HomeMy WebLinkAbout3249 RESOLUTION NO. 3 2 4 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY C)F AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PREANNEXATION AGREEMENT BETWEEN PIERCE COUNTY
AND THE CITY OF AUBURN RELATING TO THE CONSTRUCTION OF
REGIONAL iNFRASTRUCTURE AND FACILITIES FOR THE PROPOSED
LAKE TAPPS PARKWAY DEVELOPMENT.
WHEREAS, the City of Auburn has officially designated its Urban Growth
Area (UGA) within Pierce County, and
WHEREAS, the Auburn UGA has also been officially recognized by the
Pierce County Comprehensive Plan and by agreements with the Cities of
Sumner and Bonney Lake, and
WHEREAS, the City of Auburn has preannexation agreements with the
developers of Lakeland Hills and Terrace View which provide the City with
Power of Attorney to initiate annexations, and
WHEREAS, the City of Auburn has initiated an annexation action that is
pending before the Pierce County Boundary Review Board; and
WHEREAS, said annexation petition is being held in abeyance at the
request of Pierce Coun{y to give the parties an opportunity to develop an
intedocal agreement that defines responsibilities with regard to financing,
design, construction and maintenance of the Lake Tapps Parkway which will
provide access to the UGA and unincorporated areas to the east; and
Resolution No. 3249
August 29, 2000
Page 1
WHEREAS, the parties have negotiated a Preannexation Agreement that
limits the City's financial commitment to $500,000, results in Pierce County's
support for annexations within the UGA and resolves other, related matters; and
WHEREAS, the City has entered into a concurrent agreement with
Tucci/Evergreen, the developers of Lakeland Hills, to construct the City's
portion of the Lake Tapps Parkway for a $500,000 reduction in Traffic Mitigation
Fees required under the "Lakeland Annexation and Utilities Agreement."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute the Preannexation Agreement Between Pierce County
and the City of Auburn Relating to the Construction of Regional Infrastructure
and Facilities of the Lake Tapps Parkway between the City of Auburn and
Pierce County. A copy of said Agreement is attached hereto, denominated as
Exhibit "1" and is 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 directires of
this legislation.
DATED this 5th day of September, 2000.
Resolution No. 3249
August 29, 2000
Page 2
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
~SkalTI,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3249
August 29, 2000
Page 3
PREANNEXATION AGREEMENT
BETWEEN PIERCE COUNTY AND THE CITY OF AUBURN
RELATING TO
THE CONSTRUCTION OF REGIONAL INFRASTRUCTURE AND FACILITIES
THIS AGREEMENT, made pursuant to RCW Chapter 39.34, is made and entered into
this ~ day of ~0~fY~I~-Q,_, 2000 by and between PIERCE COUNTY (hereinafter, the
County), a political subdivision of the State of Washington, and the CITY OF AUBURN
(hereinafter, the City), a municipal subdivision of the State of Washington.
WHEREAS, the Pierce County Council adopted the Pierce County Transportation Plan
in December, 1992, by passage of Ordinance 92-147, to identify transportation needs and
services throughout the County, and the Transportation Plan recommends new arterial
connections in the North Lake Tapps area as "Premier Priority Projects"; and
WHEREAS, the Pierce County Council established the North Lake Tapps Corridor
(hereinafter, the Corridor) in June, 1994, by passage of Ordinance 94-73, thereby establishing a
new County arterial and connecting roads from 8th Street East, in the vicinity of the White River
Bridge No. 1204-A, to 9th Street East, in the vicinity of 182nd Avenue East; and
WHEREAS, the City adopted a map detailing its Potential Annexation Areas/Urban
Growth Areas in 1991 and reconfirmed these boundaries in its 1995 Growth Management Act
Comprehensive Plan, and
WHEREAS, the City has begun the phased annexation of a portion of unincorporated
Pierce County in Sections 5 and 6, Township 20 North, Range 5 East, Willamette Meridian
(hereinafter, the annexation area); and
WHEREAS, Henderson Development, Inc. (a.k.a., The Lakeland Company) was the
owner of real property in Pierce County located within the vicinity of the Corridor alignment and
obtained approval from the Pierce County Hearing Examiner effective June 22, 1993 to develop
the Lakeland Residential Planned Development District (hereinafter, the Lakeland PDD), subject
to conditions; and
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WHEREAS, the City of Auburn and the Lakeland Company have formally entered into
an agreement known as the "First Amendment to the Lakeland Annexation and Utilities
Agreement" that defines development standards, traffic and other mitigation between the two
parties, conditions of approval and other substantive and procedural elements of the relationship
between the parties, their successors, and assigns, and
WHEREAS, the Pierce County Council established a name for the new County arterial,
Lake Tapps Parkway East (hereinafter, the LTPE), in April 1995 by passage of Ordinance No.
