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HomeMy WebLinkAboutPW06-325 - Original - King County Water District No. 111 - Water Service Boundaries - 09/05/2006 { CITY OF KENT, KING COUNTY WATER DISTRICT NO. 111 and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES IS AGREEMENT ("Agreement"), made and entered Into this day of 2006, by and between the City of Kent, a Washington municipal co poration ( "Kent"), King County Water District No. 111, a Washington municipal corporation ( 'WD #111"), and the CITY OF AUBURN, a Washington municipal corporation, ( "Auburn"), all being duly organized and existing under and by virtue of the laws of the State of Washington (Individually a "Party" and collectively the "Parties). WITNESSETH: WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority to exercise Its powers and perform any of Its functions as set forth in RCW 39.34, and WHEREAS, pursuant to Chapter 39 34 RCW, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services, and WHEREAS, pursuant to Chapter 39 34 RCW, the Interlocal Cooperation Act, Kent has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services, and WHEREAS, pursuant to Chapter 39 34 RCW, the Interlocal Cooperation Act, WD #111 has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services, and WHEREAS, the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, Kent owns, and desires to be the water service provider for a property currently within the corporate limits of Kent, and within the service areas of Auburn and WD #111, and WHEREAS, pursuant to Chapter 70.116 RCW, Public Water System Coordination Act, the Parties determined and agreed upon the water service areas between the Parties as set forth in the South King County Coordinated Water System --------------------------------------------------------------- Auburn Resolution No 3920 Kent,WD#111 and Auburn Interlocal Agreement Establishing Water service Boundaries Page 1 of 9 i Plan ("Plan") and the Parties now desire to modify their water service area boundaries as agreed in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree as follows: 1. Water Service Area. WD #111 and Auburn agree to relinquish to Kent the water service area depicted on the map attached hereto as Attachment 1 and legally described in Attachment 2, which are by this reference incorporated herein. The Parties agree that the South King County Coordinated Water System Plan and the water service area boundaries as set forth in the Plan shall be modified to be in accordance with the Parties' water service area boundaries as set forth In Attachment 1 2. Management, Regulation and Control of Water System. Kent, WD #111 and Auburn shall have the sole responsibility and authority to construct, maintain, manage, conduct and operate their water systems within their designated water service areas as depicted in Attachment 1, together with any additions, extensions and betterments thereto. 3. Future Annexations. The Parties agree that Kent shall provide water service to the area depicted in Attachment 1 without regard to the present corporate boundaries of the Parties and without regard to future corporate boundaries as they may be periodically altered through annexation 4. Kent Comprehensive Water Planning. The terms of this Agreement will be included as an amendment t Kent's Com r h n e Water o p e e siv System Plan Kent will submit to Auburn and WD #111 its Comprehensive Water System Plans and amendments thereto. 5. WD #111 Comprehensive Water Planning. The terms of this Agreement will be included as an amendment to WD #111's Comprehensive Water Plan WD #111 will submit to Kent and Auburn its Comprehensive Water System Plans and amendments thereto. 6. Auburn Comprehensive Water Planning. The terms of this Agreement will be included as an amendment to Auburn's Comprehensive Water Plan. Auburn will submit to Kent and WD #111 its Comprehensive Water System Plans and amendments thereto. 7. Reliance. Each Party hereto acknowledges that the terms hereof will be relied upon by the other in its comprehensive planning to meet the needs of the service area designated herein. Aubum Resolution No 3920 Kent,WD#111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 2 of 9 8. Liability. Except as set forth in Section 12 regarding default, failure to perform or negligent conduct, the Parties agree that this Agreement shall not be a source of liability between the Parties for any failure or interruption of service in the service area of any Party as designated in this Agreement. 9. Government Notifications. Auburn will give notice of the adoption of this Agreement to Metropolitan/King County, to the Washington State Department of Health, to the South King County Regional Water Association, to the Water Utility Coordinating Committee, and to any other agency with jurisdiction over, or interest in, the terms hereof, and the Parties shall cooperate and assist each other In all reasonable manner in procuring any necessary approvals hereof by those agencies. 10. Boundary Review Board. In the event that implementation of the terms herein result in permanent water service to areas that will be outside the respective service boundaries of Kent, WD #111 or Auburn, the Parties will, at the time of such service, jointly file a notice of intention with the King County Boundary Review Board in accordance with Chapter 36 93.090 RCW and Chapter 57 08 047 RCW 11. Alteration, Amendment or Modification. Kent, WD #111 and Auburn hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement only upon written agreement of the Parties to such alteration, amendment or modification. 12. Indemnification and Hold Harmless. Each Party hereto agrees to protect, defend, and indemnify the other Parties, their officers, officials, employees and agents from any and all cost, claims, judgments and/or awards of damages, arising out of or in any way resulting from the indemnifying Party's, its employees, subcontractors or agents default, failure of performance, or negligent conduct associated with this agreement. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Parties only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 13. Integration. This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof, and there are no other representations or oral agreements other than those listed herein, which vary the terms of this Agreement. Future agreements may occur between the Parties to transfer additional or future service areas by mutual agreement. Auburn Resolution No 3920 Kent,WD#111 and Auburn InterlocaI Agreement Establishing Water Service Boundaries Page 3 of 9 14. Obligation Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of Kent, WD #111 or Auburn regarding provision of water service, except as specifically set forth herein. 15. Duration. This Agreement shall take effect on the last day approved by all of the Parties and shall remain in effect until modified by written agreement of the Parties 16. Recording. Pursuant to RCW 39.34 040, following the approval and execution of this Agreement by the Parties, this Agreement shall be filed with the King County Auditor. Auburn Resolution No 3920 Kent,WD#111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 4 of 9 CITY OF KENT Approved by Motion No. of the City of Kent, Kent, Washington, at its regular meeting held on the day of 2006. By: jjze ooke, Mayor ten Approved as to form: City Attorney City of Kent KING COUNTY WATER DISTRICT NO. 111 Approved by Resolution No. of the King County Water District No. 111, Kent, Washington, at its regular meeting held on the day of , 2006 By: Patfick Hanis, President King County Water District No 111 Approved as to form:G`A' /i, General Counsel King C Water District No. 111 Auburn Resolution No 3920 Kent,WD#111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 5 of 9 CITY OF AUBURN Approved by Resolution No. of the City —off"Auburn, Washington, at its regular meeting held on the day of^-1?0,CP,r�Au� 2006. By: Peter B. Lewis, Mayor City of Auburn At est: 1 Dan eltitorn-e,\.. Clerk Ap ro niel Auburn Resolution No 3920 Kent,WD#111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 6 of 9 ST 284th col E 286th ST CITY F SERVI E REX SE 288th ST SE 288TH PL �O � W W 0� WATER DISTRICT 11 SERVICE AREA CQ Q W 3S 298TH PL Qi Y 9TH PL ti4 Y �P= SE 3c7ST pt a SE 3018T S 02ND ST00 w .N. i N SE 304th ST ~ TH S7 SE 305TH PL CITY OF AUB RN J� y� sF aosr PL SE TH ST SERVIC ARE SE 3067H C CT 306TH a 6 w W U ai W N SE C/] SE 307TH p 306TH PL SE 308TH PL SE 308TM P SSE 308TH PL SE 307'� a C � SE 8TH PL d CITY OF KENT KING COUNTY WATER DISTRICT NO 111 AND CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES ATTACHMENT 1 Attachment 2 Legal Description THAT PORTION OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 IN SAID SECTION 4; THENCE WEST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 30 FEET TO THE WEST MARGIN OF 124T" AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING, THENCE SOUTH ALONG SAID WEST MARGIN TO THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET; THENCE WESTERLY ALONG SAID NORTHERLY MARGIN OF SE 304T" STREET TO THE SOUTHEAST CORNER OF THE PLAT OF CRYSTAL MEADOWS AS RECORDED IN VOLUME 194 OF PLATS AT PAGES 66 AND 67, RECORDS OF KING COUNTY, THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY EDGE OF SAID PLAT TO THE MOST NORTHERLY CORNER OF LOT 10 OF SAID PLAT, THENCE WESTERLY ALONG THE NORTH EDGE OF SAID PLAT TO THE NORTHWEST CORNER OF LOT 15 OF SAID PLAT, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 15 TO A POINT 50 FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 11 OF THE PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS AT PAGE 100, RECORDS OF KING COUNTY, WASHINGTON, THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID TRACT 11, SAID POINT LYING 135 FEET WEST OF THE EAST LINE OF SAID TRACT 11, Auburn Resolution No 3920 Kent,WD#111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 8 of 9 THENCE CONTINUING NORTHWESTERLY TO A POINT ON THE NORTH LINE OF SAID TRACT 11 , SAID POINT LYING 313.36 FEET WEST OF THE NORTHEAST CORNER OF SAID TRACT 11, THENCE WESTERLY ALONG THE LINE COMMON TO TRACTS 10 AND 11 OF SAID PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTH 120 FEET OF SAID TRACT 10, THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTH 120 FEET OF SAID TRACT 10 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTH 120 FEET OF SAID TRACT 10, THENCE WEST ALONG THE NORTH LINE OF THE SOUTH 120 FEET OF SAID TRACT 10 TO THE WEST LINE OF SAID TRACT 10, THENCE NORTH ALONG SAID WEST LINE OF SAID TRACT 10 AND THE WEST LINE OF TRACT 9 OF SAID PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION TO THE NORTHWEST CORNER OF SAID TRACT 9, THENCE EAST ALONG THE NORTH LINE OF SAID TRACT 9 TO THE NORTHEAST CORNER OF SAID TRACT 9 AND THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH ALONG LAST SAID WEST LINE AND THE WEST LINE OF GOVERNMENT LOT 3 OF SAID SECTION 4 TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3; THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 TO THE TRUE POINT OF BEGINNING Auburn Resolution No 3920 Kent,WD#111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 9 of 9 CITY OF ADWR'N Peter B. Lewis, Mayor ' WASH 1 NGTON 25 West Main Street * Auburn WA 98001-4998 * www auburnwa gov * 253-931-3000 September 18, 2006 Brenda Jacober, City Clerk City of Kent 220 4th Avenue South Kent WA 98032 RE: INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES Dear Brenda, Enclosed are two fully executed originals of the City of Kent, King County Water District No 111 and City of Auburn Interlocal Agreement establishing Water Service Boundaries. The City of Auburn City Council approved the Interlocal Agreement on September 5, 2006 pursuant to Resolution No 3920 If you have any questions regarding the agreement, please contact Water Utility Engineer Jeff Roscoe at (253) 931-4008 Sincerely, lode, Danielle Daskam City Clerk Enc AUBURN * MORE THAN YOU IMAGINED