HomeMy WebLinkAboutCAG1994-0061 - Original - City of Auburn - Proposed Ramstead Annexation - 05/10/1994 INTERLOCAL AGREEMENT
Concerning
CITY OF KENT'S PROPOSED RAMSTEAD ANNEXATION
THIS AGREEMENT is entered into between the CITY OF KENT, a Washington
municipal corporation ("Kent") , and the CITY OF AUBURN, a Washington municipal
corporation ("Auburn") .
Recitals
WHEREAS, the requisite number of property owners have filed a valid and
sufficient petition to the City of Kent to annex a portion of unincorporated
King County to the City of Kent (the, "Ramstead Annexation") , which area is
shown on the map attached as Exhibit A and incorporated herein by this
reference; and
WHEREAS, the City of Kent, after having conducted the necessary
environmental review, has processed the annexation petition and, on or about
March 17, 1994, submitted a "Notice of Intention" document, which describes
the proposed Ramstead Annexation, to the Boundary Review Board for King County
("BRB") ; and
WHEREAS, an eighteen acre "finger" in the most southerly portion of the
Ramstead Annexation area, which is indicated on Exhibit A and legally
described in Exhibit B attached hereto and incorporated herein by this
reference, lies within the City of Auburn's sphere of interest for future
annexation to the City of Auburn; and
WHEREAS, the City of Auburn recently purchased the "Olson farm, " a
property that abuts this eighteen acre finger on the west, and intends to
annex the Olson farm property for municipal purposes; and
WHEREAS, the City of Auburn desires to annex all or a portion of the
eighteen acre finger in order to combine it with its planned Olson farm
municipal annexation; and
WHEREAS, because the eighteen acre finger portion of the City of Kent's
Ramstead Annexation conflicts with the City of Auburn's future annexation
plans, the City of Auburn, on or about April 26, 1994, filed a request with
the BRB to invoke BRB jurisdiction and hold a public hearing on the Ramstead
Annexation in order to address the conflict regarding the eighteen acre
finger; and
WHEREAS, upon discovering this conflict, representatives of the City of
Kent and the City of Auburn met to discuss the matter and determined that (1)
annexation of the eighteen acre finger is not of paramount importance to the
AUBURN/KENT RAMSTEAD INTERLOCAL--Page 1 of 5
City of Kent, (2) the BRB hearing would cause the City of Kent unnecessary and
lengthy delays to its Ramstead Annexation, and (3) pursuant to RCW
35.10.217(2) , a process exists for the City of Kent to transfer jurisdiction
of this eighteen acre finger to the City of Auburn, subject to the concurrence
of both cities' legislative bodies and the approval of the affected property
owners ; and
WHEREAS, the Office of the Mayor and city administration of the City of
Kent have indicated their willingness to transfer the eighteen acre finger to
the City of Auburn through the statutory process established in RCW
35.10.217(2) , should Auburn so request; and
WHEREAS, by its motion passed at a regularly held City Council meeting
on May 3, 1994, the Kent City Council has confirmed administration's position
by indicating its willingness to adjust its corporate boundary as it relates
to this eighteen acre finger at a future date if the City of Auburn requests
to annex this area into its corporate limits ; and
WHEREAS, the city administration of the City of Auburn has indicated its
willingness to withdraw its request to invoke BRB jurisdiction on the
condition that the City of Kent indicate its willingness to transfer the
eighteen acre finger to the City of Auburn through the statutory process
established in RCW 35.10.217(2) , should Auburn so request; and
WHEREAS, by its motion passed at a regularly held City Council meeting
on May _, 1994, the Auburn City Council has confirmed its administration's
position by indicating its willingness to withdraw its request to invoke BRB
jurisdiction on the condition that the City of Kent indicate its willingness
to transfer the eighteen acre finger to the City of Auburn.
NOW, THEREFORE, the City of Kent and the City of Auburn agree as follows:
Agreement
1 . Recitals Incorporated. The foregoing recitals are by this reference
incorporated herein and made a part hereof.
2. Duration. This agreement shall be in effect until the City of Auburn
and the City of Kent have attempted the deannexation/annexation process
outlined in RCW 35.10.217(2) or ten years from the date both cities have
finally determined their future annexation areas pursuant to the
Washington Growth Management Act, whichever event occurs first.
3. Authority. The Cities of Kent and Auburn are both noncharter code
cities operating pursuant to the statutory authority of Title 35A of the
Revised Code of Washington, and both cities shall effect the
contemplated deannexation/annexation under the authority granted to them
through that Title and through RCW 35.10.217(2) .
AUBURN/KENT RAMSTEAD INTERLOCAL--Page 2 of 5
4. Purpose. The purpose of this agreement is to reach an understanding
between the two cities as to the appropriate municipal jurisdiction that
should govern the area of land described in Exhibit B and referred to
above as the "eighteen acre finger" of land.
5. BRB Filing to be Withdrawn. In consideration of the promises made in
this agreement, the City of Auburn shall withdraw its request to invoke
BRB jurisdiction over the City of Kent's proposed Ramstead Annexation
before Thursday, May 12. 1994.
6. Deannexation/Annexation. In consideration of the City of Auburn's
promise to withdraw its request to invoke BRB jurisdiction of the City
of Kent's proposed Ramstead Annexation, the City of Kent promises to
participate, when requested by the City of Auburn, in a
deannexation/annexation process of the eighteen acre finger of land
described in Exhibit B with the City of Auburn pursuant to the
procedures established in RCW 35.10.217(2) .
