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HomeMy WebLinkAboutITEM VIII-B-4 * '" A:iji1fltN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution 4113 November 20, 2006 Department: I Attachments: Budget Impact: Human Resources Administrative Recommendation: City Council adopt Resolution 4113. Background Summary: Resolution 4113 approving and authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Auburn and King County relating to the annexation of the Lea Hill and West Hill potential annexation areas. 81120-1 03.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: o Building o M&O o Airport o Finance o Cemetery o Mayor o Hearing Examiner !;8J Municipal Servo o Finance o Parks o Human Services !;8J Planning & CD o Fire o Planning o Park Board OPublic Works o Legal o Police o Planning Comm. o Other o Public Works o Human Resources o Information Services Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing _'---1_ Referred to Until -'-'- Tabled Until -'-'- Councilmember: Norman I Staff: Heineman Meeting Date: November 20, 2006 litem Number: VIII.B.4 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO.4 1 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY RELATING TO THE ANNEXATION OF THE LEA HILL AND WEST HILL POTENTIAL ANNEXATION AREAS WHEREAS, the City of Auburn has identified two separate Potential Annexation Areas (PM) generally known as Lea Hill Annexation Area and West Hill Annexation area; and WHEREAS, the Auburn City Council intends to present to the residents/voters of these areas the opportunity to vote, in November 2007, on whether to annex to the City; and WHEREAS, if approved by voters and the City Council, it is expected that the annexation of one or both of the annexation areas will become effective in early 2008; and WHEREAS, as of the effective date of the annexation of those annexation areas, the City will own and have responsibility for the operation, safety and maintenance of all former County roads, bridges and rights-of-way located within the City limits together with all appurtenances located within such rights-of-way including drainage facilities, stormwater facilities, environmental Resolution No. 4113 November 14, 2006 Page 1 of 3 mitigation sites and monitoring projects, street lights, traffic signals and traffic signs; and WHEREAS, RCW 39.34 establishes the authority for cities and counties to enter into interlocal agreements as necessary to work together when an issue requires a joint action of all parties concerned; and WHEREAS, in order to facilitate an orderly transition of services from the County to the City of Auburn it would be in the public interest for the City to enter into an interlocal agreement with King County to address matters relating to the potential annexations of these areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an interlocal agreement between the City of Auburn and King County which agreement shall be in substantial conformity with the interlocal agreement a copy of which is attached hereto, marked as Exhibit "An 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. Resolution No. 4113 November 14, 2006 Page 2 of 3 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of ,2006. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4113 November 14, 2006 Page 3 of 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY, RELATING TO THE ANNEXATION OF THE LEA HILL AND WEST HILL POTENTIAL ANNEXATION AREAS THIS AGREEMENT is made and entered into this _ day of ,2006. The parties ("Parties") to this Agreement are the City of Auburn, a State of Washington municipal corporation ("City"), and King County, a political subdivision of the State of Washington ("County"). WHEREAS, the City has identified two separate Potential Annexation Areas ("P AAs") in its comprehensive plan consistent with the requirements of the state Growth Management Act ("GMA") and the Countywide Planning Policies adopted consistent with GMA, which P AAs are generally known as the "Lea Hill Annexation Area" and the "West Hill Annexation Area," both of which are further described in Exhibit A hereto (hereinafter collectively referred to as the Annexation Areas"); and WHEREAS, on an election date in or before November 2007, the citizens of the Annexation Areas will have an opportunity to vote on whether to annex to the City; and WHEREAS, if approved by the voters and the City Council, annexation of one or both of the Annexation Areas to the City will become effective on or before January 1,2008; and WHEREAS, as of the date of legal annexation of the Annexation Areas, pursuant to state law, the City will own, and have the responsibility for the operation, safety and maintenance of all former County roads, bridges and rights-of-way located within the City limits together with all appurtenances located within such rights-of-way, including but not limited to, drainage facilities, stormwater facilities, environmental mitigation sites and monitoring projects, street lights, traffic signals and traffic signs; and WHEREAS, the City and the County desire to facilitate an orderly transition of services associated with the Annexation Areas; and WHEREAS, the City and the County desire to mutually determine the appropriate timing for the transfer of public records; and WHEREAS, upon annexation of the Annexation Areas, the County shall make available to the City a one-time payment of funds from its Annexation Incentive Funds to assist with the cost of transitioning services and in consideration of the City relieving the County of the burden of providing public services to the areas to be annexed; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing County surface water facilities and related property interests in the Annexation Areas; and WHEREAS, all local govemmentalland use authority and jurisdiction with respect to the Annexation Areas transfers from the Countyto the City upon the effective date of annexation; and 1 WHEREAS, the County and City agree that having County staff continue to process various vested building and land use permit applications from the Annexation Areas on behalf of the City for a transitional period following annexation will assist in an orderly transfer of authority and jurisdiction; and WHEREAS, it is the parties' intent by virtue ofthis Agreement that any and all discretionary decisions with respect to land use and permitting from and after the date of annexation shall be made by the City; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. TERM. This Agreement shall be deemed to take effect following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized representative of each of the Parties, and shall continue in force for a period of five (5) years from the effective date of annexation ofthe Annexation Areas; provided, however, that in the event: (1) the City fails to place the annexation measure on the ballot in or before November 2007, then this Agreement shall terminate on December 31, 2007. 2. ANNEXATION. The City shall take action to ensure placement of propositions on the ballot at a regular or special election date in or prior to November 2007 for the registered voters of the Annexation Areas as described in Exhibit A to vote on whether to annex to the City. If approved by the voters, the City shall take action by ordinance to ensure that the annexation of the Annexation Areas so approved will be effective on or before January 1, 2008. 3. ANNEXATION FUND PAYMENT AND ROAD IMPROVEMENTS CONTRIBUTION. In order to partially offset the City's cost oftransitioning and providing services to the Annexation Areas, and in consideration of the City relieving the County of the burden of providing local public services in the Annexation Areas, the County will provide the City with a payment from the annexation initiative incentive reserve funds and shall pre-fund certain roadway improvements in advance of annexation. a. The payment of annexation incentive reserve funds for the annexation of both Annexation Areas shall total $1,250,000 composed of County Current Expense ("CX") Funds. The payment shall be made within 30 days following the effective date of the annexation of the Annexation Areas; provided that half the amount payable may be transferred to the City upon its request in advance of the effective date but after final action by the City Council to accept the annexation after certification of the successful election. 