HomeMy WebLinkAboutAD10-166 - Original - King County - Governance Transfer: Panther Lake Annexation - 07/01/2010 CONFORMED COPY �
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Title: King County Panther Lake Annexation to the City of Kent Governance Transfer In local
Agreement
Grantor: King County
Grantee: City of Kent
Legal Description: An Interlocal Agreement between King County and the City of Kent relating
to the annexation of the Panther Lake Annexation Area and transferring local government
services delivery to the city.
I.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND KING
COUNTY, RELATING TO THE ANNEXATION OF THE PANTHER LAKE
POTENTIAL ANNEXATION AREA
THIS AGREEMENT is made and entered into this C day of aU 61 2010. The
parties ("Parties") to this Agreement are the City of Kent, a State of Washington
municipal corporation("City"), and King County, a political subdivision of the State of
Washington ("County").
WHEREAS, the City identified the Panther Lake Potential Annexation Area("PAA") in
its comprehensive plan consistent with the requirements of the state Growth Management
Act("GMA") and the Countywide Planning Policies adopted consistent with GMA,
which PAA is generally known as "Panther Lake" which is further described in Exhibit
A hereto (hereinafter as the "Annexation Area"); and
WHEREAS, on an election date in November 2009, the citizens of the Annexation Area
had an opportunity to vote on whether to annex to the City, and the voters approved
annexation of the Annexation Area; and
WHEREAS, annexation of the Annexation Area to the City will become effective on July
1, 2010; and
WHEREAS, as of the date of legal annexation of the Annexation Area, pursuant to state
law, the City will own, and have the responsibility for the operation, safety and
maintenance of all former County roads,bridges and rights-of-way located within the
City limits together with all appurtenances located within such rights-of-way, including
but not limited to. drainage facilities, stormwater facilities, street lights, traffic signals
and traffic signs, and
WHEREAS, the City and the County desire to facilitate an orderly transition of services
associated with the Annexation Area; and
WHEREAS, the City and the County desire to mutually determine the appropriate timing
for the transfer of public records, and
WHEREAS, the City and the County want to ensure a smooth transfer of ownership and
maintenance of existing County road-related facilities, green space, parks, and related
property interests in the Annexation Area, and
WHEREAS, all local governmental land use authority and jurisdiction with respect to the
Annexation Area transfers from the County to the City upon the effective date of
annexation, and
WHEREAS,the County and City agree that having County staff continue to process
various vested building and land use permit applications from the Annexation Area on
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behalf of the City for a transitional period following annexation will assist in an orderly
transfer of authority and jurisdiction, and
WHEREAS, it is the Parties' intent by virtue of this Agreement that any and all
discretionary decisions with respect to land use and permitting from and after the date of
annexation shall be made by the City; and
WHEREAS, the governing bodies of each of the Parties hereto have determined to enter
into this Agreement as authorized and provided for by the Interlocal Cooperation Act,
codified at Chapter 39 34 RCW, and other Washington law, as amended;
NOW THEREFORE, in consideration of the mutual terms,provisions and obligations
contained herein, it is agreed by and between the City and the County as follows:
1. TERM. This Agreement shall be deemed to take effect following the approval of the
Agreement by the official action of the governing bodies of each of the Parties and
the signing of the Agreement by the duly authorized representative of each of the 1
Parties, and shall continue in force for a period of five (5) years from the effective
date of annexation of the Annexation Area.
2. RECORDS TRANSFER The following records transfer provisions shall apply to the
entirety of this Agreement except for- (1) Attachment A concerning Transfer of
Real Properties, which contains separate records transfer provisions; and (2) Exhibit
B relating to Development Permit Processing which contains separate records transfer
provisions Upon approval of the annexation by voters and acceptance thereof by the
City, the County shall work with the City to transfer to the City public records
including but not limited to record drawings or construction drawings that are
requested by the City related to transferred facilities and properties within the areas so
annexed. The City shall send a written request for records to the director of the
County division holding such records Alternately, the City may request in writing
that such director schedule a records transfer meeting at which City representatives
shall meet with County department representatives in order to review and identify
records to be copied and/or transferred consistent with the terms of this Section 2
The request shall provide sufficient detail to allow the County to identify and locate
the requested records. The County shall make its best effort to provide the documents
within forty-five (45) days of the request. The County may elect to provide original
records or copies of records. The County shall not be required to provide records that
are not reasonably available or to create records or compilations that have not already
been created The County shall provide the City free of charge one set of records
meeting the requirements of this section.
3. DEVELOPMENT PERMIT PROCESSING Upon the effective date of the
annexation of the Annexation Area, the terms of this Agreement attached hereto as
Exhibit B shall go into effect with respect to development permit processing in the
area annexed.
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4. JAIL SERVICES. The City of Kent is responsible for the incarceration of adult
offenders charged with misdemeanor or gross misdemeanor crimes occurring in the
Ar iexation Area on or after the effective date of annexation. King County is
responsible for the incarceration of adult offenders charged with misdemeanor or
gross misdemeanor crimes occurring in the Annexation Area before the effective date
of annexation.
5. POLICE SERVICES. On and after the effective date of the annexation, police
service responsibility within the Annexation Area will be transferred to the City. The
county will be responsible for all criminal cases and investigations reported before the
effective annexation date, including but not limited to all costs associated with these
cases and investigations. The city will be responsible for all criminal cases and
investigations reported on and after the date of the annexation, including but not
limited to all costs associated with these cases and investigations The Kent Chief of
Police and the Sherriff will work together to ensure a smooth transition plan and a
continued partnership with the City of Kent In addition to the provisions of that
transition plan, the Parties further agree as follows:
a. Sharing of community information: The County agrees to provide community
contact lists that the County may have regarding the Annexation Area to the City
upon request. These lists may include, but are not limited to- members of block
watch programs, community groups, and/or homeowner's associations The lists
shall be provided to the City within 90 days of the effective date of the
annexation.
b. Annexation of Emergency Response (911) Services. The City and County agree
to coordinate the transfer of emergency response (911) services in the Annexation
Area.
6. DISTRICT COURT SERVICES TRANSITION The County will be responsible for
the prosecution, adjudication, payment or receipt of any fees, fines or assessments
associated with infractions or misdemeanor criminal offenses when the date of the
infraction or offense is prior to the effective date of annexation. The City will be
responsible for the prosecution, adjudication, payment or receipt of any fees, fines or
assessments associated with infractions or misdemeanor criminal offenses when the
date of the offense is on or after the effective date of annexation.
