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Home My WebLink About5113 RESOLUTION NO. 5 1 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE AGREEMENT BETWEEN THE CITIES OF AUBURN AND SUMNER FOR ADJUSTMENT OF THE BOUNDARY BETWEEN THE CITIES OF AUBURN AND SUMNER WITH THE MOVEMENT OF CITY BOUNDARY TO THE OTHER SIDE OF THE ROADWAY OF A PORTION OF RIGHT-OF-WAY OF STEWART ROAD/ LAKE TAPPS PARKWAY EAST CURRENTLY WITHIN THE CITY OF AUBURN, PURSUANT TO RCW 35.13.310 WHEREAS, RCW 35.13.310 authorizes the legislative bodies of cities or towns to agree to adjust the boundaries between cities or towns that share a common boundary within a right-of-way of a public street, road or highway by moving the boundary between them to the other edge of the right-of-way; and WHEREAS, the City of Sumner is involved in a development with attendant public works projects along Stewart Road/Lake Tapps Parkway East, which development and projects would benefit from such an adjustment of the boundary between the City of Auburn and the City of Sumner, moving the boundary between the two cities to the other side of Stewart Road/Lake Tapps Parkway East; and WHEREAS, cities of Auburn and Sumner have reached an agreement to adjust the boundaries as provided herein; and WHEREAS, the adjustment of the boundary between such cities pursuant to RCW 35.13.310 is not subject to review by the Washington State Boundary Review Board for Pierce County. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is authorized to execute an Agreement between the cities of Auburn and Sumner for adjustment of the boundary between Auburn and Sumner along the portion of Stewart Road/Lake Tapps Parkway East, - - - - - - - - - - - - - - - - - - Resolution No. 5113 January 12, 2015 Pagel moving the boundary between the two cities to the other side of the roadway of Stewart Road/Lake Tapps Parkway East, in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" incorporated herein. Section 2. The effect of the boundary adjustment provided for herein is to remove the below-described right-of-way territory from within the City of Auburn and include it into the City of Sumner: LEGAL DESCRIPTION That portion of the City of Auburn in the Southwest quarter and the Southeast quarter of the Northeast quarter of Section 1, Township 20 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the intersection of the South line of said Northeast quarter and the West line of Burlington Northern Santa Fe Railroad right-of-way, being a point on the city limit line between City of Auburn and City of Sumner; THENCE North 00°54'30" West, 70.03 feet along said line; THENCE South 82°26'07"West, 137.30 feet along said line to the TRUE POINT OF BEGINNING; THENCE CONTINUING South 82°26'07"West, 10.75 feet along said common line; THENCE North 89°48'08" West, 474.24 feet along said line; THENCE North 88°25'14" West, 477.67 feet along said line; THENCE North 07°41'58" West, 155.36 feet along said line; THENCE North 82 005'39" East, 987.52 feet; THENCE South 00°57'23" East, 303.22 feet to the TRUE POINT OF BEGINNING. Containing 226,046 Square feet, more or less. SITUATE IN PIERCE COUNTY, WASHINGTON. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including transmitting a copy of this Resolution to the City Clerk of Sumner. Section 4. This Resolution shall be in full force and affect upon passage and signatures heron. It is provided, however, that the provisions set forth herein and the terms and conditions set forth in the attached agreement are subject to and conditioned upon the sale of the golf course property in Sumner that is prompting the jurisdictional boundary change. Should the sale of the golf course property not close by July 31, 2015, then this - - - - - - - - - - - - - - - - - - Resolution No. 5113 January 12, 2015 Page 2 Resolution and the attached Agreement shall immediately become null and void. - - - - - - - - - - - - - - - - - - Resolution No. 5113 January 12, 2015 Page 3 DATED and SIGNED this qS2!L day of��,,.