2 b. In addition to the annexation incentive fund payment described in paragraph 3.a above, the County shall cause to be completed roadway overlay improvements in the Annexation Areas valued at $500,000. The road funding shall be committed to a designated overlay project(s) by the County after the City Council acts to accept annexation of the Annexation Areas following voter approval of annexation. The roadway improvements shall be specifically targeted to roadways that are not currently subject of a scheduled overlay project and which have a pavement rating of less than forty percent, and the specific roadway segments to be improvements shall be selected by the County Roads Division in consultation with the Director of the City Public Works Department. Such improvements shall to the extent practicable be completed prior to the effective date of the annexation, but in any event as soon thereafter as possible. c. In the event that both annexation propositions are not approved by the voters, then the payment of annexation incentive reserve funds shall be apportioned as follows: 1. For the annexation of Lea Hill: $1,125,000 in CX and $450,000 in road overlays. 2. For the annexation of West Hill: $125,000 in CX funds and $50,000 in road overlays. d. No annexation incentive funds shall be owed to the City under this Agreement for an annexation of either Lea Hill or West Hill effective after January 1, 2008. 4. RECORDS TRANSFER. Upon approval of the annexation by voters and acceptance thereof by the City, the County shall work with the City to transfer to the City public records including but not limited to record drawings or construction drawings that are requested by the City related to transferred facilities and properties within the areas so annexed. The City shall send a written request for records to the director of the County division holding such records. Alternately, the City may request in writing that such director schedule a records transfer meeting at which City representatives shall meet with County department representatives in order to review and identify records to be copied and/or transferred consistent with the terms ofthis Section 4. The request shall provide sufficient detail to allow the County to identify and locate the requested records. The County shall make its best effort to provide the documents within forty-five (45) days of the request. The County may elect to provide original records or copies of records. The County shall not be required to provide records that are not reasonably available or to create records or compilations that have not already been created. The County shall provide the City free of charge one set of records meeting the requirements of this section. Notwithstanding anything in this section to the contrary, sheriff records transfers will be subject to the provisions of Section 8 and Exhibit G. 5, DEVELOPMENT PERMIT PROCESSING. Upon the effective date of the annexation of either Annexation Area, the terms of this Agreement attached hereto as 3 Exhibit B shall go into effect with respect to development permit processing in the area annexed. 6. SURFACE WATER MANAGEMENT AND GREENBELT PROPERTIES a. Transfer of Drainage Facilities and Drainage Facility Property Interests. 1. Upon the effective date of annexation for the area in which the "Drainage Facilities" identified in Exhibit C, attached hereto and incorporated herein by reference, are located, those Drainage Facilities which are held by the County as specifically identified in Tables A-I, C-l and C-2 of Exhibit C shall automatically be transferred from the County to the City, and the City shall assume ownership and full and complete responsibility for the operation, maintenance, repairs, and any subsequent improvements to the Drainage Facilities. The Drainage Facilities identified in Tables B-1 and B-2 of Exhibit C shall not be transferred but shall remain in private ownership. The City has the right but not the obligation to inspect the facilities identified in Tables B-1 and B-2 from and after the effective date of annexation. 11. The County shall upon the effective date of annexation for the area in which the "Drainage Facility Property Interests" identified in Exhibit D, attached hereto and incorporated herein by reference, are located, convey by quit claim deed in substantially the form in Exhibit E, attached hereto and incorporated by reference, to the City, and the City shall accept, the Drainage Facility Property Interests, subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Drainage Facility Property Interests 111. The County is willing to provide surface water management services and maintenance for either or both Lea Hill and West Hill Annexation Areas via separate written agreement between the Parties. IV. Both parties will make staff available to identify and review any additional County-owned local drainage facilities, easements, and other property interests within the Annexation Areas that should appropriately be conveyed to the City. Such facilities and other property interests include those for which the County's facility acceptance process has not yet been completed, including both projects being constructed by the County as well as projects subject to County approval that are constructed by third parties. Any such additional County-owned drainage properties or other property interests shall be transferred to the City pursuant to this Agreement and upon County approval, including if necessary the adoption of an ordinance authorizing the transfer of King County owned drainage properties and property interests. The transfer of responsibility for drainage facilities shall be documented in writing, including specific facilities transferred and the date of transfer and such documentation signed by the appropriate City representative and the Director of the King County Water and Land Resources Division. 4 b. Transfer of Greenbelt Properties. The County shall upon the effective date of annexation for the area in which the "Greenbelt Properties" identified in Exhibit F, attached hereto and incorporated herein by reference, are located, convey by quit claim deed in substantially the form in Exhibit E, attached hereto and incorporated by reference, to the City, and the City shall accept, the Greenbelt Properties, subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Greenbelt Properties. The deeds for the Greenbelt Properties shall contain the restrictions intended to preserve the use of said properties as greenbelts restricted to use as open space and passive recreation, as were placed on the properties at the time of their conveyance to King County, all as more specifically described in said deeds. The City covenants that it shall place said restrictions in any deed conveying any or a portion of the Greenbelt Properties. c. Condition of and Responsibility for Operations, Maintenance, Repairs, and Improvements of Drainage Facilities, Drainage Facility Property Interests, and Greenbelt Properties. 1. The City agrees to accept the Drainage Facilities, Drainage Facility Property Interests and Greenbelt Properties in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, and improvements ofthe Drainage Facilities, Drainage Facility Property Interests and Greenbelt Properties. 11. King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Drainage Facilities, Drainage Facility Property Interests and Greenbelt Properties and no official, employee, representative or agent of King County is authorized otherwise. iii. The City acknowledges and agrees that except as indicated in paragraph 6( d)(ii), the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Drainage Facilities, Drainage Facility Property Interests or Greenbelt Properties without regard to whether such defect or deficiency was known or discoverable by the City or the County. d. Environmental Liability related to the Drainage Facilities, Drainage Facility Property Interests and Greenbelt Properties. i. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 5 11. Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Drainage Facilities, Drainage Facility Property Interests or Greenbelt Properties by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on, changing the configuration of, or changing the use of the Drainage Facilities, Drainage Facility Property Interests or Greenbelt Properties. iii. If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. IV. In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. e. Indemnification related to Drainage Facilities, Drainage Facility Property Interests and Greenbelt Properties . 