HomeMy WebLinkAbout4113RESOLUTION 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 (PAA) 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 "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.
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 /~/,~~~%u..~~ , 2006.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
~._./
~ ~ G~ C~~
D ~elle E. Daskam, City Clerk
Resolution No. 4113
November 14, 2006
Page 3 of 3
_Kin County Real Estate Services
500 Fourth Avenue, Room 500 CONFORMED COPY
_Seattle, WA 98104
ADM-ES-0500
20070314000977
PROPERTY SERVI KCA 0.00
PAGE001 OF 039
03/14/2007 11:29
KING COUNTY, WA
Plaaca mint nr tuna information W ASHiNGTnN STATE RF.CnRDF,R'S Cover Sheet nzcw 6s.o4~
Document Titles (or transactions contained therein : ~ areas ~licable to your document must be filled >n
1. Interlocal Agreement between the City of Auburn and King County
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Last name, first name, initials
1 City of Auburn
2.
Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
1. King County
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
RCW 39.34.040
Additional legal is on of document.
Assessor's Property Tax ParceUAccount Number .
N/A
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or com leteness of the indexin information rovided herein.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND HING
COUNTY, RELATING TO THE ANNEXATION OF THE LEA HILL AND WEST
HILL POTENTIAL ANNEXATION AREAS
n
THIS AGREEMENT is made and entered into this ~ day of F,G~(u, 2007. The
parties ("Parties") to this Agreement are the City of Auburn, a State of ~+ashington
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 ("PAAs") 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 PAAs 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 cone-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 governmental land use authority and jurisdiction with respect to the
Annexation Areas transfers from the County to the City upon the effective date of
annexation; and
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 of this 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 of the 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 of transitioning 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 maybe 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.
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 improved 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 funds 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 of this 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
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.
i. 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-1, C-1 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.
ii. 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
iii. 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.
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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 ProRerties.
i. 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 of the Drainage Facilities, Drainage Facility Property Interests
and Greenbelt Properties.
ii. 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.
"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.
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ii. 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 .
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.
ii. 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
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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. AlI 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
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 of the 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 per 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 SEPARATOR 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
AGRICULTURAL 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
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 277th 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 Director, Office of Management and Budget
City of Auburn King County
25 West Main Street Suite 3200
Auburn, WA 98001-4998 Seattle, WA 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 bylaw.
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 of them, 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
principal of 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,
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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 of them, 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
ternination 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 Lev~Tax. The County's collection and disbursement of road levy tax
within the Annexation Area(s) shall be in accordance with state law.
c. Filin 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.
Other provisions of this section notwithstanding, police/sheriff records shall be
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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 maybe 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. Assi ug~ Went. 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.
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. Attorne, sue. 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 maybe delivered personally
to the addressee of the notice or maybe deposited in the United States mail,
11
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.
C BURN: LINTY:
Peter .Lewis, Mayor Ro ims, xecu ive
Date: FEB - 2 2007
ATTEST:
~'
Cit erk
DATED:
FEB - 2 2007
Date: 2 ~ Z D - Z~ d ~-
ATTEST:
DATED: t<e,~j.-r.-,-~ l~, L~a~-
Appr ed as t Form: Approved as to Form:
~~,
C ttorney Sr. Deputy Prosecuting Attorney
12
STATE OF WASHINGTON)
SS
COUNTY OF KING )
.s.--~'
On this oZ --- day of L~ , 2007, before me, the
undersigned, a Notary Public in and for the S to of Washington, duly commissioned and
sworn personally appeared, to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that Pt~ (3 ~..p.,.,.r-~
signed and sealed the said instrument as _~~ free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed t e -and year in to
above written. . °°"°"'_<<
~,i~A~ K'C~ ~!~''~, Notary P b`lic i d for th~
~~~5si°^~ F.~~~~ r'°., State of Washington, residing
,a...,.
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,~6°1°~y~~ . 3-2g-p~ ,.~~•~~ .