7. STATUS OF COUNTY EMPLOYEES. Subject to City civil service rules and state
law, the City agrees to consider the hiring of County employees whose employment
status is affected by the change in governance of the Annexation Area where such
County employees make application with the City per the City's hiring process and
meet the minimum qualifications for employment with the City for posted, advertised
Annexation Positions, and provided further that the City's consideration of hiring
affected sheriff department employees shall be governed by the provisions set forth in
RCW 35.13.360 et seq. The County shall in a timely manner provide the City with a
list of those affected employees Nothing in this section prohibits the City from
filling Annexation Positions by first using an internal hiring process.
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8. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the l'
following persons shall be the administrators of this Agreement and shall be the
contact person for their respective jurisdiction.
City of Kent: King County:
John Hodgson Dwight Dively
Chief Administrative Officer Director Office of Management and Budget
City of Kent King County
220 Fourth Ave S. 401 — 5' Avenue, Suite 810
Kent, WA 98032 Seattle, WA 98104
9. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance
with federal, state, and local laws and regulations. Specifically, in meeting the
commitments encompassed in this Agreement, all Parties will comply with, among
other laws and regulations, the requirements of the Open Meetings Act, Public
Records Act, Growth Management Act, State Environmental Policy Act, and
Annexation Statutes. The Parties retain the ultimate authority for land use and
development decisions within their respective jurisdictions as provided herein. By
executing this Agreement, the Parties do not purport to abrogate the decision-making
responsibility vested in them by law.
10. INDEMNIFICATION.
The following indemnification provisions shall apply to the entirety of this
Agreement except for- (1) Attachment A concerning Transfer of Real Properties,
which contains separate mdemmlication provisions, and (2) Exhibit B relating to
Development Permit Processing which contains separate indemnification provisions.
a. The County shall indemnify and hold harmless the City and its officers, agents
and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of the County, its officers, agents, and
employees, or any of them, in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damage is
brought against the City, the County shall defend the same at its sole cost and
expense, provided that the City retains the right to participate in said suit if any
principal of governmental or public law is involved If final judgment be rendered
against the City and its officers, agents, and employees, or any of them, or jointly
against the City and County and their respective officers, agents, and employees,
or any of them, the County shall satisfy the same.
b. The City shall indemnify and hold harmless the County and its officers, agents
and employees or any of them from any and all claims, actions, suits,liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason or arising
out of any negligent action or omission of the City, its officers, agents, and
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employees, or any of them, in performing obligations pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damage is
brought against the county, the City shall defend the same at its sole cost and
expense, provided that the County retains the right to participate in said suit if any
principal of governmental or public law is involved If final judgment be rendered
against the County and its officers, agents, employees, or any of them, or jointly
against the City and County and their respective officers, agents, and employees
or any of them, the City shall satisfy the same.
c. The City and the County acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the
concurrent negligence of the City, its agents, employees, and/or officers and the
County its agents, employees, and/or officers, this section shall be valid and
enforceable only to the extent of the negligence of each Party, its agents,
employees and/or officers.
d. The provisions of this Indemnification Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
11. EXECUTION OF DOCUMENT.
This Agreement is contingent on the Parties contemporaneously entering into and
fully executing the Interlocal Agreement between the City of Kent and King County
relating to the Panther Lake Annexation Area and the Transfer of Real Property,
which is attached and incorporated herein as Attachment A. If the Interlocal relating
to the Transfer of Real Property is not entered into and fully executed by the Parties
on the same date as this Agreement, then either Party may terminate this Agreement
by providing written notice to the other within 10 days of the date of this Agreement,
and upon such termination neither Party shall have any further rights or obligations
with regard to the other.
12. GENERAL PROVISIONS.
a. Entire Agreement. This Agreement together with all Exhibits hereto contains all
of the agreements of the Parties with respect to any matter covered or mentioned
in this Agreement and no prior agreements shall be effective for any purpose.
b. Road Levv Tax. The County's collection and disbursement of road levy tax
within the Annexation Area shall be in accordance with state law.
c. Filing. A copy of this Agreement shall be filed with the Kent City Clerk and
recorded with the King County Recorder's Office.
d. Records. Until December 31, 2015, any of either Party's records related to any
matters covered by this Intergovernmental Agreement not otherwise privileged
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shall be subject to inspection, review, and/or audit by either Party at the
requesting Party's sole expense. Such records shall be made available for
inspection during regular business hours within a reasonable time of the request.
Other provisions of this section notwithstanding, police/sheriff records shall be
retained according to the state records retention schedule as provided in RCW
Title 42 and related Washington Administrative Code provisions.
e. Amendments. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties
f. Severability. If one or more of the clauses of this Agreement is found to be
unenforceable, illegal, or contrary to public policy, the Agreement will remain in
full force and effect except for the clauses that are unenforceable, illegal, or
contrary to public policy.
g. Assignment. Neither the City nor the County shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
h. Successors in Interest. Subject to the foregoing subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest, heirs, and assigns.
i. Dispute Resolution. The Parties should attempt if appropriate to use a formal
dispute resolution process such as mediation, through an agreed-upon mediator
and process, if agreement cannot be reached regarding interpretation or
w implementation of any provision of this Agreement All costs for mediation
services would be divided equally between the Parties. Each jurisdiction would
be responsible for the costs of their own legal representation.
j. Attorneys' fees In the event either of the Parties defaults on the performance of
any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all
its own attorneys' fees, costs and expenses.
k. No waiver. Failure of either the County or the City to declare any breach or
default immediately upon the occurrence thereof, or delay in taking any action in
connection with, shall not waive such breach or default.
1. Applicable Law. Washington law shall govern the interpretation of this
Agreement. King County shall be the venue of any arbitration or lawsuit arising
out of this Agreement.
m. Authority. Each individual executing this Agreement on behalf of the City and
the County represents and warrants that such individuals are duly authorized to
execute and deliver the Agreement on behalf of the City or the County.
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n. Notices. Any notices required to be given by the Parties shall be delivered at the
addresses set forth above in Section 8 Any notices may be delivered personally
to the addressee of the notice or may be deposited in the United States mail,
postage prepaid, to the addresses set forth above in Section 8 Any notice so
posted in the United States mail shall be deemed received three (3) days after the
date of mailing.
o. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor
p. Equal Opportunity to Draft. The Parties have participated and had an equal
opportunity to participate in the drafting of this Agreement No ambiguity shall be
construed against any Party upon a claim that that Party drafted the ambiguous
language.
q. Third Party Beneficiaries. This agreement is made and entered into for the sole
protection and benefit of the Parties hereto. No other person or entity shall have
any right of action or interest in this Agreement based on any provision set forth
herein
IN WITNESS THEREOF, the Parties have executed this Agreement.