1. King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities, Drainage Facility Property Interests and Greenbelt Properties that occurred prior to the effective date of annexation, except to the extent that indemnifying or holding the City harmless would be limited by Section 6( c) of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. 11. The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occur on or after the 6 effective date of annexation, except to the extent that indemnifying or holding the County harmless would be limited by Section 6( c) of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. iii. For a period of three years following transfer, each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Drainage Facilities, Drainage Facility Property Interests or Greenbelt Properties. IV. Each Party to this Agreement agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party to this Agreement, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. v. The provisions of this Section 6 shall survive the expiration or termination of this Agreement. 7. JAIL SERVICES. On and after the effective date of annexation, the Annexation Areas are subject to the existing Interlocal Agreement between King County and the City of Auburn for Jail Services. All misdemeanor crimes that occur in the Annexation Area prior to the date of annexation will be considered crimes within the jurisdiction of King County for the purposes of determining financial responsibility under said Interlocal Agreement for Jail Services. All misdemeanor crimes that occur in the Annexation Area on or after the date of annexation will be considered crimes within the jurisdiction of the City for purposes of determining financial responsibility under the Interlocal Agreement for Jail Services. 8. POLICE SERVICES. On and after the effective date of the annexation, police service responsibility within the Annexation Areas will be transferred to the City. Criminal cases and investigations pending in the County prior to the effective date of the annexation remain the responsibility of the County. The parties shall implement the police transition plan attached hereto at Exhibit G. In addition to the provisions of that transition plan, the parties further agree as follows: a. Sharing of community information: The County agrees to provide community contact lists that the County may have regarding the Annexation Areas to the City 7 upon request. These lists may include, but are not limited to: members of block watch programs, community groups, and/or homeowner's associations. The lists shall be provided to the City within 90 days ofthe effective date of the annexation. b. Annexation of Emergency Response (911) Services: The City and County agree to coordinate the transfer of emergency response (911) services in the Annexation Areas. 9. DISTRICT COURT SERVICES TRANSITION. The County will be responsible for the prosecution and payment of any fees or assessments associated with, misdemeanor criminal cases filed by the County prior to the effective date of annexation. The City will be responsible for the prosecution of, and payment of court filing fees and other fees associated with misdemeanor criminal case filed by the City from and after the effective date of annexation, regardless of the time of the events from which the misdemeanor arose. 10. STATUS OF COUNTY EMPLOYEES. Subject to City civil service rules and state law, the City agrees to consider the hiring of County employees whose employment status is affected by the change in governance of the Annexation Areas where such County employees make application with the City pursuant to the City's hiring process and meet the minimum qualifications for employment with the City, and provided further that the City's consideration of hiring affected sheriff department employees shall be governed by the provisions set forth in RCW 35.13.360 et seq. The County shall in a timely manner provide the City with a list of those affected employees. 11. CITY URBAN SEP ARA TOR ZONING ON LEA HILL. The City and County agree that prior to the effective date of annexation, the City will amend its comprehensive land use plan and zoning to designate the entire Lea Hill Urban Separator at a residential density of one home per acre with mandatory lot clustering and ensure such zoning is effective as of the effective date of annexation. This shall not preclude the City from seeking a change in the designation of the Lea Hill Urban Separator in the Countywide Planning Policies (CPPs) in the future, and if approved, the City would be able to rezone the Lea Hill Urban Separator consistent with any such change in the CPPs. 12. ANNEXATION AREA BOUNDARIES TO INCLUDE ROADWAYS BOUNDING AGRICUL TURAL PRODUCTION DISTRICTS. The parties agree that, subject to approval by the Boundary Review Board, any and all county roadways located on the edge of the Annexation Area adjacent to or abutting the Green River Agricultural Production District(s), shall be included within the Annexation Area. a. The parties agree to work collaboratively to resolve issues relating to policing authority and road maintenance responsibility within the Green River Agricultural Production District, including considering the option of transitioning those responsibilities from the County to the City and/or the Cities of Kent and Federal 8 Way, and to seek to include the Cities of Kent and Federal Way in such discussions. 13. CONTINUED ANNEXATION EFFORTS RELATED TO REMAINING UNINCORPORATED ISLANDS WITHIN CITY BOUNDARIES. The parties agree to work collaboratively in support of the near-term annexation by the City of the remaining small unincorporated island territories and Potential Annexation Areas within or adjacent the current City boundaries, including specifically the areas known as the "Totem area," the "Klump area" and the area of state.:.owned property adjacent to the south west portion of the intersection of State Route 167 and South 27ih Street. 14. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. City of Auburn: King County: Mayor City of Auburn 25 West Main Street Auburn, WA 98001-4998 Director, Office of Management and Budget King County Suite 3200 Seattle, W A 98104 15. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance with federal, state, and local laws and regulations. Specifically, in meeting the commitments encompassed in this Agreement, all parties will comply with, among other laws and regulations, the requirements of the Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the Parties do not purport to abrogate the decision-making responsibility vested in them by law. 16. INDEMNIFICATION. The following indemnification provisions shall apply to the entirety of this Agreement except for: (1) Section 6 concerning Drainage Facilities, Drainage Facility Property Interests and Greenbelt Properties, which Section shall be controlled exclusively by the provisions therein and (2) Exhibit B relating to Development Permit Processing which Exhibit contains separate indemnification provisions. a. The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any ofthem, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any 9 principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any ofthem, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. c. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. d. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 17. GENERAL PROVISIONS. a. Entire Agreement. This Agreement together with all Exhibits hereto contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Road Levy Tax. The County's collection and disbursement of road levy tax within the Annexation Area(s) shall be in accordance with state law. c. Filing. A copy of this Agreement shall be filed with the Auburn City Clerk and recorded with the King County Recorder's Office. d. Records. Until December 31,2013, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 10 Other provisions of this section notwithstanding, police/sheriff records shall be retained according to the state records retention schedule as provided in RCW Title 42 and related Washington Administrative Code provisions. e. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. f. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. g. Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. h. Successors in Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. 1. Dispute Resolution. The Parties should attempt if appropriate to use a formal dispute resolution process such as mediation, through an agreed-upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. J. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. k. No waiver. Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 1. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. m. Authority. Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. n. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above in Section 14. Any notices may be delivered personally 11 to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 14. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. o. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. p. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. q. Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF AUBURN: KING COUNTY: Peter B. Lewis, Mayor Ron Sims, Executive Date: Date: ATTEST: ATTEST: City Clerk DATED: DATED: Approved as to Form: Approved as to Form: City Attorney Sr. Deputy Prosecuting Attorney 12 Exhibit A Description of Annexation Areas Lea Hill Proposed Annexation Area Legal Description November 3, 2006 Those portions of Sections 3, 4,5,7,8,9, 10,16, and 17, Township 21 North, Range 5 East, and Sections 32, and 33, Township 22 North, Range 5 East, Willamette Meridian in King County, Washington described as follows: Beginning at the northwest corner of the northeast quarter of the southwest quarter of said Section 32, said point also being a point on the City Limits of Kent, as annexed under Kent City Ordinance No. 3241; Thence in a southeasterly direction, along said city limits, to an intersection with the westerly right-of-way margin of SR-18 (aka P.S.H. No.2); Thence in a southwesterly direction, along said west margin, to an intersection with the west line of the east half of the east half of said Section 16; Thence in a northerly direction, along said west line, to an intersection with the north line of said Section 16; Thence in a westerly direction, along said north line, to an intersection with the west line of the east half of said Section 16; Thence in a southerly direction, along said west line, to an intersection with the north line of the south half of said Section 16; Thence in a westerly direction, along said north line, and the north line of the south half of said Section 17, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5346; Thence in a northeasterly direction, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5937; Thence in easterly, northerly, and westerly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 5346; Thence in a northerly direction, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5986; Thence in easterly, northerly, and westerly directions, along said City Limits, to 13 an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 5346; Thence in northerly, westerly, and southwesterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5088; Thence in southwesterly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 5346; Thence in southerly, and westerly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 2220; Thence in a northwesterly direction, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 1300; Thence in northwesterly, and northeasterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5516; Thence in northeasterly, northwesterly, and northeasterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 3266; Thence in northeasterly, and northwesterly directions, along said City Limits, to an intersection with the east line of the west half of the west half of said Section 5' , Thence in a northerly direction, along said east line, and the east line of the west half of the west half of said Section 32, to the point of beginning; Except those portions as annexed to the City of Auburn under Auburn City Ordinances 3889,5980,5982, and 5983, and those portions as annexed to the City of Kent under Kent City Ordinances 2743; 14 West Hill Proposed Annexation Area Legal Description November 3, 2006 Those portions of Sections 2, 11, 14, and 15, Township 21 North, Range 4 East, and Section 35, Township 22 North, Range 4 East, Willamette Meridian in King County, Washington described as follows: Beginning at the intersection of the south right-of-way margin of South 288th Street and the east right-of-way margin of 55th Avenue South, in the northwest quarter of the northwest quarter of said Section 2; Thence in a northerly direction, along said east margin, to an intersection with the north line of the south half of the south half of the southwest quarter of said Section 35, said point also being on the south line of Tract B, in the Plat of Woodbrook Division No.1, recorded in Volume 190 of Plats, Page 69, records of King County, Washington; Thence in an easterly direction, along said north line, to an intersection with the east line of the west half of the west half of said Section 35; Thence in a northerly direction, along said east line, to an intersection with the north line of the south half of the south half of said Section 35; Thence in an easterly direction, along said north line, and the north line of the south half of the south half of said Section 36, to an intersection with the east right-of-way margin of SR - 181 (aka 68th Avenue South, West Valley Highway); Thence in a southerly direction, along said east margin, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 3990; Thence in westerly, southerly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 2605; Thence in southerly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 4139; Thence in southerly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 1913; Thence in a southerly direction, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 4606; 15 Thence in westerly, and southerly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 1999; Thence in southerly, westerly, and southerly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 1913; Thence in a westerly direction, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 3915; Thence in westerly, southerly, and southeasterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 3457; Thence in southeasterly, and northeasterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 1913; Thence in southerly, westerly, southerly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 4979; Thence in southerly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5153; Thence in southerly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 1913; Thence in a southerly direction, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 1387; Thence in a southerly direction, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5987; Thence in westerly, and southerly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 5988; Thence in southwesterly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 3242; Thence in a southerly direction, along said City Limits, to an intersection with the 16 City Limits of Auburn as annexed under Auburn City Ordinance No. 5981; Thence in westerly, southerly, and easterly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under said Auburn City Ordinance No. 1387; Thence in southerly, and westerly directions, along said City Limits, to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 2543; Thence in westerly, and southerly directions, along said City Limits, to an intersection with the south right-of-way margin of South 336th Street; Thence in a westerly direction, along said south margin, to an intersection with the east line of the west half of the west half of said Section 14; Thence in a northerly direction, along said east line, to an intersection with the south right-of-way margin of SR-18 (aka P.S.H. No.2); Thence in a westerly direction, along said south margin, to an intersection with the easterly right-of-way margin of Peasley Canyon Way; Thence in a northerly direction, along a line perpendicular to the centerline of Peasley Canyon Road, to an intersection with the northeasterly right-of-way margin of said Peasley Canyon Road; Thence in a northwesterly direction, along said northeasterly margin, to an intersection with the westerly extension of the south right-of-way margin of South 321 st Street; Thence in an easterly direction, along said south margin, to an intersection with the southerly extension of the east right-of-way margin of 51st Avenue South; Thence in a northerly direction, along said east margin, to an intersection with the south right-of-way margin of South 288th Street; Thence in an easterly direction, along said south margin, to the point of beginning. 