HomeMy WebLinkAbout4905 RESOLUTION NO. 4 9 0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT AMONG THE CITY OF AUBURN, KING
COUNTY, AND THE KING COUNTY FLOOD CONTROL
ZONE DISTRICT FOR EASEMENTS ASSOCIATED WITH
THE REDDINGTON LEVEE EXTENSION AND SETBACK
PROJECT
WHEREAS, the King County Flood Control Zone District ("District") and King
County ("County") are each authorized to provide flood control improvements and flood
protection services throughout the geographic area of King County; and
WHEREAS, the Reddington Levee Extension and Setback Project will address
significant flood risks to people, property and infrastructure within the City and assist the
City in providing important flood protection measures to its citizens; and
WHEREAS, the City, the County, and the District desire to work cooperatively to
bring about the successful completion of the Reddington Levee Extension and Setback
Project in a timely and efficient manner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Interlocal Agreement between the City, King County, and the King County Flood Control
District for conveyance of easements on City properties for the purpose of facilitating
the construction, operation, maintenance and repair of the Reddington Levee Extension
and Setback Project, which agreement shall be in substantial conformity with the
agreement attached hereto as Exhibit A and incorporated herein by this reference.
----------------------------
Resolution No. 4905
February 5, 2013
Page 1 of 3
Section 2. That the Mayor is authorized to implement such 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.
Dated and Signed this \'�- day of , 2013.
AUBURN
. ---"
P TER LEWIS, MAYOR
ATTEST:
anielle E. Daskam, ity Clerk
APPROVED AS TO FORM:
Da ' I 6- ity Attorn y
----------------------------
Resolution No. 4905
February 5, 2013
Page 2 of 3
Exhibit A— City of Auburn, King County Flood Control Zone District
Interlocal Agreement for Conveyance of Easements Associated with the
Reddington Extension and Setback Project
Resolution No. 4905
February 5, 2013
Page 3 of 3
Exhibit A— City of Auburn, King County Flood Control Zone District
Interlocal Agreement for Conveyance of Easements Associated with the
Reddington Extension and Setback Project
Resolution No. 4905
February 5, 2013
Page 3 of 3
CITY OF AUBURN,KING COUNTY AND KING COUNTY FLOOD CONTROL.ZONE
DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
ASSOCIATED WITH THE REDDINGTON LEVEE EXTENSION AND SETBACK
PROJECT
THIS INTERLOCAL AGREEMENT made and entered into,pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
,2013,by and among the City of Auburn, a municipal corporation of the State of
Washington(hereinafter referred to as the "City"), the King County Flood Control Zone District, a
quasi-municipal corporation of the State of Washington("KC Flood District") and King County, a
political subdivision of the State of Washington("King County"), as Service Provider to the KC
Flood District,under a separate interlocal agreement by and between King County and the KC
Flood District. The term"District" shall hereinafter refer to both King County and the KC Flood
District collectively; otherwise KC Flood District or King County shall refer to each in their
separate capacity.
WITNESSETH:
WHEREAS,the KC Flood District and King County are each authorized to provide flood
control improvements and flood protection services throughout the geographic area of King County;
and
WHEREAS,both the KC Flood District and King County have adopted the 2006 King
County Flood Hazard Management Plan, and the Plan recommends a project to set back and extend
the Reddington Levee,to be located on the left bank(West) of the Green River in the City,between
26th Street NE and S 277 'Street("Reddington Levee Project") ; and
WHEREAS,the Reddington Levee Project will address significant flood risks to people,
property and infrastructure within the City and assist the City in providing important flood
protection measures to its citizens; and
WHEREAS,the City holds title to properties, in which the District has the need to acquire
interests to allow for the construction, operation and maintenance of the Reddington Levee Project;
WHEREAS, in accordance with the terms of this Agreement, the City is agreeable to
conveying the property interests on the lands it holds title to for the purposes of facilitating the
construction, operation,maintenance and repair of the Reddington Levee Project ; and
WHEREAS, the City and the District desire to work cooperatively to bring about the
successful completion of the Reddington Levee Project in a timely and efficient manner;
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 1 of 10
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. Purpose of the Agreement.
The purpose of this Agreement is to set forth the conditions under which the City will
convey non-exclusive easements to the District in support of the District's Reddington Levee
Project.