CITY OF KENT: KING COUNTY:
uz to oke, Mayor Dow Constantine, Executive
Date. 6 Date: l I l o
ATTEST: ATTEST:
City Clerk
j
DATED: � o?�- Id DATED:
,
Approved as to Form: &po as to rm•
4 -
City Attorney . ISe uty Pro sec ng Attorney
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STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this day of �6/ iz� , 2010, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn personally appeared, to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that 5Ctzlwie 6-0ofz- �
signed and sealed the said instrument as — free and voluntary act and deed for the
uses and purposed therein mentioned.
�����ttttt��
WITNESS in �q "G' seal hereto affixed th day an year ' this certificate
above wntte. ",�saNF+Af,��tS�
a�' �ot"Rs �'; N tary P is ' and for the
� - • ; z : State of Washington, residing
'4 C�= at �t `j
City and State
/�1jjj1II%vyyy( ��� My appointment expires
STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this 19 f day of 7uL y , 2010, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn personally appeared, to me known to be the individual described in and who
executed the forgoing instrument, and acknowledged to me that`7>z>v• ut45 A-NnNE7
signed and sealed the said instrument as lid_free and voluntary act and deed for the
uses and purposed therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Notary Public in and for the
State of Washington, residing
at UNIy£Rs%TY `PI.A&e wA,
City and State
• S My appointment expires 2 y 301 3
-u91)
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Exhibit A
Description of Annexation Area
Panther Lake Annexation Area
Legal Description
BOUNDARIES OF THE PANTHER LAKE ANNEXATION AREA
The legal description of the boundaries of the proposed Panther Lake Annexation Area,
All those portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, and 17, Township 22 North,
Range 5 East, W M., and Sections 32 and 33, Township 23 North, Range 5 East, W.M ,
in King County, Washington, described as follows:
Commencing at the east quarter comer of Section 6, Township 22 North, Range 5 East,
W.M.;
thence southerly, along the east line of said section, to the easterly prolongation of the
south right of way margin of South 200th Street,
thence westerly, along said prolongation, to the west right of way margin of 100th Avenue
SE,the northeast corner of the Kent City Limits as established by Kent Ordinance #3099,
as recorded under King County Recording Number 9305110613, and the TRUE POINT
OF BEGINNING; �
thence continuing westerly, along said south margin of South 200th Street and the north
margin of said city limits, to the west right of way margin of 92"d Avenue South and the
east line of the Kent City Limits as established by Kent Ordinance #1017, as recorded
under King County Auditor's File Number 5024149;
thence northerly, along said west margin and said city limits, to the east west center of
section line of said Section 6;
thence easterly, along said center of section line and said city limits, to the center of said
Section 6;
thence northerly, along the north south center of section line and said city limits, to the
north right of way margin of South 200`h Street and the south line of the Renton City
Limits as established by Renton Ordinance 95327, under King County Recording
Number 20080109000833;
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thence easterly, along said north margin and said Renton City limits, to the westerly right
of way margin of SR 515 (1081h Avenue SE) and the east line of the City of Renton City
Limits as described in said Renton Ordinance 45327;
thence northerly, along said west margin and the Renton City Limits as described in said
ordinance, to a point 40 feet west of Highway Engineer's Station 270+40, as shown on
Washington State Department of Highways Right of Way Plan SR 515 MP 3.87 to MP
5.15, Renton Vicinity, SE 196th to Carr Road;
thence easterly to a point 40 feet east of Highway Engineer's Station 270+50 as shown on
said right of way plan, also being the northerly margin of SE 192"d Street and the south
line of the City of Renton City Limits as described in said Renton Ordinance #5327;
thence easterly, along said north margin and the Renton City Limits as described in said
ordinance, to the intersection of said north margin with the northerly extension of the east
right of way margin of 124th Avenue SE, and the westerly boundary of Soos Creek Park;
thence along said westerly park boundary and the adjoining roadways the following
courses and distances:
thence southerly, along said northerly extension and the east margin of said 124th Avenue
SE, to the north line of the south half of the north half of Government Lot 2 of said
Section 4,
thence easterly, along said north line,to the west margin of the Bonneville Transmission
Line Easement (Covington-Seattle Line);
thence southeasterly, along said west margin, to the south line of Morford Park, as b
recorded in Volume 180 of Plats, pages 1-3,records of King County;
thence easterly, along said south line, to the west line of the east 450 feet of the south half
of the south half of the southwest quarter of the northeast quarter of said Section 4;
thence southerly, along said west line, to the south line of the northeast quarter of said
Section 4;
thence easterly, along said south line, to the west line of the northeast quarter of the
southeast quarter of said Section 4,
thence southerly, along said west line, to the north line of Linda Highlands Division No.
