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Home My WebLink About3760 I(!-I\N~ Wd-..'30S- \?-' \111\11111111111111111111111111\\111111111\\11111\\\1\1I11111111111111 , \ , . 200508220499 8 PGS 08-22-2005 10:30am $0.00 PIERCE COUNTY. WASHINGTON - - - - -- -- - ~- - Return Address: Auburn City Clerk City of Auburn 25 West Main SI. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Interlocal Agreement (RES 3760) 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) AllhLlrn. City of - Grantee/Assignee/Beneficiary: (Last name first) 1. Bonney Lake, City of Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A o Assessor Tax # not yet assigned ti3., , RESOLUTION NO.3 7 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES WHEREAS, in March of 1998 the City Council of the City of Auburn adopted Resolution No. 2925 authorizing the Mayor and City Clerk to execute a settlement agreement that was subsequently signed by the City of Auburn and the City of Bonney Lake; and WHEREAS, among other items, that settlement agreement set forth a water service area boundary between the City of Auburn and the City of Bonney Lake; and WHEREAS, subsequent to approval of the settlement agreement the Potential Annexation Areas (PM) for the City of Auburn and City of Bonney Lake were amended to coincide with the water service area boundary; and WHEREAS, since the time of the agreement it has been found that a parcel was divided by the water service area boundary set forth in said settlement agreement, and by the subsequent PM boundary established based on the water service area boundary, and said parcel lies partially within and partially outside of the Auburn PM; and Resolution No. 3760 January 18, 2005 Page 1 of 2 WHEREAS, part of the Lake Tapps Parkway East extension's right-of- way also lies partially within and partially outside of the Auburn water service area boundary established by the settlement agreement, and partially within and partially outside the subsequent PM boundary established based on the water service area boundary; and WHEREAS, sound growth management and transportation planning principles are best served by including entire parcels and entire street right-of- ways entirely within a PM. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk are hereby authorized to execute Addendum No. 1 to the Settlement Agreement between the City of Auburn and the City of Bonney Lake in substantial conformity with the Addendum attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3760 January 18, 2005 Page 2 of 2 Dated and Signed this -/"+\\ day ofTe\)\\Ac~\ ::.l' 2005. CITY OF AUBURN _m~ "---- ./ , c_~ ATTEST: fDt4[d;r!~ Danlelle E. Daskam, City Clerk Resolution No. 3760 January 18, 2005 Page 3 of 2 PE ER B. LEWIS MAYOR ADDENDUM NO.1 ADDENDUM TO SETTLEMENT AGREEMENT BETWEEN THE CITY OF BONNEY LAKE AND THE CITY OF AUBURN RELATING TO WATER SERVICE AREA BOUNDARY THIS ADDENDUM is made and entered into this ;<It!1 day of ~. bltU1l~ ' 2005, by and between the CITY OF BONNEY LAKE, a municipal corporation of teState of Washington (hereinafter referred to as "Bonney Lake") and the CITY OF AUBURN, a municipal corporation ofthe State of Washington (hereinafter referred to as the "Auburn"), as an addendum to the Settlement Agreement between the parties executed on the 5th day of March, 1998. WIT N E SSE T H: WHEREAS, in March 1998 the City Council of the City of Auburn passed Resolution No. 2925 authorizing the Mayor and City Clerk to execute a settlement agreement that was subsequently signed by the City of Auburn and the City of Bonney Lake; and WHEREAS, among other items, the settlement agreement set forth a water service area boundary between the City of Auburn and the City of Bonney Lake; and WHEREAS, Exhibit B to the settlement agreement implied that Auburn's Urban Growth Area (UGA) was established to conform with the water service area boundary set forth in the settlement agreement; and WHEREAS, subsequent to approval of the settlement agreement the Potential Annexation Area (P AA) for the City of Auburn was amended to coincide with the water service area boundary; and WHEREAS, Exhibit B to the settlement agreement stated that the UGA and water