95-18; and
WHEREAS, the Lakeland Residential Planned Development District Mitigation
Agreement (hereinafter, the Mitigation Agreement) between Pierce County and Henderson
Development, Inc. was _signed on May 30, 1995 by the Pierce County Executive and the president
of Henderson Development, Inc., and
WHEREAS, the Pierce County Hearing Examiner approved on March 1, 1996 a Major
Amendment to the Lakeland PDD, including approval of the Mitigation Agreement between
Henderson Development, Inc. and Pierce County; and
WHEREAS, the Lakeland PDD has been sold by Henderson Development Inc. to
Evergreen Tucci Partners, LLC, a limited liability company (hereinafter, ETP), and ETP has
assumed all responsibilities and liabilities of the Mitigation Agreement in accordance with the
Mitigation Agreement and all responsibilities and liabilities of the "First Amendment to the
Lakeland Annexation and Utilities Agreement" with the City of Auburn; and
WHEREAS, ETP and the City of Auburn have agreed to a "Second Amendment to the
Lakeland Annexation and Utilities Agreement" in which ETP will provide the northerly two
lanes of Lake Tapps Parkway East between the South Access Ramp and Lakeland Hills Way
East; and
WHEREAS, ETP is obligated to the construction or funding of specific transportation
improvements along 8th Street East and the Lake Tapps Parkway East corridor in accordance
with the Mitigation Agreement; and
WHEREAS, Terrace View is the owner of certain real property generally located in the
northeast quadrant of the intersection of East Valley Highway E and 8tn Street E in Pierce
County, Washington; and
WHEREAS, Terrace View intends to develop the Terrace View property into a mixed-
use development of commercial and residential units known as Terrace View Park; and
WHEREAS, Terrace View has prepared and issued a Draft and Final Environmental
Impact Statement for Terrace View Park which identifies traffic impacts on the County's
transportation system and related mitigation for those impacts; and,
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WHEREAS, Pierce County has successfully acquired Transportation Improvement
Account (TIA) grants from the State Transportation Improvement Board (TIB) in the amount of
$7,352,000 for construction of specific transportation projects along the Lake Tapps Parkway
East corridor; and
WHEREAS, the Pierce County 2000-2005 Transportation Improvement Program
identifies specific funding and transportation projects along 8th Street East and the Lake Tapps
Parkway East corridor; and
WHEREAS, Pierce County, ETP, and the TIB have developed a cooperative approach to
the development and construction of projects along 8th Street East and the Lake Tapps Parkway
East corridor; and
WHEREAS, preliminary engineering, fight of way acquisition, and construction are
currently underway for projects along 8th Street East and the Lake Tapps Parkway East corridor;
and
WHEREAS, the City of Auburn has successfully negotiated interlocal agreements with
the Cities of Sumner, Pacific and Bonney Lake that define its collective, ultimate boundaries and
Pierce County has recognized the Auburn UGA in it's Comprehensive Plan, in accordance with
the Growth Management Act, and
WHEREAS, all of the area in which the Lakeland PDD and a portion of the area in
which the Lake Tapps Parkway East are located is within the UGA of the City of Auburn; and
WHEREAS, the County and the City of Auburn find it in the public interest to
coordinate their efforts in a cooperative partnership to insure the orderly and consistent
construction, maintenance, and use of the regional infrastructure and facilities as stated herein.
