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HomeMy WebLinkAbout5135 l RESOLUTION NO. 5 1 3 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A WATER SERVICE AREA BOUNDARY LINE AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE WHEREAS, the Gity of Auburn and the City of Bonney Lake (the Cities) each own and operate public water systems, are purveyors of potable water, and provide water services within the boundaries of the Cities' respective water senrice areas; and, WHEREAS, the City of Auburn is presently revising and updating its six-year comprehensive water plan, and WHEREAS, the Cities' respective water services areas adjoin and abut one another in the "Lakeland Hills South" area of Pierce County, where the Cities' water service areas are demarcated by an border or boundary line identified and described in service area ag�eement dated December 10, 1998 (approved by and appended to COA Res. No. 3018) ("Service Area AgreemenY'); and WHEREAS, the Cities mutually desire to revise and adjust the border line separating their respective water service areas, presently described in Service Area Agreement, as amended by the February 14, 2005 addendum to the March 1998 Settlement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Water Service Area Boundary Line Agreement between the City of Auburn and the City of Bonney Lake, -------------------------------------- Resolution No. 5135 � March 16, 2015 Page 1 of 2 which agreement shall be in substantial conformity with the agreement attached hereto as "Exhibit A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ' Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. � Dated and signed this � �day of , 2015. CITY OF UBURc!�O� P / J G7 JOHN HOLMAN, DEPUTY MAYOR FOR NANCY BACKUS, MAYOR ATTEST: ��r��`� Danielle E. Daskam, City Clerk APP V D FOR : D iel B. Heid, City Attorney ---------------------------- Resolution No. 5135 March 16, 2015 Page 2 of 2 RESOLUTION NO. 5135 EXHIBIT A INTERLOCAL AGREEMENT AMONG THE CITIES OF AUBURN AND BONNEY LAKE FOR REVISION OF WATER DISTRICT BOUNDARIES �ITERLOCAL AGREEMENT ANIONG THE CITIES OF AUBURN AND BONNEY LA[� FOR REV[SION OF�VATER D[STRICf BOUND.ARIES THIS INTEI2LOCAL AGREENIENT is made and entered into,purs�-an, t�o the Intedocal Co erafion ct, Chapter 3934 of the Revised Code of Washington, on the COA'� a th C TY r�� , 2015, by and among the CITY OF AUBURN ( ) OF BONNEY LAKE, municipal corporations of the State of Washington (collectively, the "Cities"). RECITALS: 1, Wt1EREAS, the Cities each own and operate public water systems pursuant to Chapter 70.119 RCW, are purveyors of potable water, and provide water services within the boundaries of the Ciries' respective watcr service xreas; and, 2. WE�REAS, the City of Aubum is presently revising and updating its six-yeaz comprehensive water plan, as required by the state Department of Health pursuant to RCW 70.116 and WAC 246-290-100; and 3. WHEREAS, the Cities' respective water scrvices areas adjoin and abut one another in the "Lakeland Hills South" area of Pierce County, �vliere the Cities' water service areas are demarcated by an border or boundary line identified and described in service area agreement dated December 10, 1998 (approved by and appended to COA Res. No. 3018) ("Service Area AgrecmcnP'); and 4. �VHEREAS, Cities' respective water rights and obligations had been the subject of litigation which was resolved amicably pursuant to settlement agreement between the Cities dated March 5, 1998 (approved by and appended to COA Res. No. 2925) (the "March 1993 Settlement Agcement"), the terms and conditions of �4hich continue to apply to the Cities and shall be interpreted consistently with the change in lioundary lines agreed upon herein; and 5. �VHEREAS,on February l4, 2005, the Cities executed an addendum to the March 1998 Settlement Agreement, to revise the boundary relating to one tax parcel, which does not