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RESOLUTION NO.3 6 5 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES BETWEEN THE
LAKEHAVEN UTILITY DISTRICT AND THE CITY OF AUBURN
WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal
authority to exercise its powers and perform any of its functions as set forth in
RCW 39.34; and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act,
Auburn has the legal authority to cooperate with other localities and utilities on
the basis of mutual advantage and the efficient provision of municipal services;
and
WHEREAS, pursuant to RCW 35A.21.150, Auburn has the legal
authority to maintain a sewerage system; and
WHEREAS, pursuant to RCW 57.08.044, Lakehaven has the legal
authority, whether by contract or otherwise, to provide sewer service to property
owners in areas outside existing district boundaries; and
WHEREAS, the parties recognize the responsibility of public sanitary
sewer utilities to provide efficient and reliable service to their customers at
reasonable cost; and
Resolution No. 3651
December 22, 2003
Page 1
WHEREAS, Lakehaven's 1999 Draft Comprehensive Wastewater
System Plan notes a region within Auburn's Potential Annexation Area
(hereinafter referred to as "Auburn's PAA") to which Lakehaven intends to
provide sanitary sewer service; and
WHEREAS, Lakehaven is currently providing sanitary sewer service
within Auburn's PAA; and
WHEREAS, portions of the Lakehaven sanitary sewer system have been
sized and are situated so as to be capable of affording sewer service to a
portion of Auburn's PAA; and
WHEREAS, Auburn has evaluated sewer service issues and determined
that it is not cost feasible to provide direct sewer service within its PAA adjacent
to Lakehaven's sanitary sewer infrastructure; and
WHEREAS, Lakehaven's delivery of sewer service to these areas will
provide the maximum efficiency in the use of existing and future facilities and
sanitary sewer planning;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interlocal
Agreement Establishing Sanitary Sewer Service Boundaries between the
Lakehaven Utility District and the City of Auburn in substantial conformity with
Resolution No. 3651
December 22, 2003
Page 2
the agreement attached hereto, marked as Exhibit "A" and incorporated herein
by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
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DATED thlsd day OfJ1W "'-kr, 2004.
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PETER B. LEWIS
MAYOR
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ATTEST:
))~tJ::N c!~~
Darnelle E. Daskam,
City Clerk
Resolution No. 3651
December 22, 2003
Page 3
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IIII II 11111111
20041129000249
PACIFIC NU TIT AG 31.00
PAGE001 OF 013
11/29/2004 10 :09
KING COUNTY, UA
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main Sl.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement (RES 3651)
\ S /'( I p.'\i~.;r
10" 1-'1 ~ lL
Reference Number(s) of Documents assigned or released:
DAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Lakehaven Utility District
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
o Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
N/A
o Assessor Tax # not yet assigned
,.
. ,
EXHIBIT "A"
LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
THIS AGREEMENT, made and entered into this Z,,- J. day of re ,l"V"V'd~,
2004, by and between LAKEHAVEN UTILITY DISTRICT, a Washington munic' I
corporation (hereinafter referred to as "Lakehaven"), and the CITY OF AUBURN, a
Washington municipal corporation, (hereinafter referred to as "Auburn"), both being
duly organized and existing under and by virtue of the laws of the State of Washington,
WITNESSETH:
WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority to
exercise its powers and perform any of its functions as set forth in RCW 39.34; and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn
has the legal authority to cooperate with other localities and utilities on the basis of
mutual advantage and the efficient provision of municipal services; and
WHEREAS, pursuant to RCW 35A.21.150, Auburn has the legal authority to
maintain a sewerage system; and
WHEREAS, pursuant to RCW 57.08.005(5) and 57.08.044, Lakehaven, as a
special purpose water/sewer district, has the legal authority, whether by contract or
otherwise, to provide sewer service to property owners in areas outside existing district
boundaries; and
WHEREAS, the parties recognize the responsibility of public sanitary sewer
utilities to provide efficient and reliable service to their customers at reasonable cost;
and
WHEREAS, Lakehaven's adopted and approved 1999 Comprehensive
Wastewater System Plan and its Amendment No. 1 notes a region within Auburn's
Potential Annexation Area (hereinafter referred to as "Auburn's PAA") to which
Lakehaven intends to provide sanitary sewer service; and
WHEREAS, Lakehaven is currently providing sanitary sewer service within
Auburn's PAA; and
Exhibit "A", Auburn Resolution No. 3651
Lakehaven - Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 1 of 5
r-
WHEREAS, portions of the Lakehaven sanitary sewer system have been sized
and are situated so as to be capable of affording sewer service to a portion of
Auburn's PAA; and
WHEREAS, Auburn has evaluated sewer service issues and determined that it
is not cost feasible to provide direct sewer service within its PAA adjacent to
Lakehaven's sanitary sewer infrastructure; and
WHEREAS, Lakehaven's delivery of sewer service to these areas will provide
the maximum efficiency in the use of existing and future facilities and sanitary sewer
planning;
NOW, THEREFORE:
IT IS HEREBY AGREED by and between the parties hereto as follows:
1. Sewer Service Area. The parties have agreed to a mutual sewer service
planning boundary as depicted on the maps attached hereto as Attachment 1 and
legally described in Attachment 2, which are by this reference incorporated herein.