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WITNESSETH
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NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions,
I performances, and promises hereinafter contained, the parties hereto agree as follows:
SECTION 1.0 PURPOSE
I The County and the City agree it is in the public interest to coordinate their efforts in a
cooperative partnership to insure the orderly and consistent design, construction, maintenance,
I and use of the regional infrastructure and facilities as stated herein. The purpose of this
Agreement is to identify specific agreements and responsibilities in regard to jurisdiction, access,
eminent domain, funding, design standards, maintenance, and use of the regional infrastructure
I and facilities as stated herein. This Agreement provides that the County will assume
responsibility for design, ROW acquisition and construction of Lake Tapps Parkway East, except
as provided herein. The County further agrees that all improvements will be constructed in a
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manner consistent with environmental and design standards in effect at the time of construction.
The City agrees to provide a share of the funding for the improvements as provided herein and to
own and maintain improvements and certain other facilities upon annexation as defined in this
Agreement, all of which must be constructed in accordance with adopted plans as defined herein
and accepted by the County, as specified in this Agreement.
SECTION 2.0 ANNEXATION AREAS AND RESPONSIBILITIES
It is understood by the parties that this Agreement will facilitate additional annexations of
land within the Aubum UGA by the City, and that upon entering this agreement, the Pierce
County Executive agrees to support the annexations as identified herein. The City agrees it will
annex, at a minimum and at one time, all properties west of the Lakeland/Pinacles property line
to the City' s westerly UGA and north of the City's UGA line to the City's existing City limits,
except as graphically identified on attached Exhibit "A."
SECTION 3.0 REGIONAL INFRASTRUCTURE AND FACILITIES
The regional infrastructure and facilities covered by this Agreement include the design,
right-of-way acquisition, and construction of the following: (1) the southerly three lanes of Lake
Tapps Parkway East (LTPE) from the South Access Ramp to Lakeland Hills; (2) the South
Access Ramp from the intersection with LTPE to East Valley Highway E (EVHE); (3) the LTPE
bridge over EVHE and the BNSF railroad tracks from 8th Street E to the intersection with the
North Access Ramp; (4) LTPE from the intersection with the North Access Ramp to the South
Access Ramp and the North Access Ramp from the intersection with LTPE to EVHE; (5)
pedestrian and bicycle facilities along LTPE from 8th Street E to Sumner Tapps Highway E
extension, along Sumner Tapps Highway E extension from LTPE to 16th Street E, and along
EVHE from the North Access Ramp to the South Access Ramp; (6) EVHE from the North
Access Ramp to the South Access Ramp; (7) LTPE from Lakeland Hills Way to the intersection
with the Sumner Tapps Highway E extension and the Sumner Tapps Highway E extension from
the intersection with LTPE to the Sumner Tapps Highway E at approximately 16th Street E; (8)
LTPE from the intersection with the Sumner Tapps Highway E extension to 182nd Avenue E; (9)
regional storm drainage facilities associated with the above projects, including areas tributary
from the Lakeland PDD and the Terrace View Park PDD; (10) the northerly two lanes of LTPE
from the South Access Ramp to Lakeland Hills Way. Refer to Exhibit "A" for an overall map
showing project limits.
SECTION 4.0 DUTIES AND RESPONSIBILITIES
The following assumes that the lead agency for the design, ROW acquisition and
construction of the facilities as listed in Section 3.0 will be the County, even if annexation by the
City of areas in which the facilities are located has already been completed. Pierce County agrees
that all improvements listed in Section 3.0, will be designed and constructed to be fully
consistent with all current County drainage and environmental standards in effect at the time of
construction. Pierce County will assure compliance with the Mitigation Agreement by ETP. The
City agrees it will cooperate with the County or ETP in the accomplishment of all the provisions
and conditions of the Mitigation Agreement. The parties to this Agreement acknowledge the
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following:
(1) The County and ETP, in accordance with the Mitigation Agreement, will design,
obtain necessary right of way, and construct the southerly three lanes of LTPE from
the intersection with the South Access Ramp to Lakeland Hills Way. The County
and ETP will be responsible for all costs associated with this project.