! • ~~; ,.
sf6~ Q.; SAS °;
STATE OF WASHINGTON)
SS
COUNTY OF KING )
at ~C- l ~1 ~ . ~ ,<s~
~ / ~ !.c-sue'
City nd State
My appointment expires
On this ~~_ day of,,~-/`jh,~~(~Q~,I,~~ , 2007, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn personally appeared, to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that ~~(~~ ~., , s/MS
signed and sealed the said instrument as ~_ free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed the y and year in this rti~C t
above written. otary~ b is m and or the
```~~~~T u--nr~~~~~ State of Washington, residing
~~ ~t _ t' ~! + C3 ~~i
`~~°`~Q~ :1~~gS10N ~~~ ~y i i
~'" ~ ~ •
_ ®~ d
l ~'UB1.~
~.~''s~G 0~0:
~~
'~~~°~~Nt~tiiug-~~ ~~`~
at ~~-jf~, ~~
City and State
My appointment expires ~ ~ ~ b
13
Exhibit A
Description of Annexation Areas
Lea Hill Proposed Annexation Area
Legal Description
(subject to changes approved by the King County Boundary Review Board)
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
15
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;
16
West Hill Proposed Annexation Area
Legal Description
(subject to changes approved by the King County Boundary Review Board)
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;
17
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;
l8
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. 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
321st 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.
19
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 HING COUNTY, RELATING TO THE ANNEXATION OF THE
LEA HILL AND WEST HILL POTENTIAL ANNEXATION AREAS dated
200? (the "Agreement").
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.
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.
20
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, SEPA 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 of the 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.
21
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. SEPA Compliance.
6.1. In order to satisfy the procedural requirements of the State Environmental
Policy Act ("SEPA"), 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 SEPA threshold
determinations and other SEPA matters relating to projects within the City shall be heard
by the City.
7. Permit Condition and Code Enforcement.
7.l . 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.
22
8. Fees and Reimbursement.
8.1 In order to cover the costs of processing building and land use permit
applications and performing SEPA 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 1'1.
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 maybe 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 of governmental or public law is involved, and
if final judgment be rendered against the City and its officers, agents, and employees, or
23
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.
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 Director , or his/her designee.
15. Leal 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.
24
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 PAAs
LEA HILL: there are no stormwater system facilities within the Lea Hill
PAA.
WEST HILL
Table A-1: stormwater System Facilities to be transferred to City
Facility Name Facility Address Facility Type
Peasley Canyon Culvert Repair
(Auburn portion -portion also in 5100 S Peasley Canyon Rd
Federal Way PAA) (approx. location) Channel
SE 312th Way Drainage SE 312th Way/129`h Ave. SE
Improvement (approx. location) Channel
Dead Horse Canyon ravine east
of Green River Community
SE 320th Tightline College pipe
LEA HILL
Table B-1: Commercial stormwater Facilities to remain in privafe
ownership, but may be inspected by City
Facility FACILITY ADDRESS
Number FACILITY NAME
D95157 Auburn Hills Mobile Home Park 31101 116th Ave SE
D95478 Green River CC (Maint Bldg) 12401 SE 320th St
D95480 Green River CC (Lot A) 12401 SE 320th St
D95481 Green River CC (W of Lot B) 12401 SE 320th St
D95482 Green River CC (E of Lot B) 12401 SE 320th St
D95483 Green River CC (Wastewater Train Ctr) 12401 SE 320th St
D95495 Apostolic Church 5220 S 305th St
D95945 KC Fire Dist 44 31206 124th Ave SE
D96008 Green River CC (Lot I) 12401 SE 320th St
D96325 KC Water Dist 111 28502 124th Ave SE
D96882 Circle "K" Store 31207 124th Ave SE
D96960 The Meadows on Lea Hill 12525 SE 312th St
D97240 Lea Hill Elementary 30908 124th Ave SE
D97242 Gentrywalk Apartments 12725 SE 312th St
D97243 Gentrywalk Apartments 12725 SE 312th St
D97251 Green River Com College 12401 SE 320th St
D97427 Family of Grace Lutheran Church 31317 124th Ave SE
D97429 Green River CC (Student Ctr) 12035 SE 320th St
D97447 Rainier Junior High 30620 116th Ave SE
25
D97528 College Place Mobile Home Court
D97529 College Place Mobile Home Court
D97981 Campus Village Townhomes
31600 126th Ave SE
31600 126th Ave SE
12100 SE 312th St
WEST HILL
Table B-2: Commercial Stormwater Facilities to remain in private
ownership, but may be inspected by City
Facility FACILITY NAME FACILITY ADRESS
Number
Meredith Hill Elementary School
D98200 5830 S 300th St
D98750 Country Chase Townhomes 31306 121st Ln SE
DT0051 Cedar Ridge Estates 29620 55th Pl S
LEA HILL
Table C-1: Stormwater Facilities Serving Residential Development to be
Transferred to City
Facility FACILITY ADDRESS
Number FACILITY NAME
D90135 Townsend Addition 11404 82nd PI S
D90170 College Hill Estates 12005 SE 316th St
D90307 Hillis Hills Div 1 5300 S 296th St
D90380 Rainier Ridge 31809 126th Ave SE
D90472 Grand Firs 5'125 S 302nd PI
D90752 East Hill Vista 10611 SE 291st St
D91105 Hillis Hills #4 30014 58th PI S
D91133 Hillis Hills #5 5609 S 297th St
D91246 Park Ridge 1 & 2 6117 S 296th Ct
D91407 Hillcrest West 5146 S 288th St
D91410 College View 31636 122nd Ave SE
D91523 Bristol Heights 6361 S 298th PI.