1, as recorded in Volume 91 of Plats, page 25, records of King County,
thence generally easterly and southeasterly , along the northeasterly line of said plat,to
the north line of Greystone, as recorded in Volume 154 of Plats, pages 40-41, records of
King County;
thence easterly, along said north line, to the east line of said Section 4;
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thence southerly, along said east line, 105.29 feet to the northwest corner of a tract of
land conveyed to Charles R Gardner by warrantee deed recorded under King County
Recording Number 8507090815;
thence southeasterly, along the northeasterly line of said Gardner tract and said park
boundary, S59028'10"E 125.62 feet to an angle point in said northeasterly line;
thence continuing along said northeasterly boundary and said park boundary,
S30036'37"E 834.39 feet, more or less, to the northwest right of way margin of SE 204th
Way(SE Lake Youngs Way);
thence southeasterly, perpendicular to the centerline of said SE 204th Way, 100 feet, to
the southeast right of way margin thereof-,
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thence northeasterly, along said southeast right of way margin,to the west line of the east
495 feet of the southwest quarter of the southwest quarter of said Section 3, also being
the west boundary of said park,
thence along said park boundary, southerly along said west line, 50 feet to the northwest
corner of a tract of land conveyed to Daniel John Overstreet by statutory warrantee deed
recorded under King County Recording Number 97073 11841,
thence along the northeasterly line of the Overstreet tract and said park boundary,
S54032'25"E 398.74 feet to the west line of the east 165 feet of the southwest quarter of
the southwest quarter of said Section 3;
thence southerly, along said west line, to the north line of the south 528 feet of said
section,
thence easterly, along said north line, to the west line of the southeast quarter of the
southwest quarter of said Section 3,
thence southerly, along said west line, to the north right of way margin of SE 208th Street
(H.C. Green Road, County Rd No 329);
thence easterly, along said north margin. to the northerly extension of the east line of the
west 270 feet of the northeast quarter of the northwest quarter of said Section 10, "
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thence southerly, along said northerly extension and the east line thereof, to the south line
of the north half of the northwest quarter of the northeast quarter of the northwest quarter
of said Section 10;
thence easterly, along said south line, to the east line of the west half of the northwest
quarter of the northeast quarter of the northwest quarter;
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thence southerly, along said east line, to the southeast corner of the west half of the
northwest quarter of the northeast quarter of the northwest quarter;
thence westerly, along said south line,to a point on the east line of a tract of land
conveyed to Karen J. Arango by Quit Claim Deed recorded under King County
Recording Number 9601030485, described as the west 108.9 feet of the south 400 feet of
the north 860 feet, as measured along the west line, of the northeast quarter of the
northwest quarter of said Section 10, said point being 200 feet north of the southeast
corner of said tract;
thence southerly, along said east line, 200 feet to the southeast corner of said tract;
thence westerly, along the south line of said tract, to the west line of the northeast quarter
of the northwest quarter,
thence southerly, along said west line, to the north line of the south half of the north half
of the southwest quarter of the northwest quarter of said Section 10;
thence westerly, along said north line, 100 feet, to the west line of the east 100 feet of the
southwest quarter of the northwest quarter of said Section 10;
thence southerly, along said west line, and its southerly extension,to the south right of
way margin of SE 216th Street(Albert Haverinen Road),
thence easterly, along said south margin, to the west boundary of the park property as
described in warranty deeds recorded under King County- Recording Numbers
9506090372, and 9506090371;
thence along said park boundary as established by said warrantee deeds, S08°38'08"W
155 90 feet;
thence S05°32'16"E 256.57 feet;
thence S05°03'27"E 179.40 feet;
thence S02°16'36"W 119.91 feet;
thence S13°50'14"E 114.38 feet;
thence S09°57'42"E 178.35 feet;
thence S10°45'26"E 264 27 feet;
thence S45°51'35"W 62.76 feet to the north line of the southeast quarter of the southwest
quarter of said Section 10;
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thence westerly, along said north line, to the west line of the southeast quarter of the
southwest quarter of said Section 10;
thence southerly, along said west line,to the south line of said Section 10;
thence easterly, along said south line, to the southerly right of way margin of SE 224th
Street (Johnson Road NO. 328);
thence easterly, along said southerly margin, to the east line of the west quarter of the
northeast quarter of the northwest quarter of said Section 15,
thence southerly, along said east line, to the south line of the northeast quarter of the
northwest quarter of said Section 15;
thence easterly, along said south line,to the east line of King County Short Plat No.
280062, recorded under King County Recording Number 8010150859;
thence southeasterly, along said east line, to the east line of Lot B of King County Lot
Line Adjustment No L991,001, recorded under King County Recording Number
9903099010;
thence southeasterly, along said east line,to the south line of the northwest quarter of said
Section 15;
thence easterly, along said south line, to the east line of the west half of said Section 15;
thence southerly, along said east line, to an intersection with the east right of way margin
of 1401h Avenue SE;
thence southerly, along said east right of way margin, to the north line of the south
522.00 feet of the northwest quarter of the southeast quarter of said Section 15;
thence easterly, along said north line, to the east line of the west 417 50 feet of the
northwest quarter of the southeast quarter of said Section 15;
thence southerly, along said east line,to the north line of the southwest quarter of the
southeast quarter of Section 15, Township 22 North, Range 5 East, W M. and the north
line of Country Club North, Division 2, as recorded in Volume 184 of Plats, Pages 18
through 20, records of King County and the Kent City Limits as established by Kent
Ordinance 93344, as recorded under King County Recording Number 9706250235,
thence westerly, leaving said park boundary, along said north line and said city limits, to
the north south center of section line of said Section 15,
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thence continuing westerly along the north line of the south half of the southwest quarter
of said Section 15 and said city limits, to the southeast corner of the north half of
southeast quarter of Section 16, Township 22 North, Range 5 East, W M.;
thence continuing westerly, along the south line of said north half,to the westerly right of
way margin of 132"d Avenue SE and the southeast corner of that portion of the Kent City
Limits as established by Kent Ordinance 43562,
thence northerly, along the west margin of 132nd Avenue SE and said city limits, to the
south line of the north half of the north half of the northeast quarter of the southeast
quarter of said Section 16,
thence westerly, along said south line and said city limits, to the east line of the northwest
quarter of the southeast quarter of said Section 16,
thence northerly, along said east line and said city limits, to the north line of the southeast
quarter of said Section 16;
thence westerly, along said north line and said city limits, to the southeast corner of the
northwest quarter of said Section 16; h
thence westerly, along the south line of the southeast quarter of the northwest quarter of
said Section 16 and said city limits, to the southwest comer of said subdivision;
thence northerly, along the west line of said subdivision and said city limits, to the
northeast comer of the south half of the south half of the southwest quarter of the
northwest quarter of said Section 16;
thence westerly, along the north line of said subdivision and said city limits,to the east
line of the northeast quarter of Section 17, Township 22 North, Range 5 East. W.M and
the east line of the Kent City Limits as established by Kent Ordinance # 1940, as
recorded under King County Recording Number 7509300621;
thence northerly, along the east line of said northeast quarter and said city limits,to the