Both parties further agree that, through this designation of the service boundary,
Lakehaven shall provide sanitary sewer service to properties mutually within its
sanitary sewer service area and Auburn's PAA, also depicted on Attachment 1, in
accordance with and subject to the terms and conditions of this Agreement.
2. Management, Regulation and Control of Sewer System. Lakehaven shall
have the sole responsibility and authority to construct, maintain, manage, conduct and
operate its sewerage system within the area mutually designated as Lakehaven's
sanitary sewer service area and Auburn's PAA as depicted in Attachment 1, together
with any additions, extensions and betterments thereto. Lakehaven shall also be
responsible for obtaining all necessary governmental franchises, approvals,
easements and permits for the installation of the sewerage system and improvements
to be located therein.
3. Service Rates and Connection Charges.
a) Permit Required. No connection shall be made to Lakehaven's sanitary
sewer system unless the property owner first pays the associated fees and
submits the proper information to obtain a Lakehaven sanitary sewer
connection permit, and otherwise meets the requirements for service as
provided in duly adopted Resolutions of Lakehaven. The connection shall be
subject to inspection for compliance with Lakehaven's standards as adopted
at the time the connection is made.
Exhibit "A", Auburn Resolution No. 3651
Lakehaven - Auburn Interlacal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 2 of 5
b) Rates. The rates charged to the sanitary sewer customer by Lakehaven
mutually within Lakehaven's sanitary sewer service area and Auburn's PAA,
as depicted on Attachment 1, shall be fixed, altered, regulated and otherwise
controlled by Lakehaven pursuant to the limitation on such authority as set
forth in Chapter 57 RCW, or other applicable laws.
4. Sewer Availability Certificates. Lakehaven shall continue to issue sewer
availability certificates for property located both within its sanitary sewer service area
and Auburn's PAA, as depicted in Attachment 1.
5. Future Annexations. Each of the parties agree that Lakehaven shall provide
sanitary sewer service to the area depicted in Attachment 1 without regard to the
present corporate boundaries of the parties and without regard to future corporate
boundaries as they may be periodically altered through annexation.
6. Lakehaven Comprehensive Sewer Planning. The terms of this Agreement will
be included as an amendment to Lakehaven's Comprehensive Wastewater System
Plan. Lakehaven will submit to Auburn all Comprehensive Wastewater System Plans
and amendments thereto involving areas and/or system improvements within Auburn's
PAA.
7. Auburn Comprehensive Sewer Planning. The terms of this Agreement will be
included as an amendment to Auburn's Comprehensive Sewerage Plan. Auburn will
submit to Lakehaven all Comprehensive Sewerage System Plans and amendments
thereto involving area and/or system improvements within Auburn's PAA.
8. Reliance. Each party hereto acknowledges that the terms hereof will be relied
upon by the other in its comprehensive planning to meet the needs of the service area
designated herein.
9. Liability. The parties agree that this Agreement shall not be a source of liability
for either party for any failure or interruption of service in the service area of the other
party, as designated herein.