7. No Protest Agreement to be Sought. As further consideration of the City
of Auburn's promise to withdraw its request to invoke BRB jurisdiction
of the City of Kent's proposed Ramstead Annexation, the City of Kent
also promises, to the extent allowed by applicable law, to require the
owner of the eighteen acre parcel of land to sign an agreement promising
not to protest the deannexation/annexation process contemplated in this
agreement as a condition to connection to the City of Kent water utility
system at the time a request for that connection is made to the City of
Kent.
8. Financing. To the extent any monies need be expended to effect the
annexation/deannexation of the subject property, each city shall pay all
its own costs incurred in executing the transfer of the eighteen acre
finger from the City of Kent to the City of Auburn through the statutory
deannexation/annexation process .
9. Termination. If either city materially breaches any of the terms,
rights or obligations created in this agreement, then the other city may
terminate this agreement after providing at least ten days' written
notice to the other city.
10. Modification. Neither city shall be bound by any waiver, alteration, or
modification of any of the provisions of this agreement unless in
writing and signed by a duly authorized representatives of the two
cities.
11. Assignment. Any assignment of this Agreement by either city without
first obtaining the written consent of the other city shall be void. If
either city does give its consent to any assignment, the terms of this
agreement shall continue in full force and effect and no further
assignment shall be made without the that city's consent.
AUBURN/KENT RAMSTEAD INTERLOCAL--Page 3 of 5
12. Disputes. If any dispute arises between the Cities under any of the
provisions of this agreement, jurisdiction of any resulting litigation
shall be filed in King County Superior Court, King County, Washington.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington. Each party shall be solely responsible
for its costs, expenses and reasonable attorney's fees incurred in any
litigation arising out of the enforcement of this agreement.
13. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained herein, or
to exercise any option herein conferred in one or more instances shall
not be construed to be a waiver or relinquishment of said covenants ,
agreements, or options , and the same shall be and remain in full force
and effect.
14. Severability. The provisions of this agreement are declared to be
separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this agreement, or the
invalidity of the application thereof to any person or circumstances
shall not affect the validity of the remainder of this agreement, or the
validity of its application to other persons or circumstances.
15. Entire Agreement. The written provisions and terms of this agreement,
together with any Exhibits attached hereto, shall supersede all prior
verbal statements of any officer or other representative of either city,
and such statements shall not be effective nor be construed as entering
into or forming a part of or altering in any manner whatsoever, this
agreement, including its Exhibits.
THE CITY OF AUBURN T CITY OF KENT
C4 l I
uc Mayor b Jim White Mayor
DATE: -/ ' 9 DATE:
AUBURN/KENT RAMSTEAD INTERLOCAL--Page 4 of 5
STATE OF WASHINGTON)
) ss.
COUNTY OF K I N G )
I certify that I know or have satisfactory evidence that
Chuck Booth is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument, and acknowledged it as the
Mayor of the City of Auburn to be the free and voluntary act of
such City for the uses and purposes mentioned in the instrument.
DATED: 94
NOTARY PUBLIC in and for 1,,S�tatfoWashington, residing at
My c mission
expires ' / /
STATE OF WASHINGTON)
) ss .
COUNTY OF K I N G )
I certify that I know or have satisfactory evidence that
Jim White is the person who appeared before me, and said
person acknowledged that�e/she signed this instrument, on oath stated that
(1hp;/she was authorized to execute the instrument, and acknowledged it as the
Mayor of the City of Kent to be the free and voluntary act of
such City for the uses and purposes mentioned in the instrument.
DATED:
iI
„NOTARY PUBLIC th and for the ,Sate of
Was ington, residing at. 4
My commission
expires
res
p
AUBURN/KENT RAMSTEAD INTERLOCAL--Page 5 of 5
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EXHIBIT B
RAMSTEAD ANNEXATION
18 ACRE FINGER LEGAL DESCRIPTION
Lots 2 , 3 and 4 KCSP 1078096R Recording #80110708874 AND Lots
1, 2 and 3 KCSP 279079R Recording 18011070875 in King County,
Washington being a part of the west half of the southwest
quarter in Section 32, Township 22 North, Range 5 East.
CHARLES A. BOOTH, MAYOR P[_ANNING &COMMUNUY DEVELOPMENT DEFT.
Paul Krauss, A.I.C.P., Planning Director 2S Writ Main. Auburn WA 99001
(2(6)931-3twu
r;.
'May 10, 1994
Ms. Alda Wilkinson
Executive Secretary
Washington State Boundary Review Board for King County
Central Building, Suite 608
810 Third Avenue
Seattle, WA 98104
Dear Ms. Wilkinson:
The City of Auburn submitted a letter to the Boundary Review Board on April 19, 1994
requesting that the Boundary Review Board invoke its jurisdiction and conduct a
hearing to review the proposed Ramstead Annexation (File No. 1858). The City of
Auburn is hereby rescinding its request for a public hearing.
The Cities of Auburn and Kent have been holding discussions over the past several
weeks concerning the overlap of our potential annexation areas. The points of
contention have been resolved and Auburn no longer feels that a public hearing is
necessary on this matter.
Thank you for your assistance. Should you require any additional information, please
feel free to contact me or Paul Krauss, Planning Director, at (206)931-3090.
Sincerely,
Charles A. Booth
Mayor
c: Paul Krauss, Planning Director, City of Auburn
Jim White, Mayor, City of Kent
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