south line of the north half of the north half of the southeast quarter of the northeast
quarter of said Section 17,
thence westerly, along said south line and said city limits, to the west right of way margin
of 116`h Avenue SE and the southeast corner of that portion of the Kent City Limits as
established by Kent Ordinance # 2828, as recorded under King County Recording
Number 8902070337,
thence northerly, along said west margin and said city limits, to the north line of the
southeast quarter of the northeast quarter of said Section 17;
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thence westerly, along said north line and the north line of said city limits and the north
line of the Kent City Limits as established by Kent Ordinance#2048, as recorded under
King County Recording Number 7710180759, to the west line of the southeast quarter of
the northeast quarter of said Section 17,
thence southerly, along the west line of said subdivision and the city limits as established
under said Ordinance 42048 and aforesaid Ordinance 91940, to the northwest corner of
the northeast quarter of the southeast quarter of said Section 17;
thence continuing southerly, along the west line of said subdivision and said city limits to
south line of the north 30 00 feet of the northwest quarter of the southeast quarter of said
Section 17, also being the easterly prolongation of the south right of way margin of SE
232°d Street and the northeast comer of the Kent City Limits as established by Kent
Ordinance #2727, as recorded under King County Recording Number 8708120082;
thence westerly, along said south line and said city limits, to the east line of the plat of
Park Orchard Division No 4, as recorded in Volume 68 of plats, pages 58 through 60,
records of King County;
thence generally southerly, along the easterly line of said plat and said city limits, to the
south line of the northwest quarter of the southeast quarter of said Section 17 and the
Kent City Limits as established by Kent Ordinance #1506, as recorded under King
County Recording Number 7505060484,
thence westerly, along the south line of said plat and said city limits, to the northeast
corner of the southeast quarter of the southwest quarter of said Section 17 and the
northeast comer of the Kent City Limits as established by Kent Ordinance 91290, as
recorded under King County Recording Number 7505060500;
thence continuing westerly, along the north line of said subdivision and said city limits,to
the southeast corner of the northwest quarter of the southwest quarter of said Section 17
and the southeast corner of the Kent City Limits as established by Kent Ordinance #1223
under King County Auditor's File Number 5668121;
thence northerly, along the east line of said subdivision and said city limits, to the
northeast corner thereof,
thence westerly, along the north line of said subdivision, and the east line of the Kent
City Limits as established by Kent Ordinance 92111, under King County Recording
Number 7809011099, to the northeast corner of the lands described in said Ordinance
#2111, also being the westerly right of way margin of SR 515 (also known as 104d'Ave
SE, also known as the Benson Road SE);
thence north, along said westerly margin and said city limits, to the southeast corner of
the Kent City Limits as established by Kent Ordinance 42703, as recorded under King
County Recording Number 8703191033;
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thence generally northerly, along the west margin of said SR 515 and said city limits, to
the south line of the north half of the northwest quarter of the northwest quarter of said
Section 17;
thence westerly, along said south line and said city limits, to the east right of way margin
of 100`h Avenue SE;
thence northerly, along said east margin and said city limits and the Kent City Limits as
established by Kent Ordinance 93210 as recorded under King County Recording Number
9504190117 and Kent Ordinance 93193 recorded under King County Recording Number
9411230694, to the north line of the southwest quarter of the northwest quarter of the
southwest quarter of Section 8, Township 22 North, Range 5 East, W.M.;
thence westerly, along said north line and said city limits,to the northeast corner of the
southeast quarter of the northeast quarter of the southeast quarter of Section 7, Township
22 North, Range 5 East, W.M.;
thence westerly, along the north line of said subdivision and said city limits, to the
easterly right of way margin of 98'h Avenue South,
thence southerly, along said east margin and said city limits,to the southerly right of way
margin of South 2181h Street,
thence westerly, along said southerly margin and said city limits and the Kent City Limits
as established by Kent Ordinance #2611, as recorded under King County Recording
Number 8606190789, to the southeast corner of the Kent City Limits as established by
Kent Ordinance #2860, under King County Recording Number 8908240680, and the
southerly prolongation of the west right of way margin of aforesaid 98" Avenue South;
thence northerly, along said west margin and its prolongation and said city limits, to the
east west center of section line of said Section 7;
thence westerly, along said east west center of section line and said city limits, to the
southeast corner of the southwest quarter of the northeast quarter of said Section 7 and
the east line of the Kent City Limits as established by Kent Ordinance#2035, as recorded
under King County Recording Number 7708020744;
thence northerly, along the east line of said subdivision and said city limits, to the
northeast corner of said subdivision;
thence westerly, along the north line of said southwest quarter of the northeast quarter
and said city limits, to the southeasterly right of way margin of South 212th Street,
thence southwesterly, along said southeasterly margin and said city limits, to the west
line of the east half of the northwest quarter of the northeast quarter of said Section 7 and
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a point on the Kent City Limits as established by Kent Ordinance 43099, as recorded
under King County Recording Number 9305110613;
thence northerly, along said west line and said city limits,to the northwesterly right of
way margin of said South 212`h Street;
thence northeasterly and easterly, along said northwesterly margin, the northwesterly
right of way margin of South 212�'Way, the northerly right of way margin of South208th
Street and said city limits, to the westerly right of way margin of 100`h Avenue SE;
thence northerly, along said westerly margin and said city limits, to the TRUE POINT OF
BEGINNING.
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Exhibit B
Development Permit Processing in Annexation Area from and after the date of
Annexation
INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF KENT
RELATING TO PROCESSING OF BUILDING PERMITS I{
AND LAND USE APPLICATIONS
THIS AGREEMENT is made and entered into this day by and between the City of Kent,
a municipal corporation in the State of Washington (hereinafter referred to as the `City")
and King County, a home rule charter County in the State of Washington (hereinafter
referred to as the"County").
WHEREAS, the City annexed an area of unincorporated King County described in ,
Attachment 1 (hereinafter referred to as the "Annexation Area"); and
WHEREAS, all local governmental authority and jurisdiction with respect to the
Annexation Area transfers from the County to the City upon the date of annexation; and
WHEREAS, the County and City agree that having County staff process various
Annexation Area building permits and land use applications on behalf of the City for a
transitional period will assist in an orderly transfer of authority and jurisdiction; and
I'
WHEREAS, it is the Parties' intent by virtue of this Agreement that any and all
discretionary decisions shall be made by the City; and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW
Chapter 39 34;
NOW, THEREFORE, in consideration of the terms and provisions, it is agreed by and I
between the City and the County as follows:
1. Fees. The City shall adopt legislation authorizing the County to charge applicants
fees in amounts currently specified or hereafter adopted in King County Code Title 27 for
applications processed by the County in accordance with the terms of this Agreement.
2. Administrative and Ministerial Processing County review specified in this
Agreement is intended to be of an administrative and ministerial nature only. Any and all
final recommendations on legislative or quasi-judicial decisions or decisions of a
discretionary nature shall be made by the City's designated decision maker and processed
pursuant to the City's applicable review and appeal procedures.