10. Government Approvals. Auburn will give notice of the adoption of this
Agreement to Metropolitan/King County, to the Department of Ecology, to the
Department of Health, and to any other agency with jurisdiction over, or other interest
in, the terms hereof, and the parties shall cooperate and assist each other in all
reasonable manner in procuring any necessary approvals hereof by those agencies.
11. Boundary Review Board. In the event that implementation of the terms hereof
results in permanent sewer service to areas that will be outside the respective service
boundaries of Lakehaven or Auburn, the parties will, at the time of such service, jointly
seek King County Boundary Review Board approval of such service in accordance
with RCW 36.93.090.
Exhibit "A", Auburn Resolution No. 3651
Lakehaven - Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 3 of 5
"
12. Service Amendments. Any changes to the service areas described herein shall
be by mutual written agreement. Each party, through Auburn's Director of Public
Works and Lakehaven's General Manager respectively, may give written permission to
the other, on a case-by-case basis, to provide service to the other party's adjacent or
nearby sewer service area based upon considerations of economic efficiency. Such
written permission(s) shall be filed with this agreement for future reference.
13. Alteration, Amendment or Modification. Any alterations, amendments or
modifications to this agreement shall be by mutual consent of the parties.
14. Indemnification and Hold Harmless. Each Party hereto agrees to protect,
defend, and indemnify the other Party, its officers, officials, employees and agents
from any and all cost, claims judgements and/or awards of damages, arising out of or
in any way resulting from the Party's default, failure of performance, or negligent
conduct associated with this agreement, by the Party, its employees, subcontractors or
agents. Each Party agrees that its obligations under this provision extend to any
claim, demand, and/or cause of action brought by or on behalf of any of its employees,
or agents. The foregoing indemnity is specifically and expressly intended to constitute
a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW
Title 51, as respects the other Party only, and only to the extent necessary to provide
each Party with a full and complete indemnity of claims made by the other Party's
employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them.
15. Miscellaneous. Auburn and Lakehaven agree that an area in the vicinity of 51st
Avenue South and South 320th Street and depicted in Attachment 3 is currently being
served by Auburn via temporary pump station and may in the future be more efficiently
served by a gravity conveyance system discharging to Lakehaven's facilities. This
section does not obligate Lakehaven to accept any sanitary sewer facilities in said
area. This section is intended only to make Lakehaven aware of Auburn's desire to
eventually adjust the sanitary sewer service boundaries to allow Lakehaven to provide
sanitary sewer service to said area, and for Lakehaven to plan for this action. Auburn
and Lakehaven will abide by Section 12 of this Agreement when adjusting sanitary
sewer service boundaries.
16. Integration. This agreement constitutes the entire agreement of the parties
regarding the subject matter hereof, and there are no other representations or oral
agreements other than those listed herein, which vary the terms of this agreement.
Future agreements may occur between the parties to transfer additional or future
service areas by mutual agreement.
17. Obligation Intact. Nothing herein shall be construed to alter the rights,
responsibilities, liabilities, or obligations of either lakehaven or Auburn regarding
provision of sewer service, except as specifically set forth herein.
Exhibit "A", Auburn Resolution No. 3651
Lakehaven - Auburn Inter10cal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 4 of 5
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LAKEHAVEN UTILITY DISTRICT
Approved by Resolution No. '2co'I-/oob of the Lakehaven Utility District, Federal
Way, Washington, at its regular meeting held on the e'-fl..... day of .-.JO"....v,'-""'j
2004.
1.
.It/
Donald T. Perry, G
Lakehaven Utility D
eral Manager
trict
Ap~roved as to for~: ,
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,f'yc."-.' \ l . \.""' \.\,/C;.--
Steven H. Pritchett, General Counsel
Lakehaven Utility District
CITY OF AUBURN
Approved by Resolution No. 3651 of the City of Auburn, Washington, at its regular
~
meeti held on the ,;;JJ day of ~4UL~ ,2004.
Attest:
~Wf1J0~
Danielle Daskam, City Clerk
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Peter B. Lewis, Mayor
City of Auburn
Exhibit "A", Auburn Resolution No. 3651
Lakehaven - Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 5 of 5
LEGEND
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ATTAOl.-r 1
LAlCEHAVEN - Al8lRN INTERLOCAI.