D91534 College Green North 11822 SE 322nd St
D91535 College Green North 32214 116th Ave SE
D91565 Park Place North I & II 29208 55th Ave S
D91635 Sunnybrook Place 31400 118th Ct SE
D91636 Sunnybrook Place 31410 117th PI SE
D91679 Green River Estates 116th SE & SE 321st St
D91680 Green River Estates 11825 SE 321st PI
D91862 Willow Park 30600 124th Ave SE
D91863 Willow Park 30600 124th Ave SE
D91864 Willow Park 12600 SE 306th St
26
D91865 Willow Park 127th PI SE & SE 307th St
D91866 Willow Park 12500 SE 307th St
D92064 Rainier Ridge Div 2 12729 SE 318th Wy
D92141 McConnell SP 1080026-27 5402 S 321st St
D92167 Green Meadows South 12309 SE 316th St
D92180 Rainier Shadows 2 Phase 1 12801 SE 307th PI
D92190 Mulberry Lane 11517 SE 307th PI
D92199 Cimarron Place 30801 116th Ave SE
D92200 Windsor Place 31600 117th Ave SE
D92217 Rainier Shadows 2 Phase 2 SE 309th PI & 130th Ave SE
D92249 Young SP S0388007 5921 S 295th PI.
D92294 Carrington Bluff 112th Ave SE & SE 301St Wy
D92295 Carrington Bluff - 11500 SE 301st PI
D92314 Hagadorn Park 12900 SE 306th Ct
D92316 Hamilton Park 31500121st PI SE
D92460 Goodwin SP 29320 112th Ave SE
D92535 Ridge at Willow Park Ph 2 30031 129th Ave SE
D92536 Ridge at Willow Park Ph 1 Tr B 12610 SE 304th St
D92537 Ridge at Willow Park Ph 1 Tr C 30000 124th Ave SE
D92578 Wicklund SP L97 S0023 10700 SE 293`d St
D92601 Crystal Meadows 12124 SE 303rd Ct
D92608 Green Wood Lane 30302 51st Ave S
D92618 Auburn West 5899 S 294th St
D92622 KCSP 278048 (Edlund) 5611 S 321st St
D92639 Duberry Hill Phase 1 29XX 127th PI SE
D92640 Duberry Hill Phase 1 12441 SE 299th PI
D92650 Carrington Meadows Tr B 11201 SE 299th PI
D92651 Carrington Meadows Tr C 298XX 114th Wy SE
D92659 Pacific Ridge 11200 SE 306th PI
D92665 Peasley Ridge 32000 53rd PI S
D92666 Peasley Ridge 32001 52nd Ave S
D92666 Peasley Ridge 32001 52nd Ave S
D92669 Hillcrest East II, Tr A 29118 53rd PI S
D92704 Canterbury Crossing 5494 S 320th St
D92714 Crystal Court 31920 116th Ave SE
D92715 AAA 2YR BOND Flora Park 129XX SE 305th PI
D92718 Hazelwood Crest Tr B 30802 116th Ave SE
D92785 AAA 2YR BOND Kendall Heights 11702 SE 310th St
D92817 Alpine Meadows 5646 S 295th PI
D92819 AAA 2YR BOND Cedar Ridge Estates 29620 55th PI S
D92834 AAA 2YR BOND River Rim 10621 SE 290th St
AAA 2YR BOND Meadowfield Ridge
D92837 Tract G 54XX S 296th St
AAA 2YR BOND Meadowfield Ridge
D92838 Tract C 294XX 54th Ct S
27
WEST HILL
Table C-2: Stormwater Facilities Serving Residential Development to be
Transferred to City
Facility
Number FACILITY NAME FACILITY ADRESS
D92608 Green Wood Lane 30302 51st Ave S
D92618 Auburn West 5899 S 294th St
D92622 KCSP 278048 (Edlund) 5611 S 321st St
D92639 Duberry Hill Phase 1 299XX 127th PI SE
D92640 Duberry Hill Phase 1 12441 SE 299th PI
D92650 Carrington Meadows Tr B 11201 SE 299th PI
D92651 Carrington Meadows Tr C 298XX 114th Wy SE
D92659 Pacific Ridge 11200 SE 306th PI
D92665 Peasley Ridge 32000 53rd PI S
D92666 Peasley Ridge 32001 52nd Ave S
D92666 Peasley Ridge 32001 52nd Ave S
D92669 Hillcrest East II, Tr A 29118 53rd PI S
D92704 Canterbury Crossing 5494 S 320th St
D92714 Crystal Court 31920 116th Ave SE
D92715 AAA 2YR BOND Flora Park 129XX SE 305th PI
D92718 Hazelwood Crest Tr B 30802 116th Ave SE
D92785 AAA 2YR BOND Kendall Heights 11702 SE 310th St
D92817 Alpine Meadows 5646 S 295th PI
D92819 AAA 2YR BOND Cedar Ridge Estates 29620 55th PI S