17 Exhibit B Development Permit Processing in Annexation Areas from and after the date of Annexation Pursuant to the INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY, RELATING TO THE ANNEXATION OF THE LEA HILL AND WEST HILL POTENTIAL ANNEXATION AREAS dated ,2006 (the "Agreement"). 1. Pre-annexation Building Permit Applications Filed with King County. 1.1 Except as otherwise specified herein, the County shall continue to review and inspect on behalf of the City all vested building permit applications filed with the County before the effective date of annexation that involve property within the Annexation Areas. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions regarding whether or when an application vested shall be made by the City. Promptly after the annexation election is certified, the City and County shall meet to identify and discuss vested permit applications within the annexation areas. Not more than 10 nor less than 7 calendar days prior to the effective date of the annexation, the County shall provide the City with a list of all permit applications vested under County codes in the areas to be annexed by the City, together with a list of all permit applications filed with the County for which a vesting determination has not yet been made. Updated lists of vested and filed permits shall be provided to the City within 7 calendar days following the effective date of annexation. 1.2 As defined herein, building permits include but are not limited to building permits, mechanical permits and fire systems/fire sprinkler permits. 1.3 County review of building permits pursuant to this Exhibit shall include decisions to approve, condition or deny applications; follow-up inspections; issuance of extensions or completion of extensions; and issuance of ancillary permits, such as fire and mechanical permits that are essential for completion of each original project permit. The County agrees to consult with the City prior to rendering any administratively appealable building-related permit decision. Appeals of building permit decisions, if any, shall be processed in the same manner as permit appeals in Section 2.4 ofthis Exhibit. 1.4 The City shall have sole discretion and responsibility on the assessment of required performance financial guarantees and the enforcement or release of financial guarantees required of an applicant to secure compliance with permit or development- related requirements. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. 18 1.5 The County shall review and render decisions on requests for changes to approved building-related plans up to the time that either a certificate of occupancy is issued or final construction approval has been issued for the project, whichever is earlier. Following issuance of a certificate of occupancy or final construction approval, requests for changes to the approved set of plans shall be referred to the City. The City intends to process such requests as new permit applications. 2. Pre-annexation Land Use Permit Applications Filed with King County. 2.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested land use permit applications filed with the County before the effective date of annexation that involve property within the Annexation Areas. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions regarding whether or when an application vested shall be made by the City. 2.2 As defined herein, land use permits include but are not limited to conditional use permits, site plan approvals, rezones, reasonable use permits, special use permits, SEP A reviews, shoreline permits and exemptions, short subdivisions, formal subdivisions (preliminary plats and final plats), boundary line adjustments, lot line elimination, binding site plans, plat alterations and amendments, right-of-way permits, clearing and grading permits, and other land use and engineering permits and approvals. 2.3 For those vested land use applications that do not require a public hearing prior to issuance, the County shall render a decision to approve, condition or deny applications; conduct follow-up inspections; and issue extensions or completion of extensions. 2.4 For those vested land use applications that require quasi-judicial or legislative approval or that involve administrative appeals, the County shall prepare a report and recommendation to the City's designated decision-maker for a final decision. Except as provided in Section 5, the City's decision-maker shall not be a County employee. The City shall be responsible for scheduling, providing notice, conducting any public hearings or appeals and making any final decision on such applications. County staff shall attend the public hearing to testify with respect to analysis set forth in the County's report and recommendation. 2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, and construction inspection approval phases. For each of these post- preliminary review phases, the County shall prepare a recommendation for the City's designated decision maker. All final decisions on any ofthe post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation. 19 2.6 The City shall have sole discretion and responsibility on the assessment of required performance and the enforcement or release of financial guarantees required of the applicant to secure compliance with permit or development-related requirements. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. 3. Permit Renewal or Extension. The City shall have ultimate authority to determine whether or not to renew a building permit or to renew or extend a land use permit under review or issued by the County in the Annexation Areas. 4. Optional Exclusion of Particular Applications. The City or County may at any time exclude from the provisions of this Exhibit any particular permit( s) or application(s) upon providing to the County or City fifteen calendar days advance written notice. Upon excluding any permit or application from review under this Exhibit, the County shall transmit the file to the City and the City shall assume responsibility for all further processing of such permit(s) or application(s). 5. Optional Hearing Examiner Review. Notwithstanding any other provision in this Exhibit, upon written request by the City, the County may agree to have the King County Hearing Examiner conduct public hearings or appeals on behalf of the City for particular land use or building permit applications. Decisions regarding whether to utilize the County Hearing Examiner for appeal or hearing recommendations or decisions shall be made by the City and County on a case by case basis. 6. SEP A Compliance. 6.1. In order to satisfy the procedural requirements of the State Environmental Policy Act ("SEP A"), the County shall serve as lead agency for all applications processed by the County pursuant to this Exhibit. 6.2 Except as provided in Section 5 hereof, appeals from SEP A threshold determinations and other SEP A matters relating to projects within the City shall be heard by the City. 7. Permit Condition and Code Enforcement. 7.1. Enforcement of Code Requirements. Within sixty days following the date the annexation becomes effective, the County shall provide the City with a list and brief explanation of all Annexation Areas code enforcement cases under review by the County at the time of annexation and shall provide file documents to the City upon request. 7.2 The City shall be responsible for undertaking any code enforcement actions following the date of annexation. 8. Fees and Reimbursement. 20 8.1 In order to cover the costs of processing building and land use permit applications and performing SEP A review in accordance with the terms of this Exhibit, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances, which shall be adopted by the City and as may be modified at some future date by the County and the City. 8.2 For all applications upon which the County has initiated review and that are subsequently excluded from County processing or transferred to the City pursuant to the terms of this Exhibit, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 9. Duration. This Agreement shall take effect upon the effective date of the annexation and shall continue in effect for a period of five years thereafter, unless otherwise terminated or extended. Either party may terminate this Exhibit upon providing at least one hundred and twenty days (120) days written notice to the other party. The Exhibit may be extended as provided in Section 11. 