otherwise affect the March 1998 Settlement Agreement; and 6. WHEREAS, the Cities mutually desire to revise and adjust the border line sepazating their respective water service areas, presently described in Service Area Agrccmcnt, as a�nended by the February 14, 2005 addendum to the March 1998 Settlement Ageement. NOW THEREtORG in consideration of their muhial covenants, conditions and promises, THE CITIES DO HEREBY AGREC as follows: L The boundary lute between and separating the Citics' respective water service areas, previously establisl�ed and described ui Service Area Agreement, as amended by the Page 1 February l4, 2005 addendum to the March 1998 SetHement Agreement, is hereby revised and adjusted pursuant to the legal descriptions nnd surveyor's map attAChed hereto as Exhibit"A" and Exhibit"B",respectively; and 2. This revision oFwater service azeaboundary lines shall be effective immediately. IN WITNESS WHEREOF We parties hereto have executed this Agreement as of lhe day and yeaz first above written. CITY OF A URN CITY OF BOYDiEY LAKE `��`���°`���°``�y�,�" � �C,� �Nch ay v�GCYws S�-7/5� Nancy Backus, Mayor Date Neil Johnson, ayor Date Attest: Attest: �C�"""+'`�'� . _�� _ _ �� -����� '1� ��--Eity Clerk � �ty Clerk Approved as to Form: Approved as to Form: ��AA}.W�Y�'��OM1� `^I ,\MI�_1'1J '� � S II II) Daniel B. Heid, City Attorn y Date Kathleen Haggazd, City Atto r� Date Page 2 Exhibit "A" Legal Description for Water Service Area Legal descrlption for the updated Auburn/Bonney Lalce Water Servlce Areas of Sectlon 6,Townshlp 20 North, Range 5 East,W.M„ in Plerce County,Washington to supersede and replacethe descriptfon contained In Service Area Agreement dated December 10, 1998 (City of Auburn Resolution 3018); A Line described as the border 6etween the City of Auburn and Bonney Lake Water Service Areas more fully described as follows(using basis of bearings of Record of Survey recorded under Auditor's File Number 200102265002 and plat of Verona recorded under Auditor's File Number 200310145002 records of Pierce Coun[y): Beginning at the South Quarter Corner of said Section 6,thence N 11°23'S1" E a distance of 706.18 fee[ to the south line of Lot 4 of City of Auburn Short Plat SPL01-0007 recorded under Auditor's File Number 200211145001records ofsaid county; Thence S 71°21'43"E along safd south line a distance of 290.27 feet to the beglnning of a curve to the left having a redius of 1940.00 feet; Thence southeasterly 284.29 feet along said curve through a centrel angle of OS°Z3'46"; Thence 5 83°10'43"E along said south line a distance oF 73.72 feet to the beglnning of a curve to the left having a redius of 1937.00 feet; Thence easterly 463.31 feet along sald curve feet through a central angle of 13°42'17" to the most southeasterly corner of said Lot 4; Thence N 20°03'29"W along the east line of said Lot 4 a distance of 26.26 feet to the most southerly corner of Lot 62 of the plat of Verona recorded under Auditor's File Number 200310145002, records of sald county; Thente northwesterly and northerly along the southwesterly line of said plat of Verona the following courses and distances: N 81°07'30" W a distance of 359.40 feet; N 69°56'06"W a distance of 202,35 feet; N 67°01'04"W a distance of 214.84 feet; N 54°28'29" W a distance of 6834 feet; N 06°34'S7" E a distance of 144.08 feet; N 00°41'S5" E a distance of 125.75 feet N 27°10'17"W a distance of 85.46 feet; N 37°27'03" W a distance of 91.12 feet; N 52°37'34"W a distance of 191.60feet; N 61°56'46"W a distance of 51.06 feet; N 77°45'32" W a distance of 89.47 feet; S 87°24'S0"W a distance of 96.39 feet; 5 75°52'22"W a distance of 123.67 feet; 5 66°03'17" W a distance of 126.14 feet; N 70°27'S2" W a distance of 122.25 feet; N 35°32'S6"W a distance of 149.01 Feet; N 14°48'47" W a distance of 67.81 feet; N 24°51'43"W a distance of 82.36 feet; N 09°22'10" W a distance of 313,13 feet; N 06°04'45" W a distance of 184.91 