D92834 AAA 2YR BOND River Rim 10621 SE 290th St
AAA 2YR BOND Meadowfield Ridge
D92837 Tract G 54XX S 296th St
AAA 2YR BOND Meadowfield Ridge
D92838 Tract C 294XX 54th Ct S
28
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
Acct. 140290-0760 and 140290-0770) _
TRACTS B and C, CARRINGTON MEADOWS, as per plat recorded in Volume
204 of Plats, pages 023 through 027, records of King County, Washington. (Tax
Acct. 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 Acct. 144611-0140)
TRACT A, COLLEGE VIEW, as per plat recorded in Volume105 of Plats, pages
060 through 061, records of King County, Washington (Tax Acct. 168520-
0200)
TRACTS B AND C, CRYSTAL COURT, as per plat recorded in Volume 209 of
Plats, pages 025 through 026, records of King County, Washington. (Tax Acct.
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 Acct.
186500-0290)
TRACTS O and Q> DuBERRY HILL, as per plat recorded in Volume 194 of Plats,
pages 006 through 014, records of King County, Washington. (Tax Acct.
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 Acct. 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 Acct.
211101-1160)
29
TRACT A, EAST HILL VISTA, as per plat recorded in Volume 120 of Plats,
pages 056 through 057, records of King County, Washington. (Tax Acct.
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 Acct. 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 Acct.
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 Acct.
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 Acct.
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 Acct.
305670-0170 and 305670-0180 )
TRACT B, HAZELWOOD CREST, as per plat recorded in Volume 199 of Plats,
pages 028 through 029, records of King County, Washington. (Tax Acct.
320440-0320)
TRACT C, D, G, H and J, KENDALL HEIGHTS, as per plat recorded in Volume
199 of Plats, pages 017 through 021, records of King County, Washington. (Tax
Acct. 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
Acct. 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 Acct.
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
Acct. 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 Acct.
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
Acct. 713790-1040)
30
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
Acct. 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 Acct.
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
Acct. 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 Acct.
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 Acct. 733080-0120)
TRACT A, SERAMONTE, as per plat recorded in Volume 232 of Plats, pages
004 through 008, records of King County, Washington. (Tax Acct. 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 281 St Street); LESS that portion thereof lying north of said
County Road (SE 281St 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 Acct. 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
31
improved to King County standards and are dedicated and accepted by King
County for maintenance. (Tax Acct. 322205-9175)
TRACT C, KING COUNTY SHORT PLAT L97S0023, as filed under recording
number 20001205900009 (Tax Acct. 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 Acct. 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 Acct.
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 Acct.