10. Termination Procedures. Upon termination of this Exhibit, the County shall cease further processing, enforcement, and related review functions with respect to applications it is processing under this Exhibit. The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building-related applications within the Annexation Areas. Upon transfer, the City shall be responsible for notifying affected applicants that it has assumed all further processing responsibility. 11. Extension. Pursuant to a mutual agreement between the parties, this Exhibit may be extended for five additional years or for a lesser agreed upon period. In order to extend the otherwise applicable termination date of this Exhibit, the City shall make a written request to the County not less than sixty (60) days prior to the otherwise applicable termination date. If the parties have not agreed to the extension in writing by the termination date, the Exhibit terminates. 12. Indemnification. 12.1 The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss', costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Exhibit. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 21 12.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Exhibit. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 12.3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 13. Personnel. Control of personnel assigned by the County to process applications under this Exhibit shall remain with the County. Standards of performance, discipline and all other aspects of performance shall be governed by the County. 14. Administration. This Agreement shall be administered by the Director of the King County Development and Environmental Services or his/her designee, and the City Planning, Building and Community Director, or his/her designee. 15. Legal Representation. The services to be provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense. 16. Defined Terms. Terms used in this Exhibit not otherwise defined shall have the meaning as set forth in the body of the Agreement. 22 Exhibit C Drainage Facilities to be Transferred to or Subject to Inspection by City of Auburn upon Annexation of Lea Hill and/or West Hill P AAs LEA HILL: Table A-1: Stormwater Conveyance System Facilities to be transferred to City Facility Address Facility Type SE 31i" Way/129'" Ave. SE (approx. location) Channel Dead Horse Canyon ravine east of Green River Community College pipe Facility Name SE 31i" Way Drainage Improvement SE 320th Tightline WEST HILL Table A-2: Stormwater Conveyance System Facility to be transferred to City Facility Address Facility Name Peasley Canyon Culvert Repair (Auburn portion - portion also in Federal Way PM) Facility Type 5100 S Peasley Canyon Rd (approx. location) Channel LEA HILL Table B-1: Commercial Stormwater Facilities to remain in private ownership, but may be inspected by City Facility Number D95157 D95478 D95480 D95481 D95482 D95483 D95495 095945 096008 D96325 D96882 D96960 097240 D97242 D97243 097251 FACILITY NAME Auburn Hills Mobile Home Park Green River CC (Maint Bldg) Green River CC (Lot A) Green River CC (W of Lot B) Green River CC (E of Lot B) Green River CC (Wastewater Train Ctr) Apostolic Church KC Fire Oist 44 Green River CC (Lot I) KC Water Dist 111 Circle "K" Store The Meadows on Lea Hill Lea Hill Elementary Gentrywalk Apartments Gentrywalk Apartments Green River Com College 23 FACILITY ADDRESS 31101 116th Ave SE 12401 SE 320th St 12401 SE 320th St 12401 SE 320th St 12401 SE 320th St 12401 SE 320th St 5220 S 305th St 31206 124th Ave SE 12401 SE 320th St 28502 124th Ave SE 31207 124th Ave SE 12525 SE 312th St 30908 124th Ave SE 12725 SE 312th St 12725 SE 312th St 12401 SE 320th St D97427 D97429 D97447 D97528 097529 D97981 race Lutheran Church 31317 124th Ave SE er CC (Student Ctr) 12035 SE 320th St nior High 30620 116th Ave SE lace Mobile Home Court 31600 126th Ave SE ace Mobile Home Court 31600 126th Ave SE i1lage Townhomes 12100 SE 312th St rcial Stormwater Facilities to remain in private y be inspected by City FACILITY NAME FACILITY ADRESS Hill Elementary School 5830 S 300th St Chase Townhomes 31306 121st Ln SE idge Estates 29620 55th PI S ater Facilities Serving Residential Development to be FACILITY ADDRESS ACILlTY NAME Addition 11404 82nd PI S II Estates 12005 SE 316th St Oiv 1 5300 S 296th St ge 31809 126th Ave SE 5125 S 302nd PI ista 10611 SE 291st St #4 30014 58th PI S #5 5609 S 297th St 1&2 6117 S 296th Ct est 5146 S 288th St ew 31636 122nd Ave SE ghts 6361 S 298th PI reen North 11822 SE 322nd St reen North 32214 116th Ave SE North I & II 29208 55th Ave S k Place 31400 118th Ct SE k Place 31410 117th PI SE er Estates 116th SE & SE 321st St er Estates 11825 SE 321st PI 24 Family of G Green Riv Rainier Ju College P College PI Campus V WEST HILL Table B-2: Comme ownership, but ma Facility Number 098200 D98750 OT0051 Meredith Country Cedar R LEA HILL Table C-1: Stormw Transferred to City Facility Number 090135 090170 090307 090380 D90472 D90752 091105 D91133 091246 091407 D91410 091523 D91534 091535 091565 D91635 091636 D91679 091680 F Townsend College Hi Hillis Hills Rainier Rid Grand Firs East Hill V Hillis Hills Hillis Hills Park Ridge Hillcrest W College Vi Bristol Hei College G College G Park Place Sunnybroo Sunnybroo Green Riv Green Riv 091862 091863 091864 091865 D91866 092064 092141 D92167 092180 D92190 092199 092200 D92217 D92249 D92294 D92295 092314 092316 092460 092535 092536 092537 D92578 092601 092608 092618 092622 092639 092640 092650 092651 092659 092665 092666 D92666 D92669 D92704 D92714 092715 092718 092785 D92817 092819 D92834 D92837 092838 Willow Park Willow Park Willow Park Willow Park Willow Park Rainier Ridge Oiv 2 McConnell SP 1080026-27 Green Meadows South Rainier Shadows 2 Phase 1 Mulberry Lane Cimarron Place Windsor Place Rainier Shadows 2 Phase 2 Young SP S0388007 Carrington Bluff Carrington Bluff Hagadorn Park Hamilton Park Goodwin SP Ridge at Willow Park Ph 2 Ridge at Willow Park Ph 1 Tr B Ridge at Willow Park Ph 1 Tr C Wicklund SP L97 S0023 Crystal Meadows Green Wood Lane Auburn West KCSP 278048 (Edlund) Ouberry Hill Phase 1 Ouberry Hill Phase 1 Carrington Meadows Tr B Carrington Meadows Tr C Pacific Ridge Peasley Ridge Peasley Ridge Peasley Ridge Hillcrest East II, Tr A Canterbury Crossing Crystal Court AAA 2YR BOND Flora Park Hazelwood Crest Tr B AAA 2YR BOND Kendall Heights Alpine Meadows AAA 2YR BOND Cedar Ridge Estates AAA 2YR BOND River Rim AAA 2YR BOND Meadowfield Ridge Tract G AAA 2YR BOND Meadowfield Ridge Tract C 25 30600 124th Ave SE 30600 124th Ave SE 12600 S E 306th St 127th PI SE & SE 307th St 12500 SE 307th St 12729 SE 318th Wy 5402 S 321st St 12309 SE 316th St 12801 SE 307th PI 11517 SE 307th PI 30801 116th Ave SE 31600 117th Ave SE SE 309th PI & 130th Ave SE 5921 S 295th PI. 112'h Ave SE & SE 30151 Wy 11500 SE 301st PI 12900 SE 306th Ct 31500 121st PI SE 29320 112th Ave SE 30031 129th Ave SE 12610 SE 304th St 30000 124th Ave SE 10700 SE 293rd St 12124 SE 303rd Ct 30302 51st Ave S 5899 S 294th St 5611 S 321 st St 29XX 12th PI SE 12441 SE 299th PI 11201 SE 2991h PI 298XX 114th Wy SE 11200 SE 306th PI 32000 53rd PI S 32001 52nd Ave S 32001 52nd Ave S 29118 53rd PI S 5494 S 320th St 31920 116th Ave SE 129XX SE 305th PI 30802 116th Ave SE 11702 SE 310th St 5646 S 295th PI 29620 55th PI S 10621 SE 290th St 54 XX S 296th St 294XX 54th Ct S WEST HILL Table C-2: Stormwater Facilities Serving Residential Development to be Transferred to City Facility Number 092608 092618 092622 D92639 092640 092650 092651 092659 D92665 092666 092666 D92669 092704 092714 D92715 092718 092785 092817 D92819 D92834 D92837 D92838 FACILITY NAME Green Wood Lane Auburn West KCSP 278048 (Edlund) Ouberry Hill Phase 1 Ouberry Hill Phase 1 Carrington Meadows Tr B Carrington Meadows Tr C Pacific Ridge Peasley Ridge Peasley Ridge Peasley Ridge Hillcrest East II, Tr A Canterbury Crossing Crystal Court AAA 2YR BOND Flora Park Hazelwood Crest Tr B AAA 2YR BONO Kendall Heights Alpine Meadows AAA 2YR BONO Cedar Ridge Estates AAA 2YR BOND River Rim AAA 2YR BOND Meadowfield Ridge Tract G AAA 2YR BONO Meadowfield Ridge Tract C 26 FACILITY ADRESS 30302 51st Ave S 5899 S 294th St 5611 S 321 st St 299XX 127th PI SE 12441 SE 299th PI 11201 SE 299th PI 298XX 114th Wy SE 11200 SE 306th PI 32000 53rd PI S 32001 52nd Ave S 32001 52nd Ave S 29118 53rd PI S 5494 S 320th St 31920 116th Ave SE 129XX SE 305th PI 30802 116th Ave SE 11702 SE 310th St 5646 S 295th PI 29620 55th PI S 10621 SE 290th St 54XX S 296th St 294XX 54th Ct S Exhibit D Drainage Facility and Related Property Interests to be Transferred to the City For Lea Hill 1. Drainage Related Lands held by King County