AGREEMENT ESr___ SNGTMY
SEWER SERVICE BOUNDI\RII5
;W;:i ALJaJRN aTY LIMITS
_AUIlURN PM
- PRllPOSB) _ SEIlVICI! IIClUNDMY
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LEGEND
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.............. SEWI!R SBWICI! BCl KWl'I'
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A1T~l
LAlCEHAVEN - __ INTBlLOC'AL
_BfI' esrAIIJSHING 5Nln"ARY
SEWERSERVICE_
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Attachment 2
LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
BOUNDARY DESCRIPTION
BEGINNING at a point 170 feet east of the Northwest corner of the Southeast quarter
of the Southwest quarter of Section 35, Township 22 North, Range 4 East, W.M., in
King County, Washington;
THENCE south 662.54 feet, more or less, to the North line of the South half of said
subdivision;
THENCE easterly along said North line to a point 300 feet west of the East line of said
subdivision;
THENCE south to a point 170 feet north of the South line of said subdivision;
THENCE east 300 feet, more or less, to the East line of said subdivision;
THENCE southerly along said East line to the South line of said Section 35;
THENCE continuing southerly along the West line of the Northeast quarter of Section
2, Township 21 North, Range 4 East, W.M., in King County, Washington, a distance of
221.12 feet;
THENCE easterly, parallel with the North line of said subdivision, 220.20 feet;
THENCE southerly, parallel with the West line of said subdivision, 130 feet;
THENCE easterly, parallel with the North line of said subdivision, 1,304.44 feet;
THENCE southerly, parallel with the West line of said subdivision, 494 feet;
THENCE easterly, parallel with the North line of said subdivision, 680.8 feet;
THENCE southerly, parallel with the West line of said subdivision, 100 feet;
THENCE easterly, parallel with the North line of said subdivision, 428 feet, more or
less, to the East line of said subdivision;
THENCE southerly, along said East line to the Northeast corner of the South half of
the South half of the Northeast quarter of the Southeast quarter of said Section 2;
THENCE westerly, along the North line of said subdivision, 518.77 feet;
Attachment 2
Lakehaven - Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 1 of4
j"
THENCE southerly, parallel with the East line of said subdivision, 328.01 feet;
THENCE westerly, along the South line of said subdivision, 130.02 feet, more or less
to the Northeast corner of the West half of the Southeast quarter of the Southeast
quarter of said Section 2;
THENCE southerly, along the East line of said subdivision, 964.41 feet;
THENCE westerly, parallel with the North line of said subdivision, 650 feet, more or
less, to the East line of the Southwest quarter of the Southeast quarter of said Section
2;
THENCE southerly, along said East line, 328.77 feet, more or less, to the South line of
said subdivision;
THENCE westerly, along said South line, to the centerline of 56th Avenue South;
THENCE southerly, along said centerline of 56th Avenue South, to the centerline of
South 305th Street in Section 11, Township 21 North, Range 4 East, W.M., in King
County, Washington;
THENCE westerly, along said centerline of South 305th Street, to a point of
intersection with the northerly projection of the West line of Lot 2, Block 5, Auburn
Heights Park Division No.2, according to the plat thereof recorded in Volume 49,
Page 99, records of King County, Washington;
THENCE southerly, 320 feet, more or less, parallel with said West line of Lot 2, to the
South line of Lot 4, Block 5, of said plat;
THENCE easterly, along said South line of Lot 4, to the Northwest corner of Lot 5,
Block 5 of said plat;
THENCE southerly and southeasterly, along the West lines of Lots 5 and 9, of said
plat, to the Northeast corner of Block 7, Auburn Heights Park Division No.1, according
to the plat thereof recorded in Volume 49 of Plats, Page 56, records of King County,
Washington;
THENCE southerly, along the East line of Block 7 of said plat, to the Southeast corner
of Lot 2, Block 7, of said plat;
THENCE westerly, parallel with the South line of said plat, along the north lines of Lot
19 and Lot 1, Block 6, Lot 15 and Lot 1, Block 5, and Lot 26, Block 4, of said plat, to
the centerline of 51 st Avenue South;