(2) The County and ETP, in accordance with the Mitigation Agreement, will design,
obtain necessary fight of way, and construct the South Access Ramp from the
intersection with LTPE to EVHE. The County and ETP will be responsible for all
costs associated with this project.
(3) The County will design, obtain necessary fight of way, and construct the LTPE bridge
and approaches to five lanes over EVHE and the BNSF railroad from 8th Street E to
the intersection with the North Access Ramp. The County will be responsible for all
costs associated with this project.
(4) The County will design, obtain necessary fight of way, and construct the LTPE to five
lanes from the intersection with the North Access Ramp to the South Access Ramp.
The County will be responsible for all costs associated with this project. In addition,
the County and/or Terrace View, in accordance with the Environmental Impact
Statement for Terrace View Park, will design, obtain necessary right of way, and
construct to full width the North Access Ramp from the intersection with LTPE to
EVHE. The County and/or Terrace View will be responsible for all costs associated
with this project.
(5) The County and ETP, in accordance with the Mitigation Agreement, and Terrace
View will design, obtain necessary right of way, and construct pedestrian and bicycle
facilities along LTPE from Lakeland Hills Way to 8th Street E. The County, ETP,
and Terrace View will be responsible for all costs associated with this project. In
addition, bicycle and pedestrian facilities in the form of widened curb lanes and
sidewalks will be provided on both sides of the roadway along LTPE from Lakeland
Hills Way to Sumner Tapps Highway E extension and along Sumner Tapps Highway
E extension from LTPE to 16th Street E. The County will be responsible for all costs
associated with this project. Further, bicycles and pedestrian facilities in the form of
sidewalk, a widened curb lanes, and a paved shoulder will be provided along EVHE
from the South Access Ramp to North Access Ramp. The County will be responsible
for all costs associated with this project.
(6) The County will design, obtain necessary fight of way, and reconstruct EVHE from
the North Access Ramp to the South Access Ramp. The County will be responsible
for all costs associated with this project.
(7) The County will design, obtain necessary fight of way, and construct LTPE to five
lanes from the Lakeland Hills Way to the intersection with the Sumner Tapps
Highway E extension. In addition, the County will design, obtain necessary right of
way, and construct to full width the Sumner Tapps Highway E extension from the
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intersection with LTPE to Sumner Tapps Highway E at approximately 16th Street E.
Further, the County will design, obtain necessary right of way, and construct storm
drainage facilities associated with these projects. The County will be responsible for
all costs associated with these projects. That portion of the Sumner Tapps Highway E
located south of the pipeline easement, outside the Auburn UGA, shall not become the
maintenance responsibility of the City.
(8) Both the County and City agree to cooperate on the extension of LTPE from the
intersection with the Sumner Tapps Highway E extension. The County agrees to be
the lead agency for this road segment, with responsibility for its funding, design,
ROW acquisition and construction. The primary purpose of this road segment is to
provide improved access to existing and future development located east of the
Auburn UGA. Both the County and City agree that as development occurs within
their respective jurisdictions, their impact upon the need for the LTPE extension will
be evaluated. To the extent legally permitted under applicable SEPA reviews,
subdivision requirements and impact fees, both parties agree to require land
dedication and funding towards the completion of this road segment. Both parties
further agree to cooperate on securing grants and other outside funding for the design,
right of way acquisition, and construction of this section of LTPE. In the event the
City acquires properties along the alignment of the LTPE extension, the City agrees
to dedicate, at no cost to the County, any right of way necessary for the construction
of the LTPE extension.