service area boundary was established to follow property lines; and WHEREAS, since the time of the agreement it has been found that a parcel was divided by the water service area boundary set forth in said settlement agreement, and by the subsequent P AA boundary established based on the water service area boundary, and said parcel lies partially within and partially outside of the Auburn P AA; and WHEREAS, part of the Lake Tapps Parkway East extension's right-of-way also lies partially within and partially outside of the Auburn water service area boundary established by the settlement agreement, and partially within and partially outside the subsequent P AA boundary established based on the water service area boundary; and Exhibit "A" Resolution No. 3760 Page 1 of 4 Addendum No.1 to the March 1998 Auburn - Boney Lake Settlement Agreement Page 1 of 2 WHEREAS, sound growth management and planning principles are best served by including entire parcels within a P AA. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the PARTIES DO HEREBY AGREE as follows: ITEM ONE: ADDITION OF PROPERTY The Settlement Agreement is revised to include a portion of Pierce County parcel # 052005-4046, a portion of the Lake Tapps Parkway as it extends from the west boundary of 182nd Ave East west to Auburn's existing Urban Growth Area, and a portion of the natural gas pipe line parcel as noted in the attached Exhibit C. Exhibit C, attached hereto and incorporated by reference as if fully set forth herein, shall provide both a graphical representation and a legal description for the parcels that are to be included in Auburn's UGA for urban services and incorporated into the area that Bonney Lake shall be the water purveyor for within Auburn's UGA as defined in the original settlement agreement between Auburn and Bonney Lake. ITEM TWO: REMAINING TERMS UNCHANGED: That all other provisions of the Settlement Agreement between the parties executed on the 5th day of March, 1998, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. ._" c------'-;c--.--.::-:> PETER B. LEWIS, Mayor Attest: Attest: 4 ' / 'd4J;~6 ! I-.O~~~~ Danielle E. Daskam. City Clerk Approved as to form: IJ' /)1.' -e/ ionne, City Attorney J)s::>:~-" Addendum NO.1 to the March 1998 Auburn - Boney Lake Settlement Agreement Page 2 of 2 lame' Exhibit "A" Resolution No. 3760 Page 2 of 4 EXHIBIT C ADDENDUM 1 AUBURN BONNEY LAKE SETTLEMENT AGREEMENT LEGAL DESCRIPTION OF AREA THAT PORTION OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M. IN PIERCE COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 5 A DISTANCE OF 1360 FEET, MORE OR LESS, TO THE NORTHWESTERLY LINE OF THE LANDS CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER PIERCE COUNTY AUDITOR'S NUMBER 2410280; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 1880 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 700 FEET, MORE OR LESS, TO THE WEST LINE OF THE LANDS GRANTED TO PIERCE COUNTY FOR 182ND AVENUE EAST DESCRIBED IN DEED RECORDED UNDER PIERCE COUNTY AUDITOR'S NUMBER 2257762; THENCE SOUTHERLY ALONG THE WEST LINE OF 182ND AVENUE EAST AS DESCRIBED IN SAID INSTRUMENT A DISTANCE OF 40 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITORS FILE NUMBER 9902110924; THENCE WESTERLY ALONG LAST SAID SOUTH LINE AND ALONG THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITORS FILE NUMBER 200405180889 AND DEPICTED IN MAP ON FILE IN THE OFFICE OF THE DIRECTOR OF PIERCE COUNTY PUBLIC WORKS AND UTILITIES IN TACOMA, WASHINGTON, ENTITLED "LAKE TAPPS PARKWAY EAST - RIGHT OF WAY PLAN - CRP 5486" AND BEARING APPROVAL DATE OF NOVEMBER 17, 2003, A DISTANCE OF 600 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 A DISTANCE OF 1220 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. i1:\S\a.H:-'-ilu~;\\V(>I, ' -'Yo;',," :[\:8\[;<: :''';0\'__,,,,<;; /;,<;;jendui ~>dd,,-, -,:c:'i! Ge~,c(!;-ti(>iLDOC: Exhibit "A" Resolution No. 3760 Page 3 of 4 EXHIBIT C Addendum No.1 to the March 199B Auburn - Boney Lake Settlement Agreement Page 1 of 2 ~ . , . EXHIBIT C . AKE TAPPS P (v ((,,'>~ q~ 0'?-'O #' ,,~ ~'?- EXHIBIT A RESOLUTION NO. 3760 PAGE 4 OF 4 EXHIBIT C ADDENDUM NO.1 TO THE MARCH 98 AUBURN - BONNEY LAKE SETTLEMENT AGREEMENT PAGE 2 OF 2