� 2015. CITY AUB RN ANCY BACKUS AYOR ATTEST: - 4J,4 — 9 Danielle'-E. Daskam, City Clerk APPROVED TO FORM: aniel B. Heid, City ttorne - - - - - - - - - - - -- - - - - - Resolution No. 5113 January 12, 2015 Page 4 CONFORI"IE� COPY 02123120 54001:33:230 PM $0,OO S PGS AUDITOR, Pierce County, WASHINGTON Name&Return Address: CITY OF AUBURN CITY CLERK 25 WEST MAIN AUBURN, WA 98002 Washington State Recorder's Cover Sheet (RCw 65.04)Please print legibly or type information. DocumentTitle(s) Interlocal Agreement Adjusting Municipal Boundaries Grantor(s) CITY OF AUBURN, WASHINGTON Additional Names on Page of Document Grantee(s) CITY OF SUMNER, WA Additional Names on Page of Document Legal Description (Abbreviated:i.e.,lot,block&subdivision name or number OR section/township/range and quarter/quarter section) Complete Legal Description on Page of Document Auditor's Reference Number(s) Assessor's Property Tax Parcel/Account Number(s) Non Standard Fee$50.00 By signing below,you agree to pay the$50.00 non standard fee. I am requesting an emergency non standard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Party Requesting Non Standard Recording NOTE: Do not sign above or pay additional$50.00 fee if document meets margin/formatting requirements. The Auditor/Recorder will rely on the information provided on this cover sheet. Staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. N:\Recording\Forms\RecordingCoverSheet.docx Rev 7/14 AGREEMENT REGARDING ADJUSTMENT OF MUNICIPAL BOUNDARIES BETWEEN THE CITIES OF AUBURN AND SUMNER RELATED TO LAKE TAPPS PARKWAY THIS AGREEMENT is entered into between the City of Sumner, a Washington Municipal Corporation, located and doing business at 1104 Maple St, Sumner, Washington 9898390 ("Sumner") and the City of Auburn, a Washington Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ("Auburn"). RECITALS WHEREAS, both cities desire to work together for the mutual and overall benefit of their street systems in the vicinity of Lake Tapps Parkway; and WHEREAS, it is advantageous for a certain portion of Lake Tapps Parkway to be included within the city limits of the City of Sumner rather than its present position, located within the City of Auburn; and WHEREAS, such an adjustment of the boundaries between the two cities would make it also necessary for City of Auburn gravel and materials storage facilities to be relocated to a different position along Lake Tapps Parkway; and WHEREAS, Lake Tapps Parkway and certain areas in the vicinity currently utilize a common storm drainage system and stormwater pond; and WHEREAS, the cities have discussed these issues and have reached an agreement with respect to the adjustment of the boundaries between the two cities to provide for a portion of Lake Tapps Parkway currently located within the City of Auburn to be located within the City of Sumner, adjusting the boundary between the two cities accordingly, and relocation of the City of Auburn gravel and material storage areas. NOW, THEREFORE, Auburn and Sumner hereby agree as follows: A. AUBURN AND SUMNER MUNICIPAL BOUNDARIES REVISION 1. Sumner shall maintain two westbound continuous flow travel lanes bypassing the new signalized intersection as proposed by Sumner and Auburn and attached as Exhibit A. and known as the "Annexation Area". 2. All existing public infrastructure facilities within the Annexation Area will become Sumner's property and maintenance responsibility; except that when Auburn is sanding or treating roads in the vicinity, it will continue to sand or apply treatment to the annexation area. 1 3. Existing Auburn Street lighting facilities within the Annexation Area shall be re-wired by Sumner to be served by a Sumner-owned power service and separated from Auburn's facilities. 4. Roadway storm drainage from the Annexation Area is the responsibility of Sumner and will be entering Auburn's Stormwater Pond Facilities known as "Trillium Stormwater Pond". 