and Described as Follows: TRACTS E AND J, CARRINGTON BLUFF DIV 1, as per plat recorded in Volume 171 of Plats, pages 024 through 029, records of King County, Washington. (Tax Acc't. 140290-0760 and 140290-0770) TRACTS Band C, CARRINGTON MEADOWS, as per plat recorded in Volume 204 of Plats, pages 023 through 027, records of King County, Washington. (Tax Acc't. 140295-0570 and 140295-0580) TRACT A, CEDAR HOLLOW, as per plat recorded in Volume 176 of Plats, pages 078 through 079, records of King County, Washington. Subject to the terms, covenants and restrictions as contained in recorded Lot Line Adjustment 20000321900006. (Tax Acc't. 144611-0140) TRACT A, COLLEGE VIEW, as per plat recorded in Volume1 05 of Plats, pages 060 through 061, records of King County, Washington (Tax Acc't. 168520- 0200) TRACTS BAND C, CRYSTAL COURT, as per plat recorded in Volume 209 of Plats, pages 025 through 026, records of King County, Washington. (Tax Acc't. 186456-0150 and 1864560160) TRACT C, CRYSTAL MEADOWS, as per plat recorded in Volume 194 of Plats, pages 066 through 067, records of King County, Washington. (Tax Acc't. 186500-0290) TRACTS 0 and Q, DuBERRY HILL, as per plat recorded in Volume 194 of Plats, pages 006 through 014, records of King County, Washington. (Tax Acc't. 211100-0980, 211100-1000) TRACT S, DUBERRY HILL, as per plat recorded in Volume 194 of Plats, pages 066 through 067, records of King County, Washington. (Tax Acc't. 211101- 1120) TRACT Y, DUBERRY HILL PHASE 2, as per plat recorded in Volume 201 of Plats, pages 018 through 025, records of King County, Washington. (Tax Acc't. 211101-1160) 27 TRACT A, EAST HILL VISTA, as per plat recorded in Volume 120 of Plats, pages 056 through 057, records of King County, Washington. (Tax Acc't. 216155-0090) TRACT A, FLORA PARK, as per plat recorded in Volume 209 of Plats, pages 075 through 078, records of King County, Washington (Tax Acc't. 258250- 0130) TRACT A, GREEN MEADOWS SOUTH, as per plat recorded in Volume 167 of Plats, pages 046 through 048, records of King County, Washington. (Tax Acc't. 288795-0160) TRACT A, GREEN RIVER ESTATES, as per plat recorded in Volume 154 of Plats, pages 036 through 039, records of King County, Washington. (Tax Acc't. 289065-0430) TRACT A, HAGADORN PARK, as per plat recorded in Volume 174 of Plats, pages 075 through 077, records of King County, Washington. (Tax Acc't. 299100-0410) TRACTS D and E, HAMILTON PARK, as per plat recorded in Volume 168 of Plats, pages 058 through 060, records of King County, Washington. (Tax Acc't. 305670-0170 and 305670-0180) TRACT 8, HAZELWOOD CREST, as per plat recorded in Volume 199 of Plats, pages 028 through 029, records of King County, Washington. (Tax Acc't. 320440-0320) TRACT C, D, G, Hand J, KENDALL HEIGHTS, as per plat recorded in Volume 199 of Plats, pages 017 through 021, records of King County, Washington. (Tax Acc't. 381480-0320, 381480-0330, 381480-0340, 381480-0350, 381480-0360) TRACTS A and E, KINGSLEY MEADOWS, as per plat recorded in Volume 219 of Plats, pages 019 through 023, records of King County, Washington. (Tax Acc't. 387659-0570 and 387659-0600) TRACT A, LEEANN MEADOWS as per plat recorded in Volume 206 of Plats, pages 080 through 083, records of King County, Washington. (Tax Acc't. 425020-0200) TRACT E, MARCHINI MEADOWS AT LEA HILL, as per plat recorded in Volume 227 of Plats, pages 079 through 083, records of King County, Washington. (Tax Acc't. 513780-0760) TRACTS C, D AND E, PACIFIC RIDGE, as per plat recorded in Volume 177 of Plats, pages 029 through 031, records of King County, Washington. (Tax Acc't. 660078-0140, 660078-0150, 660078-0160) TRACT A, RAINIER RIDGE DIVISION NO.1, as per plat recorded in Volume 116 of Plats, pages 001 through 003, records of King County, Washington. (Tax Acc't. 713790-1040) 28 TRACT A, RAINIER RIDGE DIVISION NO.2, as per plat recorded in Volume 164 of Plats, pages 064 through 066, records of King County, Washington. (Tax Acc't. 713791-0390) TRACTS D AND E, RAINIER SHADOWS, as per plat recorded in Volume 167 of Plats, pages 049 through 053, records of King County, Washington. (Tax Acc't. 713795-0790 and 713795-0800) TRACT C, RAINIER SHADOWS 2, PHASE 1, as per plat recorded in Volume 165 of Plats, pages 093 through 096, records of King County, Washington. (Tax Acc't. 713796-0480) TRACT B, RIDGE AT WILLOW PARK, as per plat recorded in Volume 182 of Plats, pages 045 through 050, records of King County, Washington. (Tax Acc't. 730040-0950) TRACT A, RIVER RIM, as per plat recorded in Volume 227 of Plats, pages 021 through 023, records of King County, Washington. (Tax Acc't. 733080-0120) TRACT A, SERAMONTE, as per plat recorded in Volume 232 of Plats, pages 004 through 008, records of King County, Washington. (Tax Acc't. 769537-0320) Tract A, KING COUNTY SHORT PLAT 381011, recorded under file number 8205030634 and defined as follows: the east half of the north two thirds of the east half of the west two thirds of the south three fourths of the northwest quarter of the southeast quarter of Section 32, Township 22 North, Range 5 East, W.M.; Less County Road (SE 281st Street); LESS that portion thereof lying north of said County Road (SE 281 st Street) Being Lot NO.1 of King County Short Plat 674015, recording No. 7512240440 Subject to and together with easements and rights as recorded under Auditor's File # 7510060512,7706160631,7510090056 and 7511070089; and also subject to restrictions, conditions and covenants as recorded under Auditor's File # 8204210466. NOTE: easements shown on the map page of this short plat shall be maintained, repaired and/or rebuilt by the owners of the parcels having legal access therefrom and their heirs, assigns or successors, unless and until such roads are improved to King County standards and are dedicated and accepted by King County for maintenance. (Tax Acc't. 322205-9174) TRACT B, KING COUNTY SHORT PLAT 381012, recorded under file number 8205030635 and defined as follows: The south half of the west half of the north two thirds of the east half of the west two thirds of the south three fourths of the Northwest Quarter of the Southeast Quarter of Section 32, Township 22 North, Range 5 East, W.M. Being Lot NO.3 of King County Short Plat 674015, recording No. 7512240440 Subject to and together with easements and rights as recorded under Auditor's File # 7510060512, 7706160631, 7510090056 and 7511070089; and also subject to restrictions, conditions and covenants as recorded under Auditor's File # 8204210467. NOTE: easements shown on the map page of this short plat shall be maintained, repaired and/or rebuilt by the owners of the parcels having legal access therefrom and their heirs, assigns or successors, unless and until such roads are 29 improved to King County standards and are dedicated and accepted by King County for maintenance. (Tax Acc't. 322205-9175) TRACT C, KING COUNTY SHORT PLAT L97S0023, as filed under recording number 20001205900009 (Tax Acc't. 052105-9175) TRACT F, KING COUNTY SHORT PLAT L04S0011, filed under recording number 20050302900001. Said short plat defined as follows: Lot 2 of King County Short Plat 1081032 recorded under 8202220538, said short plat being a portion of the west one half of the southeast quarter of the southwest quarter of Section 4, Township 21, Range 5 (Tax Acc't. 042105-9095) TRACT D, SUNNY BROOK PLACE, as per plat recorded in Volume 148 of Plats, pages 064 through 066, records of King County, Washington. (Tax Acc't. 809700-0420) TRACT A, SUNSET MEADOWS, as per plat recorded in Volume 198 of Plats, pages 039 through 042, records of King County, Washington. (Tax Acc't. 813350-0180) That portion of Lot B, King County boundary Line Adjustment No. L99L0028 Storm drainage tract described as follows: commencing at the most northerly corner of said lot B and proceeding along the Westerly margin of 132nd Ave SE South 00013'40" East 544.80 feet to the TRUE POINT OF BEGINNING, THENCE continuing along said Westerly margin South 00013'40" East 145 feet to a point of curvature, THENCE along a curve to the right having a radius of 25.00 feet and a central angle of 90000'00" along an arc distance of 39.27 feet, THENCE South 89046'20" West 75.00 feet, THENCE North 00013'40" West 170.00 feet, THENCE North 89046'20" East 100.00 feet to the TRUE POINT OF BEGINNING. (Tax Acc't. 042105-9084) VINTAGE HILLS VI, as per plat recorded in Volume 218 of Plats, pages 071 through 075, records of King County, Washington. (Tax Acc't. 894671-0630) 2. All drainage easements dedicated to King County or the public in