feet; N 12°13'20"W a distance of 198.22 feet; N 00°12'03"W a distance of 186,02 feet to the southwest corner of Lot 33 of Verona Division 2 recorded under Auditors File Number 200502175007,records of said county; Thence along tfie westerly line of said plat of Verona Division 2 the following courses and distances: N 00°12'03"W a distance of 76.43 feet; N 11°39'16" E a distance of 94.45 feet; N 34°03'49" E a distance of 361.98 feet; N 15°33'17" E a distance of 93.08 feet; N 00°29'31" E a distance of 443:26 feet; N 03°22'34" W a distance of 148.01 feet; N 34°Ol'25" E a distance of 159.32 feet; N 49°38'41" E a dlstance of 74,88 feet; N 40°40'OS" E a distance of 51.82 feet; N 32°41'03" E a distance of 101.58 feet; N 38°36'S3" E a distance of 82.95 feet; N 27°59'38" E a distance of 62.43 feet; N 26°06'34" E a distance of 277.03 feet N 73°07'14" E a distance of 30.00 feet; S 58°56'19" E a distance of 45.00 feet; N 49°08'll" E a distance of 99.74 feet to the most northerly corner of Tract A of said plat of Verona Division 2 and the southerly margin of Panorema Drive SE as described In Warranty Deed recorded under Auditor's File Number 200105040368,said corner being at a point of non- tangent curve to the lek having a radius of 454.00 feet(the radius center bears N61°35'41"E); Thence southeasterly 311.66 feet along said curve and said southerly margin through a centrel angle of 39°39'S6"; Thence continuing along said southerly margin S 67°44'15" E a distance of 23.06 feet to the beginning of a cur0e to the right having a radius of 25.00 feet; Thence southeasterly and southerly 37.96 feet along said curve through a central angle of 86°59'27",an arc length of 37.96 feet to the westerly margin of Evergreen Way SE as described In Warranty Deed recorded under Audito�'s File Number 200105040368 and the beginning of a reverse curve to the left having a radius of 927.50 feet; Thence southerly 140.60 feet along said curve and said westerly margin through a central angle of 08°41'08",an arc length of 140.60 feet; Thence N 55'00'00" E along said southeasterly margin of Evergreen Way SE a distance of 166.23 feet to the beglnning of a curve to the lek having a radius of 430.00 feet; Thence northeasterly 283.27 feet along said curve and said southeasterly margin through a centrel angle of 37'44'40" to the beginning of a compound curve to the left having a radius of 1030.00 feet; Thence northeasterly 16.98 feet along said curve and sald southeasterly margin through a central angle of 00'S6'40" to the most northerly northwest corner of Lot 22 of said plat of Lal<eland Division 1,Phase 2,and the north line of Section 6,Township 20 North, Range 5 East,W.M.; Thence along last sald north line S 88°34'43"E a distance of 808.02 feet to the northeast corner of Said Section 6 and the terminus of thls Ilne description. The basis of bearings for this description is Record of Survey for Segregatlon prepared by Apex Engineering dated February 26, 2001 and recorded under Auditors File Number 200102265002, records of Pierce County,Washington. O:�Sl1RVEY\PPOlERSW.OMalO�W a[er\BOnney LaNe W al¢t Servim area\Legal Descrlptlan W a�er Servlce Arm O141�]OtS.tlou TM1e mml NoMMy NaMxml camm ol�ol]3 LnktlanE Oiv 1,PMao t . ._..—.L___�t Kln Counl � , f . /' � � _I rv ara�s..l _ �_.� — �V `— _'_ ' ._ E Cem (� ' —1 � " �C/ �.. L s onon a�z �` � . . ./�,` I_ _' m-n \ \�1/ 1 � ..1..�' � I ie e ba t � -1`. _. .-��_.._.<.r,�•.�' q��_r f_T. ..... i y -� � � `.\ � 1 \ �\��.._} �� �' ` v. - � `' � �' \ \_ '.. {�s� \�.q���j,. , � \ � \ ,��� \�\\ �� ` � �N q�y � � 1 / ` °s /J / P ( � � ., .� .\ ( . ��� �rY tvI�� J �� / \\/ ,�\\ /'� �` B�Q/ .�9+��5���— — � //`� J,�-��� ;% � 1!- � '°S / � NW[amB101 \ � � • \ _ — / HoeNanrootle� lekelond Phme IV BuNorM1elwnenCllyolAmw� �„- \\ � ` ! 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I L'.i`_�/ Il�.-� -� Exhibit "B" ' Auburn-Bonney Lake Water Service Boundary nmP�Paa�aai-xrzms