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2.1 The Parties agree that ministerial decisions include, but are not limited to,
a determination as to whether an application has vested per the requirements of the King
County Code, building permit related decisions, mechanical permits, site review, liquor
permit and mobile home verification letters and zoning certification.
2.2 The Parties also agree that discretionary decisions include, but are not
limited to, the following land use and fire permit approvals:
Land Use: threshold determinations made under the State Environmental
Policy Act (SEPA), clearing and grading permits, short plat approvals,
preliminary plat approval, final plat approval, rezones, conditional use
permits, design review, site plan review, variances, lot line adjustments,
binding site plan approval, civil construction permits, and planned unit
development approval.
Fire: interpretation or modification of fire code, grant or denial of
alternative material and methods of construction requests.
3. Pre-annexation Building Permit Applications Filed with King County.
3.1 Except as otherwise provided for herein, the County shall continue to
review on behalf of the City all vested building-related permit applications filed with the
County before the effective date of annexation that involve property within the
Annexation Area. For the purposes of this Agreement, building-related permits include
but are not limited to building permits, and mechanical permits. Review by the County
shall occur in accordance with the regulations to which the applications are vested. Any
decision regarding whether or when an application has vested shall be made by the
County.
3.2 Except as provided in Section 6 of this Agreement, the County's review of
building-related permits shall include rendering decisions to approve, condition or deny
such applications; conducting inspections, issuing correction notices, certificates of
occupancy, permit extensions and completion of extensions, and evaluating compliance
with approval conditions that extend beyond issuance of a certificate of occupancy. The
County agrees to consult with the City prior to rendering any administratively appealable
building related permit decision. Appeals of building related permit decisions, if any,
shall be processed by the County.
3.3 The County shall receive and process any permit applications made
following annexation that implement conditions of a Commercial Site Development
permit issued by the County prior to annexation The County shall additionally receive
and process ancillary permit applications, such as mechanical permits, that are made
following annexation and that are essential for completion of an approved project permit.
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3.4 The County shall review and render final decisions on requests to renew
permits within the Annexation Area that are approaching their expiration date without
having completed the permitted activity.
3.5 King County shall review and render decisions on requests for changes to
approved building-related permit plans up to the time that either a certificate of
occupancy is issued or final construction approval has been issued for the project.
Following issuance of the certificate of occupancy or final construction approval,
requests for changes to the approved set of plans shall be referred to the City The City
intends to process such requests as new permit applications.
36 The County shall review and make recommendations to the City's
designated decision maker on applications to vary adopted road or drainage standards that
are made in conjunction with a building related application being reviewed by the County
pursuant to this Agreement. All final decisions on such variance applications shall be
rendered by the City.
4. Pre-Annexation Fire Permit Applications Filed with King County.
4.1 Upon the effective date of the Annexation, the County will no longer
process fire permit applications filed prior to the Annexation date for which no permit has
been issued. The City and County will cooperate so that prior to the Annexation date,the
City can review all fire permit applications filed with the County that involve property
within the Annexation Area. Review by the City shall occur in accordance with the
regulations under which the applications are vested or to which they are otherwise
subject Any decisions regarding whether or when an application vested shall be made
by the City. The County shall transfer the fire permit application file to the City within a
reasonable time period after the Annexation date, but no later than July 14, 2010. Fee
reimbursement and allocation as between the City and County for files so transferred
shall be made in accordance with sections 11.2 and 11.3.
4.2 As defined herein, fire permits include, but are not limited to the required
construction permits identified in International Fire Code Section 105.7
4.3 For fire permits that have been issued before July 1, 2010, the County
shall perform all follow-up inspections and issue extensions or completion of extensions
that are essential for completion of the permit. For fire permits that have been issued, but
no inspections have been performed, the County shall transfer the fire permit file to the
City and the City shall be responsible for all follow-up inspections, issuance of
extensions or completion of extensions, and issuance of ancillary fire permits that are
essential for completion of each original project permit Fee reimbursement and
allocation as between the City and County for files so transferred shall be made in
accordance with Section 112 and 11 3. The County agrees to consult with the City prior
to rendering any administratively appealable fire-related permit decisions. Appeals will
be heard per the process identified in section 5 4.
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5. Pre-annexation Land Use Permit Applications Filed with King County.
5.1 Except as otherwise provided for herein, the County shall continue to
review on behalf of the City all vested land use permit applications filed with the County
before the effective date of annexation that involve property within the Annexation Area.
Land use permit applications shall include, but are not limited to, threshold
determinations made under the State Environmental Policy Act (SEPA), clearing and
grading permits, short plat approvals, preliminary plat approval, final plat approval,
rezones, conditional use permits, design review, site plan review, variances, lot line
adjustments, binding site plan approval, civil construction permits, and planned unit
development approval. Review by the County shall occur in accordance with the
regulations to which the applications are vested Any decisions regarding whether or
when an application has vested shall be made by the County
5.2 For those vested land use applications that do not require a public hearing
or a public meeting prior to issuance, the County will continue to process such
applications and shall make a report and recommendation to the City's designated
decision maker based upon the regulations under which the applications are vested. Any
decisions to approve, deny, or approve with conditions such applications shall be made
by the City's designated decision maker and will be processed pursuant to the City's
applicable land use review and appeal procedures. All final decisions on such vested
land use applications shall be rendered by the City.
5.3 Notwithstanding any other provision of this Agreement, applications for
any rezone and any associated permit applications shall be referred to the City for all
further processing.
5.4 For those vested land use applications that require quasi-judicial approval,
legislative approval, or which involve filed administrative appeals, the County shall
prepare a report and preliminary recommendation to the City's designated decision maker
for a final decision pursuant to applicable County codes and the City's applicable land
use review and appeal procedures. The City's decision-maker shall not be a County
employee The City shall be responsible for scheduling, providing notice. conducting
any public hearings required, and making any decision in conjunction with the
application or appeal. If requested by the City, County staff shall attend the public
hearing to testify with respect to analysis set forth in the County's report and preliminary
recommendation.
5.5. For those vested subdivision, short subdivision and binding site plan
applications that have not yet received preliminary approval, the County shall continue to
review the application up to the point of making a recommendation to the City's
designated decision maker on preliminary approval At the request of the City, County
staff shall appear at the public hearing to testify with respect to analysis set forth in the
County's preliminary recommendation.