2. Background.
The District is requesting non-exclusive easement rights to 22.9 acres on seven(7) City-
owned parcels for the construction of the District's Reddington Levee Project. The District is
proposing to construct the Reddington Levee Project in two phases. Phase 1 is proposed to extend
from within the City's Brannan Park(Generally, 26`h ST NE)north to the north boundary of the plat
of Auburn 40 (a.k.a.plat of Monterey Park) and for this phase construction is anticipated to begin in
2013 or 2014. As a result of permitting requirements,this Phase 1 may be further divided into
subphases both as to timing and location of construction. The District agrees to consult with the City
on any such subphasing decisions. Phase 2 is proposed to extend from the northern terminus of
Phase 1,north to S. 277th Street. The funding and timing of Phase 2 has not yet been determined.
This Agreement is intended to address obligations and responsibilities related to both phases of the
Reddington Levee Project.
3. Administration.
a. No new entity is created by this Agreement.
b. The City and King County shall each appoint a representative to manage activities
covered under this Agreement and to work to resolve any conflicts that arise
("Administrators"). The Administrators shall meet as needed. Either Administrator is
authorized to convene a meeting with a minimum of seven calendar days written notice
to the other, if an in-person meeting is warranted. If a conference phone call is
appropriate, it shall be convened with the same written notice and timing.
c. Any conflict that is not resolved by the Administrators within ten working days of the
meeting or conference held to discuss the conflict shall be referred for resolution to the
City's Assistant Director of Public Works/City Engineer, or his/her designee, and the
King County Division Director of the Water and Land Resources Division. If the
conflict cannot be resolved by the City's Assistant Director of Public Works/City
Engineer, or his/her designee, and the Division Director of Water and Land Resources
Division, it shall be resolved by the City's Director of Public Works, or his/her
designee, and the Director of the Department of Natural Resources and Parks of King
County.
4. City's Obligations:
a. The City agrees to provide the District with easements in accordance with the
compensation and consideration described below on the following parcels and as shown
on the map at Exhibit A:
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 2 of 10
City-Owned Parcels Easement Acreage
Reddington Levee Setback and Extension Phase 1
1 Former Crista Ministries, Parcel#0004000098 6.92
StormWater Facility-Bioswale Tract, Parcel
2 #7338001230 3.85
3 Brannan Park, Parcel#0001000081 2.99
Riverpoint Plat Park-Tract"D,"Parcel
4 #7338221190 3.50
Auburn 40 Plat Park—Tract`E,"Parcel
5 #0301402420 3.25
Reddington Levee Setback and Extension Phase 2
Trail Run Plat Park-Tract"O,"Parcel
6 #8669180500 0.92
Trail Run Plat Park-Tract"P,"Parcel
7 1 #8669180500 1.47
Total 22.90
5. District's Obligations:
a. City Stormwater Utility(Enterprise Fund)Land
(1)The District shall pay the City the sum of One Hundred Forty Two Thousand, Five
Hundred Eleven Dollars and No Cents($142,511.00)for the 10.77 acres of
easement encumbrances on the City stormwater-utility owned, former Crista
Ministries Parcel (Parcel#0004000098, 6.92 acres), and the Stormwater Facility-
Bioswale Tract(Parcel#733001230, 3.85 acres).
(2)In addition,the District will be responsible for replacing the equivalent functionality
of the existing bioswale located on Parcel#7338001230,hereafter referred to as
"stormwater quality swale"or"swale". The replacement facility shall be on the
landward side of the Levee. The District's responsibility shall include all necessary
land use or construction permitting, design, construction, inspection, and one year of
post-construction performance monitoring, so that there will be no additional
expense to the City on this item. The District's replacement of the swale shall
include the following:
(i) Be completed in general conformance with the City's Public Facility Extension
(FAC)process.
(ii) `Equivalent functionality" shall mean that the swale has a similar length, cross-
section and hydraulic characteristics (travel time and flow depth) as the design of
the existing water quality treatment facility shown on Auburn's construction
drawings for project number C8049A,which provides treatment for flow rates
up to 7.7 cfs and accommodates a discharge conveyance capacity of 25 cfs from
the existing Brannan Park Storm Drainage pump station. The parties agree that
the new swale and associated pipes will be designed to treat 7.7 cfs of flow and
accommodate a discharge from the pump station at a flow rate of 15 cfs,
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 3 of 10
provided the pump station can be modified to discharge an additional 10 cfs of
flow directly to the river in a manner acceptable to the City. City and King
County staff may agree to alternative or additional equivalent functionality
criteria.