(9) The County and ETP, in accordance with the Mitigation Agreement, will design,
obtain necessary right of way, and construct regional storm drainage facilities
associated with the above projects located on the western side of the ridge (generally
west of Lakeland Hills Way), including areas tributary from portions of the Lakeland
PDD and Terrace View Park PDD. These facilities include: 1) the stormwater
detention ponds generally located near the South Access Ramp and LTPE; 2) the
drainage outfall line (and all appurtenances) that originates from the stormwater
detention ponds located near the South Access Ramp, proceeds generally down East
Valley Highway, and outfalls into the Puget Sound Energy tailrace; and 3) the
stormwater detention pond known as the "Trillium Pond"(and all appurtenances,
including all stormwater lines that originate west of East Valley Highway and empty
into the pond) located in the northwest quadrant of 8th Street E and East Valley
Highway E. The County and ETP will be responsible for all costs associated with
these projects. It is recognized that some of these regional storm drainage facilities
are or will be located within the City of Sumner following annexation by the City of
Sumner. The County has entered into an agreement with the City of Sumner dated
July 7, 1998 relative to jurisdiction, access, eminent domain, funding, design
standards, maintenance, and use of the regional storm drainage facilities. The
agreement is attached as Exhibit "B ." The obligations of this agreement between the
County and the City of Sumner are binding upon their heirs, successors and assigns.'
Following annexation by the City of that area described in Section 2.0, the City will
assume ownership and all maintenance and use Obligations associated with each of
those facilities as described above in 1), 2), and 3) of this Paragraph following
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construction completion and acceptance of each of these facilities by the County.
The County agrees that all such facilities shall be designed, constructed and accepted
in a manner fully consistent with all County drainage and environmental standards in
affect at the time of construction. The City agrees to work with the City of Sumner to
resolve any jurisdiction issues associated with these facilities.
(10) The City agrees to be responsible, at its expense not to exceed $500,000 for the
construction of the following work beginning in the 2000 construction season:
Construction of the northerly 2 lanes of a 5-lane major arterial with 4-foot wide
median along the ultimate alignment of Lake Tapps Parkway East from the
intersection of the South Access Ramp, approximately Station 101+00, to the
westerly curb returns of the intersection of Lakeland Hills Way East, approximately
Station 140+50, a distance of approximately 3,950 feet.
The construction shall consist of the following:
a) From approximately Station 101+00 to approximately 125+50 will include a
cement concrete barrier curb and gutter on the north side of the roadway, one
12-foot lane (measured from the edge of the gutter), one 11-foot lane
(measured to the edge of the gutter of the cement concrete barrier curb and
gutter, 9 inch) and a cement concrete barrier curb and gutter, 9 inch, on the
south side of the roadway (which will be the north side of the median).
b) From approximately Station 125+50 to approximately 129+25 will include a
cement concrete barrier curb and gutter on the north side of the roadway, one
12-foot lane (measured from the edge of the gutter), and one 11 -foot lane
adjacent to the north side of the two-way left turn lane.
c) From approximately Station 129+25 to approximately 132+75 will include a
cement concrete barrier curb and gutter on the north side of the roadway, one
12-foot lane (measured from the edge of the gutter), one 1 l-foot lane
(measured to the edge of the gutter of the cement concrete barrier curb and
gutter, 9 inch) and a cement concrete barrier curb and gutter, 9 inch, on the
south side of the roadway (which will be the north side of the median).
d) From approximately Station 132+75 to approximately 140+50 will include a
cement concrete barrier curb and gutter on the north side of the roadway, one
12-foot lane (measured from the edge of the gutter), and one 1 l-foot lane
adjacent to the north side of the two-way left turn lane.
e) Installing longitudinal conduit runs, junction boxes, and cross conduit across
the entire width of Lake Tapps Parkway East at all locations necessary to
accommodate a future street lighting system (as determined by the County).
f) Adjusting the existing drainage system (as determined by the County)
necessary for the collection, conveyance, and mitigation of surface water
runoff impacts; erosion control; and other appurtenances necessary to
construct the road in accordance with County standards.
The ultimate pavement section is anticipated to consist of 2-inch asphalt concrete
Class "A", 4-inch asphalt concrete Class "E", and 4 inches of Asphalt Treated Base.