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5.6 For those vested subdivision, short plat, and binding site plan applications
that have received preliminary approval prior to annexation, the County shall continue its
review through the point of making a recommendation to the City on whatever post-
preliminary review phase the development is in at the time of annexation For purposes
of this section, post-preliminary review phases include- engineering plan approval, final
plat, short plat or binding site plan approval, and construction inspection approval. All
final decisions on any of the post-preliminary review phases shall be rendered by the
City. The City shall assume review of the project for all subsequent post-preliminary
review phases
5.7 The County shall review and make recommendations to the City's
designated decision maker on applications to vary adopted road or drainage standards that
are made in conjunction with a land use application being reviewed by the County
pursuant to this Agreement. All final decisions on such variance applications shall be
rendered by the City.
5.8 For projects under construction at the time of annexation, the County shall
review and render decisions on requests for changes to approved land use permit
engineering plans through final construction approval. Following issuance of final
construction approval, requests for changes to the approved set of plans shall be referred
to the City.
6. List of Projects, Notice of Meetings and Option to Exclude.
6.1 The County will prepare and send to the City quarterly lists of all building,
land use and associated ancillary permit applications pending within the Annexation
Area The list shall include the status of projects as shown in the County Permits Plus
system. The City or County may at any time exclude from this Agreement any
application(s) on any such list upon providing to the County or City ten days advance
written notice of its intent to exclude the application(s). Upon excluding any application
from review under this Agreement, the County shall turn the application over to the City
for all further processing, and shall be available for consultation with the City regarding
the application.
6.2 The County shall notify the City of all technical screening meetings, pre-
construction conferences and engineering pre-submittal meetings for projects being
reviewed by the County under this Agreement Such notice shall be provided promptly
upon scheduling of the meeting The City may participate in these meetings to learn
more about the project and to offer comments.
7. SEPA Compliance.
7.1. In order to satisfy the procedural requirements of SEPA, the City shall
serve as lead agency for all Annexation Area building permit and land use applications,
including those being processed by the County pursuant to this Agreement. The City has
designated and identified the City's Planning Manager as the SEPA Responsible Official
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to make threshold determinations and to supervise the preparation and content of
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environmental review for projects within the City.
72 Any and all appeals from SEPA threshold determinations and other SEPA
matters relating to projects within the City shall be heard and decided by the City
pursuant to Kent City Code procedures.
7.3. For those permit applications requiring a SEPA determination, the County
will not take final action upon the application until the City's SEPA Responsible Official
has acted. The County agrees to provide technical and administrative SEPA assistance to
the City's SEPA Responsible Official on that project. Such assistance may include, but is
not limited to:
• review of an applicant's environmental checklist and collection of relevant
comments and facts;
• preparation of a proposed SEPA threshold determination with supporting
documentation for approval, which will include citations to (a) King County
Code provisions that compliance with will negate a probable significant
adverse impact, and (b) King County Code substantive authority for
recommended mitigation measures;
• publication and notice by the County on behalf of the City's SEPA
Responsible Official;
• preparation and submittal of a written review and comment on any appeal
received on a SEPA threshold determination recommended by County staff to
the City's SEPA Responsible Official,
• attendance at appeal hearings to testify with respect to analysis of
environmental impacts, mitigation measures and the environmental review
process;
• preparation of any required draft, final, addendum or supplemental EIS for
approval of the City's SEPA Responsible Official; and
• coordination of adopted or required SEPA measures of mitigation with project
review staff.
7.4. Any decision whether to condition or deny an application on SEPA �!
grounds shall be made by the City.
8. Code Enforcement. Within a reasonable period following the effective date of
this Agreement, not to exceed thirty (30) days, the County shall provide the City with a
list and brief explanation of all Annexation Area code enforcement cases under review by
the County at the time of annexation. The City shall be responsible for undertaking any
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code enforcement actions following the date of annexation. The County shall provide the
City with copies of any annexation area enforcement files requested by the City.
9. Financial Guarantees. Any financial guarantee that is intended to secure
compliance with project conditions that are being or will be reviewed by the City shall be
turned over to or posted with the City, which shall have sole authority and discretion over
its release and/or enforcement. Any financial guarantee that has been posted or is
otherwise required in order to guarantee compliance with conditions that are being
reviewed by the County pursuant to this Agreement shall be retained by or posted with
the County. On behalf of the City, the County is authorized to accept such financial
guarantees and to release them where it determines that conditions for release have been
satisfied. In making such decisions whether to release a financial guarantee instrument,
the County shall consult with the City. The City shall be solely responsible for making
any demands or initiating any legal action to enforce financial guarantees for Annexation
Area projects.
10. Processing Priority. The County agrees to process pre-annexation building and
land use applications in accordance with the County's administrative procedures, at the
same level of service as provided to County applications.
11. Fees and Reimbursement.
11 1 For applications continuing to be processed by the County in accordance
with the terms of this Agreement, in order to cover the costs of providing services, the
County is authorized to collect and retain such application and other fees authorized by
the County fee ordinances adopted by the City pursuant to Section 1 above, or as may be
modified at some future date by the County and the City.
11.2 For all applications transferred to the City pursuant to the terms of this
Agreement, the County will retain the base permit fee and a percentage of fees equivalent
to the percentage of permit processing and administration previously performed by the
County on the application. Any remaining application fee amounts received by the
County prior to exclusion or transfer shall be promptly forwarded to the City.
11.3 For applications being processed by the City in accordance with the terms
of this Agreement. when the City requests services from the County, the City shall pay
the County at such hourly rate as specified in the version of King County Code Title 27
in effect at the time the services are performed. The County shall not seek
reimbursement under this paragraph for review services performed on an individual
permit application where the County has already been fully compensated for such
services by the receipt of permit application review fees, which include fees for testifying
at public hearings required by the application process. The County shall provide the City
with quarterly invoices for assistance and services provided, and the City shall tender
payment to the County within thirty days after the invoice is received.
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12. Records Transfer.
12.1 For building, fire and land use permits that were completed by the County
prior to the annexation date, the County shall cooperate with the City to transfer to the
City public records related to these completed application files as requested by the City
on a case by case basis The City shall provide sufficient detail of the information needed
to allow the County to identify and locate the requested records. The County shall make
its best effort to provide the documents within five (5) days of the request and shall
provide records in electronic format if reasonably practicable. The City and the County
acknowledge that older documents are more difficult to provide. The County may elect
to provide original records if available and copies of records will be provided only in
cases in which copies are acceptable to the City. The County shall not be required to
provide records that are not reasonably available or to create records or compilations that
have not already been created.