(iii)The City shall have the opportunity to review and comment on the plans
developed by the District for the swale replacement prior to finalization,
permitting and approval. The District shall cooperate and work to incorporate
City's comments prior to finalization,permitting and approval. Additionally,the
City shall have the opportunity to inspect the construction and provide
comments.
(iv)The District shall sequence its project activities to ensure that the full equivalent
functionality of the existing bioswale is in place by the completion of the
corresponding phase or subphase of construction that results in the removal of
the existing bioswale facility. The District may install temporary measures;
however, treatment functionality must be maintained throughout construction
Upon completion of construction of the bioswale,the one year monitoring
period shall begin.
b. Parkland Washington State Recreation and Conservation Office(RCO) Conversion
(1)The District shall fully fund the City's obligation to satisfy the RCO conversion
requirements for the 2.99 acres at Brannan Park(Parcel#0001000081)and shall
work with the City to replace the Brannan Park acres with 2.99 acres at another
location acceptable to the City.
(2)The City and King County shall determine whether any proposed replacement
property is "available and in an acceptable location and configuration" using the
following process: The City and King County shall cooperate to determine suitable
areas based on areas not needed for replacement of the River Mobile Home Park due
to Reddington Levee Project displacement, and based on existing easements and
restrictions and existing stormwater facilities affecting the former Crista Ministries
parcel. The potential for relocating any existing easements and restrictions or
existing stormwater facilities currently affecting the former Crista Ministries parcel
may also be evaluated and accomplished by King County. The location and
configuration of the replacement City park land shall be determined in consultation
with the City Director of Parks,Arts and Recreation. The City shall initiate and
process a boundary line adjustment or other land use process through the City's
development review to transfer ownership of the property from City's stormwater
utility to the City's general fund.
(3) If property on the former Crista Ministries site is available to satisfy the conversion,
the District shall fund all City costs associated with converting the stormwater
property including but not limited to:
(i) Conduct a new appraisal (under the process described in(4)below),
(ii)Perform the process required for any boundary line adjustment, if needed, and
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 4 of 10
(iii)Negotiate and complete title work and petition process with RCO.
In the event that the former Crista Ministries site is not available or acceptable,then
the parties will seek a mutually agreeable solution to replace the Brannan Park
Property.
(4) If the District acquires the former Crista Ministries property, it shall pay the City the
fair market value as determined using the following process: The District shall, at its
sole expense, obtain an appraisal. If the City disagrees with the appraisal,it may hire
its own appraiser at its own expense. If the two appraisals are within 10 percent of
each other,the parties agree to split the difference between the two appraisals. If
they are not within 10 percent, each appraiser will jointly select a third appraiser,
whose appraisal value shall be the final value used and whose appraisal preparation
cost shall be split equally between the City and District.
c. Trail Improvements.
(1) As consideration for lost park land from the City's park resources,the District shall,
at its sole expense, design and construct a paved trail on the entire length of the
Phase 1 of the Reddington Levee Project, so that the top of the levee meets King
County's multi-use paved trail specifications and so that the trail is consistent with
the design of the Green River Trail. After construction,the trail shall become part of
the County's regional Trail System, and the County shall be responsible for the
operation and maintenance of the trail. The trail shall contain a minimum of three
separate public access points that conform to the slope requirements of the
Americans with Disabilities Act(ADA),as mutually agreed upon by the City and
District,with the purpose of allowing the public to access the trail at the top of the
levee from current or planned public roads or trails within the immediate vicinity of
the Reddington Levee Project. In the event that the configuration of the Reddington
Levee Project generates the need for the trail to be utilized by the City to access its
utility facilities,then the parties will seek a mutually agreeable solution for such
access including the creation or addition of access points from the trail or from other
locations to said facilities, subject to approval of King County Parks.