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The final 2-inch lift of asphalt concrete Class "A" (anticipated to be done with the
paving of the Sumner Tapps Highway East), as well as all permanent pavement
markings, will be provided by Pierce County. In addition, Pierce County will be
responsible for completing the street lighting system as well as the final median and
· buffer area treatments.
The County recognizes that the City anticipates the work identified in this subsection
(10) will be constructed by ETP as mitigation to the City for the Lakeland PDD. The
mitigation obligations of ETP to the City for the Lakeland PDD are detailed in the
"Second Amendment to the Lakeland Annexation and Utilities Agreement" between
the City and ETP. The County will complete the design, environmental analysis, and
construction specifications for this project at the County's expense. The County will
supply the City and ETP with all plans and specifications necessary for the
construction of the project. Construction inspection and surveying shall be provided
for by the City, however, the County reserves the fight to inspect the project and to
make such tests as necessary to ensure compliance with specified design and
construction specifications. Field modification may be allowed to accommodate
actual field conditions, subject to the County's approval. All inspection work shall
be done under the supervision of a licensed civil engineer or surveyor, as applicable.
Weekly inspection reports will be submitted to the County in a type and manner as
specified by the County. The County reserves the right to ensure compliance with
the specified design and specifications, including a suspension of any and all work if
necessary."
SECTION 5.0 JURISDICTION AND ACCESS
Following annexation by the City, the County will retain full rights and access to perform
its responsibilities as identified in Section 4.0 of this Agreement. No City permitting or
approvals will be required for the County to perform its responsibilities, however the City will
have the fight to review and comment on the design of the facilities identified in Sections 3.0 and
4.0 of this Agreement. This Agreement constitutes right-of-entry by the City for the County to
perform the work as identified in this Agreement.
SECTION 6.0 EMINENT DOMAIN
Should annexation by the City precede acquisition by the County of the ROW necessary
for the construction of the facilities described in Sections 3.0 and 4.0, the County will act as the
City' s agent in the acquisition of properties for County-responsibility projects as identified in
Section 4.0 of this Agreement. The County will not reimburse the City for any City labor costs
associated with the County acting as the City' s agent. The City will initiate condemnation/
eminent domain procedures in a timely manner when requested by the County in order to obtain
specific properties necessary to construct the projects identified in Section 4.0 of this Agreement.
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SECTION 7.0 FUNDING
Funding for specific projects will be as identified in Section 4.0 of this Agreement.
Where County or City funding is identified, this includes all funds under the control of the
respective agency including local funds, grant funds, mitigation funds obtained from developers,
or any other funds as appropriate. Where ETP or Terrace View are identified as funding sources
in Section 4, subsections 1-9, the County is ultimately responsible for the funding.
SECTION 8.0 DESIGN AND CONSTRUCTION STANDARDS
The County will design and construct the projects for which it is responsible as identified
in Section 4.0 of this Agreement, in accordance with the Pierce County Stormwater Management
and Site Development Manual; and the Washington State Department of Transportation and the
American Public Works Association, Washington State Chapter, Standard Specifications for
Road, Bridge, and Municipal Construction, and Standard Plans (M21-01) for Road, Bridge and
Municipal Construction and the Washington State Department of Transportation Construction
Manual. The County will coordinate with the City relative to the design and construction of the
projects, however, in a dispute, the judgement of the County Engineer will be final in accordance
with Pierce County Code 17B.10.090 (a4). The County will afford the City design review and
comment throughout the design process and consider incorporation of the City' s requested
changes that do not conflict with County standards. For Aubum's franchise utilities that may be
constructed in the Corridor prior to annexation, Auburn's standards will apply pursuant to the
County franchise terms. The County agrees to warrant projects as identified herein for a period
of 18 months following completion and acceptance of the projects by the County.