THENCE southerly, along said centerline of 51 st Avenue South, to the Southwest
corner of said Section 11;
Attachment 2
Lakehaven - Auburn lnterlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 2 of 4
THENCE continue southerly, along the West line of Section 14, Township 21 North,
Range 4 East, W.M., in King County, Washington, 329.57 feet;
THENCE east 30 feet to the Southwest corner of Lot 15, Peasley Ridge, according to
the plat thereof recorded in Volume 201, Pages 66-71, records of King County,
Washington;
THENCE continue easterly, along the South line of said plat, to the Southeast corner
of Tract D Peasley Ridge;
THENCE northerly, along the East line of said Tract D, 150 feet, more or less, to the
Northwest corner of Lot 2, King County Short Plat NO.1 080026R, as recorded under
Recording No. 8106080708, records of King County, Washington;
THENCE easterly, along the North line of said Lot 2, to the West line of Lot 1, King
County Short Plat No. 1080027, as recorded under Recording No. 8106080709,
records of King County, Washington;
THENCE northerly, along the West line of said Lot 1, to the Northwest corner thereof;
THENCE easterly, along the North lines of Lots 1, 2 and 4, of said short plat, to the
Northeast corner of said Lot 4;
THENCE East 60 feet to the West line of Lot 19, West Auburn Five-Acre Tracts,
according to the plat thereof recorded in Volume 15, Page 12, records of King County,
Washington;
THENCE southerly, along the West line of said Lot 19, 9.43 feet;
THENCE easterly, parallel with the North line of said Lot 19, 294.8 feet;
THENCE northerly, parallel with the West line of said Lot 19, 119.43 feet, more or
less, to the South margin of South 320th Street;
THENCE easterly, along said south margin of South 320th Street, 150 feet;
THENCE southerly, parallel with the West line of said Lot 19, 119.43 feet;
THENCE easterly, parallel with the North line of said Lot 19, 9.59 feet;
THENCE southerly, parallel with the West line of said Lot 19, 5 feet;
THENCE easterly, parallel with the North line of said Lot 19, 13.53 feet;
THENCE southerly, parallel with the West line of said Lot 19, 178.866 feet, more or
less, to the most Northwesterly corner of Lot 4, King County Short Plat No. 278048, as
recorded under Recording No. 8004030782, records of King County, Washington;
Attachment 2
Lakehaven - Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 3 of 4
THENCE southerly, along the West line of said Lot 4, to the Southwest corner thereof
and the North line of Lot 2, King County Short Plat No. 1077053, as recorded under
Recording No. 7808100856;
THENCE westerly, along the North line of said Lot 2, to the Northwest corner thereof;
THENCE southerly, along the West lines of Lot 2 and Lot 4 of said short plat, to the
North line of Lot 30, West Auburn Five-Acre Tracts, according to the plat thereof
recorded in Volume 15, Page 12, records of King County, Washington;
THENCE easterly, along the North line of said Lot 30,147.35 feet;
THENCE southerly, parallel with the East line of said Lot 30, to the centerline of South
324th Street;
THENCE westerly, along said centerline of South 324th Street, to the centerline of
56th Avenue South;
THENCE southerly, along said centerline of 56th Avenue South, to the North margin
of State Highway No. 18;
THENCE easterly, along said North margin of State Highway No. 18, to the southerly
projection of the centerline of 58th Avenue South;
THENCE southerly, along said centerline of 58th Avenue South, to the centerline of
South 344th Street;
THENCE westerly, along said centerline of South 344th Street, to the centerline of
56th Avenue South;
THENCE southerly, along said centerline of 56th Avenue South, to the easterly
projection of the South line of Lot 24, Block 27, Jovita Heights, according to the plat
thereof recorded in Volume 20 of Plats, Page 12, records of King County,
Washington, and the terminus of this boundary description.
Attachment 2
Lakehaven - Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
Page 4 of 4
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LEGEND
AUBURN SERVICE AREA
lltAT MAY IE SERVED BY
LAKEHAVEN
PAA
AUBURN arv LIMITS
Abdhmemt :3
I
Lakehlven-Aubum
InterIoaII Agleement
EsllIbllshlng SanItary Sewer
SeNIce IIotnIarIes
Dee 2003
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