(2)If the District constructs Phase 2 of the Reddington Levee Project,the District agrees
to pave,at its sole expense,the top of the Phase 2 levee to the same specifications
stated in Section 5c(1)above for use as a recreational trail.
(3) The City agrees to convey, at no additional cost to the District, except for the
consideration specified in Section 5.a., easements to the District over the City-owned
parcels necessary for the District to complete the District's Reddington Levee Project
and to complete said trail improvements.
(4) If and when the District constructs Phase 2 of the Reddington Levee Project,the City
will convey easements for the Reddington Levee Project needed from Trail Run Plat
Park- Tracts "0"and "P," when the District has a confirmed date to begin Phase 2
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 5 of 10
construction.
(5)For each phase of the Project,the City will retain rights to the levee top trail over city
owned property and for accessing the levee trail at a minimum of three (3)mutually
agreed upon selected points along the trail and retain rights for pedestrian and hand-
carry boat access to the water of the Green River. Easement locations will be
coordinated by the District during the design phase prior to construction with City
and King County Parks approval of final levee plans that illustrate public access
points.
(6) The District agrees to exercise its best efforts in helping the City acquire rights in
real property that would allow the City, at its sole expense, to construct a temporary
trail on District or other property for the purposes of connecting the north end of the
Phase 1 trail to the public trail along 277th Street. To the extent that King County
has or obtains real property interests in the location of such proposed temporary trail,
King County agrees to undertake a good faith effort to convey to the City rights
sufficient to allow the construction and maintenance of such temporary trail. If
Phase 2 of the Reddington Levee Project is not constructed, the Parties will work
towards finding a means that would allow the public to continue use of the
temporary trail. If Phase 2 of the Reddington Project is constructed,the Parties agree
that such rights of the City referred to in this subsection 6 shall terminate upon
construction of a connecting trail as part of Phase 2 of the Project or upon District
construction of the regional trail segment.
6. Preparation and recording of easements.
a. The District will prepare drafts of all easement documents in a form acceptable to the
City.
b. The District will be responsible for recording all easements, and for providing copies to
the City.
7. Indemnification.
The City and the District agree that each shall indemnify and hold the other party and its
agents, employees, and/or officers, harmless from and shall process and defend at its own expense
any and all claims, demands, suits, at law or equity, actions,penalties, losses,damages, or costs,of
whatsoever kind or nature, brought against the indemnified party arising out of, in connection with,
or incident to the execution of this Agreement and/or the indemnifying party's performance or
failure to perform any aspect of this Agreement;provided,however,that if such claims are caused
by or result from the concurrent negligence of the indemnified party, its agents, employees, and/or
officers,this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the indemnifying party; and provided further,that nothing herein shall require the indemnifying
party to hold harmless or defend the indemnified party, its agents, employees and/or officers from
any claims arising from the sole negligence of the indemnified part, its agents, employees, and/or
officers. No liability shall attach to any party by reason of entering into this Agreement except as
expressly provided herein. This Agreement and any activities authorized hereunder shall not be
construed as granting any rights or privileges to any third person or entity, or as a guarantee or
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 6 of 10
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability by the City,
King County, and/or the KC Flood District, granted under state statute, including Chapters 86.12
and 86.15 of the Revised Code of Washington(RCW), or as otherwise granted or provided for
by law.
8. Waiver of Subrogation.
The parties hereby mutually release each other from liability and waive all right of recovery
against each other for any loss caused by fire or other perils which can be insured against under fire
insurance contracts including any extended coverage endorsements thereto which are customarily
available from time to time in the State of Washington,provided, that this paragraph shall be
inapplicable to the extent that it would have the effect of invalidating any insurance coverage of any
Pte'•
9. Compliance with rules and regulations
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
10. Assignment
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other parties.
11. Attorney's fees
If any parry shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by another parry with respect to this
Agreement, and in the further event that one or more parties shall substantially prevail in such
action,the losing party shall, in addition to all other payments required therein,pay all of the
prevailing party's or parties' reasonable costs in connection with such action, including such sums
as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any
appellate courts.
