENCE westerly, along the North line of said Lot 2, to the Northwest corner thereof;
Attachment 2
Resolution No. 3824
Page 3 of 4
Lakehaven -Auburn Interlocat Agreement
Establishing Sanitary Sewer Service Boundaries
THENCE southerly, along the West lines of Lot 2 and Lot 4 of said short plat, to the
North line of Lot 30, West Auburn Five -Acre Tracts, according to the plat thereof
recorded in Volume 15, Page 12, records of King County, Washington;
THENCE easterly, along the North line of said Lot 30, 147.35 feet;
THENCE southerly, parallel with the East line of said Lot 30, to the centerline of South
324th Street;
THENCE westerly, along said centerline of South 324th Street, to the centerline of
56th Avenue South;
THENCE southerly, along said centerline of 56th Avenue South, to the North margin
of State Highway No, 18;
THENCE easterly, along said North margin of State Highway No. 18, to the southerly
projection of the centerline of 58th Avenue South;
THENCE southerly, along said centerline of 58th Avenue South, to the North margin
of South 336th Street;
THENCE westerly, along said North margin of South 336th Street to the West margin
of 56th Avenue South;
THENCE southerly, along said West margin of 56th Avenue South to the North margin
of South 340th Street;
THENCE westerly, along said North margin of South 340th Street to the West margin
of 55th Avenue South;
THENCE southerly, along said West margin of 55th Avenue South to the South margin
of South 348th Street;
THENCE easterly, along said South margin of South 348th Street to the East margin of
56th Avenue South;
THENCE northerly, along said East margin of 56th Avenue South, to the easterly
projection of the South line of Lot 24, Block 27, Jovita Heights, according to the plat
thereof recorded in Volume 20 of Plats, Page 12, records of King County,
Washington, and the terminus of this boundary description
Attachment 2
Resolution No. 3824 Lakehaven — Auburn Interlocal Agreement
Page 4 of 4 Establishing Sanitary Sewer Service Boundaries