the following recorded plats: Drainage easement filed under recording number 20020904000434 Drainage easements filed under recording number 20050302900001 3. The following declarations of covenant: Declarations of Covenant filed under recording number1999021 01895 Declarations of Covenant filed under recording number 20021119001587 Declarations of Covenant filed under recording number 20030418001870 30 Declarations of Covenant filed under recording number 20040820001197 Declarations of Covenant filed under recording number 20041025001329 Declarations of Covenant filed under recording number 20050419000725 Declarations of Covenant filed under recording number 20051006001561 Declarations of Covenant filed under recording number 20060830001276 Declarations of Covenant filed under recording number 20060213001408 Declarations of Covenant filed under recording number 20060216001322 For West Hill 1. Drainage Related Lands held by King County and Described as Follows: TRACT D, ALPINE MEADOWS, as per plat recorded in Volume 221 of Plats, pages 039 through 042, records of King County, Washington (Tax Acc't. 019265-0170) FI LE 31 PARCEL 26 the West 100 feet of the South 120 feet of the following described parcel: That portion of the Southeast Quarter of the Northwest quarter, of Section 2, Township 21 North, Range 4 East, W.M., King County, Washington, described as follows: Beginning at a point 340 feet West and 20 feet North of the Southeast corner of said subdivision, thence North 310 feet, thence West 320 feet, more or less to the West line of the East Half of said subdivision, thence South 310 feet, thence east 320 feet to the Point of Beginning, Except Roads. Situate in the County of King, State of Washington. (T ax Acc't. 0221 04-9221 ) TRACT A, AUBURN WEST, as per plat recorded in Volume 189 of Plats, pages 069 through 071, records of King County, Washington. (Tax Acc't. 030410-0170) TRACT A, CEDAR RIDGE ESTATES, as per plat recorded in Volume 214 of Plats, pages 011 through 014, records of King County, Washington. (Tax Acc't. 146090-0150) TRACT A, GREEN WOOD LANE, as per plat recorded in Volume 191 of Plats, pages 053 through 056, records of King County, Washington. (Tax Acc't. 289555-0340) TRACT A AND B, HILLCREST EAST II, as per plat recorded in Volume 202 of Plats, pages 071 through 073, records of King County, Washington. (Tax Acc't. 332681-01301and 332681-0140) 31 TRACT B, HILLCREST WEST, as per plat recorded in Volume 134 of Plats, pages 085 through 087, records of King County, Washington (Tax Acc't. 332850- 0570) TRACT A, HILLIS HILLS DIV. #1 as per plat recorded in Volume 120 of Plats, pages 087 through 090, records of King County, Washington. (Tax Acc't. 332950-0760) TRACT B, HILLIS HILLS No.4, as per plat recorded in Volume 130 of Plats, pages 074 through 076 , records of King County, Washington. (Tax Acc't. 332953-0770) TRACTS C and G, MEADOWFIELD RIDGE, as per plat recorded in Volume 219 of Plats, pages 015 through 018, records of King County, Washington. (Tax Acc't. 541900-0150 and 541900-0170) TRACT A, PARK PLACE NORTH, as per plat recorded in Volume 144 of Plats, pages 012 through 015, records of King County, Washington. (Tax Acc't. 664877-0330) PARK RIDGE AND PARK RIDGE Phase II, as per plat recorded in Volume 139 of Plats, pages 001 through 005, records of King County, Washington. (Tax Acc't. 664925-0650) TRACT 0, PEASLEY RIDGE, as per plat recorded in Volume 201 of Plats, pages 066 through 071, records of King County, Washington. (Tax Acc't. 669930- 0560) 32 Exhibit E AFTER RECORDING RETURN TO: City of Auburn, Washington QUIT CLAIM DEED GRANTOR - KING COUNTY GRANTEE - CITY OF Auburn LEGAL - - TAX NO. - N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF AUBURN, a municipal corporation of the State of Washington, those certain real property interests, as legally described in Exhibit A, attached hereto and made a part of this Deed together with any after-acquired title which the Grantor may acquire. Dated this day of ,200_. KING COUNTY, WASHINGTON BY TITLE STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 33 Exhibit F Greenbelt Properties (located in Lea Hill) CRESTVIEW TRS NO.3, as per plat recorded in Volume 074 of Plats, page 009, records of King County, Washington. SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 196308155624377 (Tax Acc't. 184160-0350) 34 Exhibit G Auburn Potential Annexation Areas Police Services Transition Plan (Ihe text below provides for no continued service delivery by the sheriff after annexation. If a transitional service contract for sheriff services after annexation is negotiated, it would be inserted here as Exhibit H). A. Effective Date: Effective Date of the Annexation Areas Annexation B. Desired outcomes 1. The King County Sheriff s Office ("KCSO") and City of Auburn ("City") share a goal to work together to ensure that the transition is conducted in a professional manner, and that there are no breaks in service for the residents of the Annexation Areas. C. Roles and responsibilities 1. The KCSO Contracts Unit is responsible for: a. Facilitating the transition process. b. Ensuring that all transition elements are addressed and completed. c. Working with Precinct Three (for both Lea Hill and West Hill) to address operational components of change. d. Working with non-precinct KCSO units to ensUre smooth transition. e. Serving as primary contact for City of Auburn. 2. The KCSO Precinct Three (for both Lea Hill and West Hill) is responsible for: a. Ensuring the operations are smoothly transitioned, including sharing of crime information as requested by the City. 3. The City, including its police department, is responsible for: a. Ensuring that the police department is able to provide service in the Annexation Areas beginning on the effective dates of the annexations. b. Determining the information needed from the KCSO regarding crime, detective cases, or other law enforcement activities. c. Requesting the information identified above in a timely manner. D. Workload 1. Records a. The KCSO will retain all original records for events happening before the effective annexation date in accordance with state records retention schedules. KCSO will provide copies of the records upon written request from the City Police Department, following KCSO protocols. 2. Fingerprinting and Concealed Weapons Permits a. Auburn residents can continue to receive these services at KCSO locations, or may go to the City Police for these services. 3. Sex offender tracking, contacts, and notifications 35 a. From and after the effective date of the annexation, the City will become responsible for holding community meetings for any sex offenders living in the Annexation Areas, with the exception of already-scheduled meetings. Further, the City will be responsible for all legally mandated contacts and monitoring. The KCSO retains responsibility for sex offender registration in accordance with applicable statutes. 4. Investigations a. KCSO detectives will continue to handle all investigations that are active at the date of annexation, unless otherwise negotiated with the city. At the City's request, the KCSO will arrange for an information exchange with City detectives in order to pass on information regarding any cases that Auburn will investigate. Investigation of criminal matters occurring from and after the date of annexation will be the responsibility ofthe City. E. Emergency 9-1-1 Services (Communication & Dispatch) 1. City Police will be responsible for ensuring that their communications and dispatch services are prepared to take calls from the Annexation Areas beginning on the effective dates of the annexations. This includes arranging for such 9-1-1 calls to be directed to the proper communications center. 2. The KCSO and the E-911 Program Office will be responsible for discontinuing KCSO communication and dispatch service to the Annexation Areas on the effective dates ofthe annexations. The KCSO and the E-911 Program Office will assist the City's communications service in making the switch, with the City having primary responsibility. City Police will provide the E-9l1 Program Office with at least 30 days advance notice of the anticipated effective date of the annexation to allow sufficient time for the E- 911 Program Office and Qwest to process E-911 database changes before the effective date of the annexations. F. Notification to affected units 1. The KCSO Contracts Unit will notify all KCSO units ofthe annexations, and will work with them to resolve any concerns. 36