SECTION 9.0 OTHER AGREEMENTS AND EASEMENTS
The City acknowledges that other agreements and easements exist between the County
and other agencies or parties within the annexation area. At the time of this Agreement, these
include agreements with the City of Sumner, dated July 7, 1998 (Exhibit "B"); Puget Sound
Energy, dated June 21, 1999 (Exhibit "C"); Terrace View Properties LLC (relative to Use of the
Trillium Regional Stormwater Facilities), dated April 6, 2000 (Exhibit "D"); two Pipe Line
Licenses with the BNSF Railway Company, each dated August 3, 1999 (Exhibits "E" and "F"); a
Construction and Maintenance Agreement with the BNSF Railway Company for the
Pedestrian/Bicycle Underpass, dated March 22, 2000 (Exhibit "G"); a Construction and
Maintenance Agreement with the BNSF Railway Company relative to the LTPE overcrossing
structure, dated (Exhibit "H"); a License and Agreement with Terrace View, dated
August 2, 1999 (Exhibit "r'); a License and Agreement with Terrace View, dated August 2, 1999
(Exhibit "J"); a Hydraulic Project Approval with the Washington Department of Fish and
Wildlife, dated November 22, 1999, (Exhibit "K"); and a License and Agreement with Puget
Sound Energy, dated May 22, 2000, (Exhibit "L"). The following provisions also apply:
A. If the agreement with the BNSF relative to the LTPE overcrossing structure (Exhibit "H") has
not been completed between the County and the BNSF at the time this Agreement is signed,
the County and City agree to amend this Agreement to include it at the time the agreement
between the County and the BNSF is completed and signed.
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B. In the event the City assumes any financial obligation for modification of the existing traffic
bearing bridge which crosses over the Puget Sound Energy tailrace 'laying within the
easement for 148th Avenue East as a result of the agreement with Puget Sound Energy, dated
June 21, 1999 (Exhibit "C"), the County agrees to share in the cost, at a ratio of 50 percent
City and 50 percent County. The City agrees to limit the discharge rate from the drainage
outfall into the Puget Sound Energy tailrace to 45 cubic feet per second.
C. The City acknowledges and agrees that the explicitly defined obligations of the County under
the agreements outlined in the foregoing will become obligations of the City for those
facilities as explicitly identified in Sections 3.0 and 4.0 that have been constructed and
accepted by the County and that are either located within the area identified in Section 2.0 or
support the area identified in Section 2.0. Auburn will assume such obligations upon
annexation of the area identified in Section 2.0.
D. The City and County agree that the Mitigation Agreement is not being assigned to the City.
E. Easements for facilities associated with the agreements outlined above within and outside of
the Auburn City limits will be transferred from the County to the City at the time the City
assumes ownership and all maintenance and use obligations associated with each of the
respective facilities.
F. The County agrees that any funds assigned to it under Section 4 of the agreement with
Terrace View Properties LLC (Exhibit "D") will be assigned to the City upon execution of
this Agreement and annexation by the City of the area identified in Section 2.0.
SECTION 10.0 COORDINATION WITH OTHER JURISDICTIONS
The City acknowledges that certain facilities as identified in this Agreement may change
jurisdiction depending on location. For example, at some time in the future, the LTPE bridge
over EVHE and the BNSF railroad tracks likely would be under Auburn jurisdiction on the east
end and Sumner jurisdiction on the west end if a jurisdictional change does not occur. The City
agrees to work with the City of Sumner in a timely manner to adjust their respective UGA
boundaries to allow the City of Auburn to annex a portion of property west of the BNSF railroad
tracks to include the entire BNSF overcrossing, west embankment, and Trillium pond as depicted
on Exhibit "A." This UGA revision shall be accomplished in a time frame that will allow this
annexation to occur along with the annexation as described in Section 2.0 of this Agreement.
The County and the City agree to coordinate and cooperate with each other and these other
jurisdictions in a manner that provides the best product and service to the public. Additional
interagency agreements may be necessary to accomplish this goal. Refer to Exhibit "A" for a
map of the affected jurisdictions.
SECTION 11.0 NAME RETAINAGE
The City agrees to retain the name "Lake Tapps Parkway East" from 8th Street E in the
vicinity of East Valley Highway E to 182nd Avenue E for a period of not less than twenty (20)
years following the execution of this Agreement.
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