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 132"d Ave SE
South 00°13'40" East 544.80 feet to the TRUE POINT OF BEGINNING,
THENCE continuing along said Westerly margin South 00°13'40" 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 90°00'00" along an arc distance of 39.27 feet,
THENCE South 89°46'20" West 75.00 feet, THENCE North 00°13'40" West
170.00 feet, THENCE North 89°46'20" East 100.00 feet to the TRUE POINT OF
BEGINNING. (Tax Acct. 042105-9084)
VINTAGE HILLS VI, as per plat recorded in Volume 218 of Plats, pages 071
through 075, records of King County, Washington. (Tax Acct. 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 number199902101895
Declarations of Covenant filed under recording number 20021119001587
Declarations of Covenant filed under recording number 20030418001870
32
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 Acct.
019265-0170)
FILE 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.
(Tax Acct. 022104-9221)
TRACT A, AUBURN WEST, as per plat recorded in Volume 189 of Plats, pages
069 through 071, records of King County, Washington. (Tax Acct. 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 Acct.
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 Acct.
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 Acct.
332681-0130 and 332681-0140)
33
TRACT B, HILLCREST WEST, as per plat recorded in Volume 134 of Plats,
pages 085 through 087, records of King County, Washington (Tax Acct. 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 Acct.
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 Acct.
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 Acct. 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 Acct.
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
Acct. 664925-0650)
TRACT D, PEASLEY RIDGE, as per plat recorded in Volume 201 of Plats, pages
066 through 071, records of King County, Washington. (Tax Acct. 669930-
0560)
34
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
35
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 Acct. 184160-0350)
36
Exhibit G
Auburn Potential Annexation Areas Police Services Transition Plan
A. Effective Date: Effective Date of the Annexation Areas Annexation
B. Desired outcomes
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
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
37
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 of the 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 of the 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-911 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 of the annexations, and
will work with them to resolve any concerns.
38
MEMORANDUM OF UNDERSTANDING BETWEEN EXECUTIVE SIMS AND
MAYOR LEWIS REGARDING FUNDING OF CERTAIN ACTIVITIES RELATED TO
ANNEXATION BY THE CITY OF LEA HILL AND WEST HILL POTENTIAL
ANNEXATION AREAS
This Memorandum of Understanding is intended to confirm the agreement of the parties
to work together on public outreach in support of the annexation by the City of Auburn of its
Potential Annexation Areas ("PAAs"), in furtherance of that separate interlocal agreement
negotiated between the City and County on annexation of these areas, which agreement it is
anticipated will be approved by the legislative bodies of the City and County by the end of 2006.
In consideration of the City's willingness to annex the West Hill and Lea Hill PAAs
effective January 1, 2008 subject to voter approval, and to engage the residents of those PAAs in
a collaborative public outreach effort with King County in support of said annexation the County
is willing to: (1) reimburse the City up to $20,000 of the City's costs for joint public outreach
activities in support of annexation of the West Hill and Lea Hill PAAs which activities may
include surveys, printing, meeting-related costs and similar activities; and (2) participate with the
City in the development and conducting of a series of public outreach meetings for this purpose.
The County and City further agree that one of these public outreach meetings shall be conducted
in the Lea Hill PAA with property owners in the area of the Lea Hill Urban Separator and that a
report on this outreach meeting shall jointly prepared by City and County staff and shall be
provided to the Growth Management Planning Council. Outreach activities are planned begin in
December 2006 and continue up to the date of the annexation election.
The City and County agree to work collaboratively in developing any survey instruments,
and any agendas and materials to be used in the public outreach meetings, which agendas and
materials shall be agreed to by the parties in advance of their use. The City will transmit to the
King County Office of Management and Budget an electronic copy of all materials used as part
of the funded public outreach program.
The payment of funds to the City shall be subject to submittal of invoices from the City
confirming the expenditure of funds consistent with this Memorandum. Invoices shall be
submitted to the King County Office of Management and Budget. The City shall be responsible
for compliance with state laws in respect to expenditure of all funds paid or reimbursed.
This Memorandum of Understanding shall be effective as of the last date signed by the
parties. The MOU shall terminate on the date of the ation e ini~unless extended by
mutual agree t of bot~garties. ~--
II __ _ ~_
~~ / ~~
Executive Ron Sims or Peter B. Lewis
King County City of Auburn
~2-~ iz
Dated: ~' ~ ~~ Dated:
Auburn Annexation Outreach Funding MOU draft dated 11-6-06