5. Stormwater from Lake Tapps Parkway drains to the Trillium Stormwater Pond through a drainage pipe system, Sumner and Auburn wish to set forth their agreements regarding the Trillium Stormwater Pond and related matters as follows. a. Trillium Stormwater Pond. Auburn will maintain the Trillium Stormwater Pond in compliance with City of Auburn Design and Construction Standards to meet the requirements of the calculated "100 year design storm" pursuant to the approved Pierce County plans. Sumner agrees to allow ongoing access to Auburn for the maintenance of the Trillium Stormwater Pond and secure any necessary property rights to allow access from the proposed pedestrian trail. Sumner agrees to provide a driveway cut on Lake Tapps Parkway in a location that is mutually acceptable to the Parties and consistent with the intent of this Agreement. b. Maintenance of Stormwater Connection Facilities. Sumner will inspect, maintain and remove accumulated sediments annually for the stormwater pipes connecting Sumner's storm system to Auburn's Trillium Stormwater Pond. Sumner agrees to continue to allow and provide for the existing drainage from Auburn's jurisdiction through the stormwater pipes as they are currently configured within the Annexation Area. C. Clean-Up. In the event of a spill of Hazardous Substances from Lake Tapps Parkway into the Auburn Trillium Stormwater Pond, Sumner will undertake immediate response as required by law, including, but not limited to, reporting to appropriate agencies, and pursue enforcement of all required remediation and cleanup efforts until they are completed and the cleanup and/or remediation has been approved by appropriate governmental agencies. d. Hazardous Substances Defined. As used herein, the term "Hazardous Substances" means any hazardous, toxic, chemical, or dangerous substance, pollutant, contaminant, waste or material, including petroleum, which is regulated under any federal, state, or local statute, ordinance, rule, regulation, or common law relating to chemical management, environmental protection, contamination, or cleanup including, without limitation, the 2 Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended, the Resource Conservation and Recover Act as amended. B. RELOCATION OF AUBURN GRAVEL AND MATERIAL STORAGE FACILITIES 1. Sumner shall provide for the relocation of the existing Auburn Gravel and Material Storage Facilities and the construction of a Covered Dual Chamber Material Storage Facility including paved access to the facility for City of Auburn Maintenance & Operations use on the south side of Stewart Road at a location agreed to by both parties. 2. Sumner shall provide all necessary public access easements to Auburn for the Material Storage Facility and Non-Motorized Trail. Within 120 calendar days of the completion of the final design for ingress and egress from the golf course property is completed, the Parties will work cooperatively to complete a final legal description and necessary Exhibits for Auburn's access to the material Storage Facility and Non-motorized Trail. Sumner agrees to execute any and all easements and any other necessary documents to effectuate the intent of this section. C. PERPETUAL EASEMENT TO AUBURN GRAVEL AND MATERIAL STORAGE FACILITIES 1. Within 120 Calendar days of the completion of the final design for ingress and egress from the golf course property is completed, the Parties will work cooperatively to complete a final legal description and necessary Exhibits for Auburn's access to the material Storage Facility and Non-motorized Trail. Sumner agrees to execute any and all easements and any other necessary documents to effectuate the intent of this section. D. MISCELLANEOUS 1. Termination. This agreement shall terminate only upon agreement of both parties 2. Governing_Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the cities under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each city. 4. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect 3 the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 5. Entire Agreement. Written provisions and terms of this agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either city, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached exhibits contain the entire agreement between the parties. Should any language in any exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. THE CITY OF AUBURN THE CITY OF SUMNER N NCY BA , MAYOR DAVE ENSLOW, MAYOR APPROVED BY AUBURN CITY COUNCIL MOTION ON—��,�`a� _Z) , 20 V5 . APPROVED BY SUMMER CITY COUNCIL RESOLUTION NO. 1419 ON JANUARY 20, 2015. ATTEST: ATTEST: (SEAL) 6,a-A-4� (SEAL) DANIELLE E. DASKAM ERRI BERRY AUBURN CITY CLERK SUMNER CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: IEL B. HEID BRETT VINSON AUBURN CITY ATTORNEY SUMNER CITY ATTORNEY 4