12.NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed,they shall be sent
to the following respective addresses:
To King County:: To the City:
Christie True, Director, Dennis Selle,Asst. Public Works
King County DNRP Director/City Engineer
201 S Jackson Street, Suite 700 25 W. Main Street
Seattle, WA 98104-3855 Auburn, WA 98001
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 7 of 10
To the KC Flood District:
Kjris Lund
Executive Director
516 Third Avenue Room 1200
Seattle, WA 98104
or to such other respective addresses as any party hereto may hereafter from time to time designate
in writing. All notices and payments mailed by regular post(including first class) shall be deemed to
have been given on the second business day following the date of mailing, if properly mailed and
addressed. Notices and payments sent by certified or registered mail shall be deemed to have been
given on the day next following the date of mailing, if properly mailed and addressed. For all types
of mail,the postmark affixed by the United States Postal Service shall be conclusive evidence of the
date of mailing.Notices may be provided by electronic mail, and shall be considered to have been
given on the day after the electronic mail message is sent.
13. NONDISCRIMINATION
Each of the parties, for itself, its heirs,personal representatives, successors in interest,and
assigns, as a part of the consideration hereof,does hereby covenant and agree that it will comply
with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color,national origin, sex, age, or the presence of any sensory,
mental or physical handicap be discriminated against or receive discriminatory treatment by reason
thereof.
14. MISCELLANEOUS
a. All of the covenants, conditions and agreements in this Agreement shall extend to and
bind the legal successors and assigns of the parties hereto
b. This Agreement shall be deemed to be made and construed in accordance with the laws
of the State of Washington. Jurisdiction and venue for any action arising out of this
Agreement shall be in accordance with RCW 36.01.050.
c. The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
d. The duration of this Agreement shall extend until the completion of the construction of
Phase 2 of the Reddington Levee Project. Notwithstanding the preceding sentence, in
the event that the parties mutually agree in writing after construction of Phase 1 of the
Reddington Levee Project that the construction of Phase 2 of the Reddington Levee
Project should be postponed indefinitely,then this Agreement shall terminate upon the
date of the execution of such writing.
e. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the parties.
f. Unless otherwise specifically provided herein, any real property to be held in connection
herewith,if applicable, shall be held as the separate property of the party or parties in
whose name(s)the property is/was acquired.
g. No provision of this Agreement shall relieve any party of its public agency obligations
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 8 of 10
and or responsibilities imposed by law.
h. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall,to any extent,be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter,the remainder of this Agreement
or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable shall not be affected thereby and shall
continue in full force and effect, unless such court determines that such invalidity or
unenforceability materially interferes with or defeats the purposes hereof, at which time
either party shall have the right to terminate the Agreement.
i. This Agreement constitutes the entire agreement among the parties. There are no terms,
obligations, covenants or conditions other than those contained herein.No modifications
or amendments of this Agreement shall be valid or effective unless evidenced by an
agreement in writing signed by all of the parties.
j. Pursuant to RCW 39.34.040, a copy of this Agreement shall be filed with the Auburn
City Clerk, recorded with the King County Auditor, or made available on the City or
County web sites, in the sole discretion of the Parties.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
KING COUNTY CI URN
q ��a
Peter B. Lewis,Mayor
Its:
Attest:f,j�
Danielle Daskam, City Clerk
Approved as to form:
Dep�t� rosecuting Attorney Daniel B. Heid, City Attorney
KING COUNTY FLOOD CONTROL,
ZONE DISTRICT-
By:
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 9 of 10
Its:
Approved,,,a to form:
Attorney for ood istrict
EXHIBIT A
MAP
CITY OF AUBURN,KING COUNTY,AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
02.15.13
Page 10 of 10
Co inty/District Easement Areas from Auburn
—' City properties are identified and noted whether
Legend Flessement covers entire parcel or only a portion of
-Myer ceneun-10W the parcel e,
----Minor COnfWn-2 bo1 ..-_
Petal Banaedu
=Ulllli Easement
ol15 River Mlle Mall alb NumGer
�11Oi'i s10\` Tract O-a portion
o smaana l s \ (upon construction
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Hill
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fir. �i .��� -- �; scheduling of Phase 2)
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it �� `^` Port of Seattle-no
I A -� acquisition this time.
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let Port satisfy existing
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Reddington Levee Setback and Extension 12KiwCountr Exhibit A-Easement Areas to be Conveyed by the City
awnreaw.lae.e..uae of Auburn
PROPOSED LEVEE ALIGNMENT