12.2 For all building permit and land use applications processed under this
Agreement. the County shall provide the City with a copy of files, records and posted
financial guarantee instruments within fifteen (15) business days of completion of County
permit review, exclusion under section 6, or termination under section 14.
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13. Duration. This Agreement shall become effective upon approval by the City
and the County and shall continue until December 31, 2015 unless otherwise terminated
in accordance with paragraph 14 (Termination), or extended in accordance with
paragraph 15 (Extension).
14. Termination. Either Party may terminate this Agreement upon providing at least
one hundred twenty (120) days written notice to the other Party Upon expiration or
termination of this Agreement, the County shall cease further processing and related
review of applications it is processing under this Agreement Within fifteen (15) business
days the County shall thereupon transfer to the City those application files and records,
posted financial guarantee instruments, and unexpended portions of filing fees for
pending land use and building-related applications within the Annexation Area. Upon
transfer, the City shall be responsible for notifying affected applicants that it has assumed
all further processing responsibility
15 Extension The City and County may agree to extend the duration of this
Agreement through December 31, 2018 or to a date prior thereto. In order for any such
extensions to occur, the City shall make a written request to the County not less than
sixty (60) days prior to the otherwise applicable expiration date. Any agreement by the
County to the proposed extension(s) shall be made in writing. If the Parties have not
agreed to the extension in writing by the otherwise applicable expiration date, the
Agreement shall expire.
1 16. Application Process. The County and the City will each prepare and have
available for applicants and other interested Parties a document describing the handling
of applications based on this Agreement
9,
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17. Indemnification, Hold Harmless and Defense.
17.1 The County shall indemnify and hold harmless the City and its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs; expenses, and damages of any nature whatsoever, by reason or arising out of
any negligent action or omission of the County, its officers, agents, and employees, or
any of them, in performing obligations pursuant to this Agreement In the event that any
suit based upon such a claim, action, loss, or damage is brought against the City, the
County shall defend the same at its sole cost and expense, provided that the City retains
the right to participate in said suit if any principal or governmental or public law is
involved, and if final judgment be rendered against the City and its officers, agents, and
employees, or any of them, or jointly against the City and County and their respective
officers, agents, and employees, or any of them, the County shall satisfy the same.
17.2 The City shall indemnify and hold harmless the County and its officers,
agents and employees or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of
any negligent action or omission of the City. its officers, agents. and employees, or any of �.
them, in performing obligations pursuant to this Agreement. In the event that any suit
based upon such a claim, action, loss, or damage is brought against the County, the City
shall defend the same at its sole cost and expense, provided that the County retains the
right to participate in said suit if any principal of governmental or public law is involved;
and if final judgment be rendered against the County and its officers, agents, employees,
or any of them, or jointly against the City and County and their respective officers,
agents, and employees or any of them, the City shall satisfy the same.
17.3 The City and the County acknowledge and agree that if such claims,
actions, suits, liability, loss, costs, expenses and damages are caused by or result from the
concurrent negligence of the City, its agents, employees, and/or officers and the County,
its agents, employees, and/or officers, this section shall be vand and enforceable only to
the extent of the negligence of each Party, its agents, employees and/or officers.
17.4 In executing this Agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or responsibility that
arises in whole or in part from the existence or effect of City ordinances, rules,
regulations, policies or procedures If any cause, claim, suit, action or proceeding
(administrative or judicial), is initiated challenging any City ordinance, rule or regulation,
the City shall defend the same at its sole expense and if judgment is entered or damages
awarded against the City, the County, or both, the City shall satisfy the same, including
all chargeable costs and applicant attorneys' fees, if awarded.
17.5 In executing this Agreement, the City does not assume liability or
responsibility for or in any way release the County from any liability or responsibility
that arises in whole or in part from the existence or effect of County ordinances, rules,
regulations, policies or procedures If any cause, claim, suit, action or proceeding
(administrative or judicial), is initiated challenging any City decision implementing
26
County recommendations or the County's decisions regarding the validity or applicability
of any County ordinance, rule or regulation, the County shall defend the same at its sole
expense and if judgment is entered or damages awarded against the County, the City, or
both, based upon such recommendations or decisions the County shall satisfy the same,
including all chargeable costs and applicant attorneys' fees, if awarded.
17.6 In executing this Agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or responsibility that
arises in whole or in part from a) the City's independent interpretation of County
ordinances, rules, regulations, policies or procedures, and b) any City decision regarding
the validity or applicability of any County ordinance, rule or regulation made without
County consultation or contrary to County advice. These will collectively be referred to
as City Decisions If any cause, claim, suit, action or proceeding is initiated challenging
any City Decision, the County may elect to defend the City's Decision in whole or in
part, or may decline to defend the City's Decision at the County's sole discretion. If
judgment is entered or damages awarded based upon a City Decision, against the City,
the County, or both, the City shall satisfy the same, including all chargeable costs and
applicant attorneys' fees, if awarded.
18. Personnel. Control of County personnel assigned by the County to process
applications under this Agreement shall remain with the County. Standards of
performance, discipline and all other aspects of performance shall be governed by the
County.
19. Administration This Agreement shall be administered by the County Director of
Development and Environmental Services or his/her designee, and by the City's Director
of Economic & Community Development or his/her designee
20. Amendments. This Agreement is the complete expression of the terms hereto and
any oral representation or understanding not incorporated herein is excluded. Any
modifications to this Agreement shall be to writing and signed by both Parties.
21. Legal Representation. The services to be provided by the County pursuant to this
Agreement do not include legal services, which shall be provided by the City at its own
expense.
22. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the Parties hereto No other person or entity shall have any
right of action or interest in this Agreement based upon any provision set forth herein.
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be
executed.
KING COUNTY
King County Executive Dated
Approved as to Form:
DANIEL T SATTERBERG
King County Prosecuting Attorney
IF
Senor eputy Prose using Attorney Dated
CITY OF KENT
S ZE T COOKE, Mayor Dated
A
pp roved as to Form:
Kent Law Department Dated
P \Gvil\Files\0penFdes\0695 - Panther Lake Annexation\KCtyILA-GovernanceFina1060810 docx
28
Attachment I
Description of Annexation Area
Panther Lake Annexation Area
Legal Description
BOUNDARIES OF THE PANTHER LAKE ANNEXATION AREA
The legal description of the boundaries of the proposed Panther Lake Annexation Area,
All those portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, and 17, Township 22 North,
Range 5 East, W M., and Sections 32 and 33, Township 23 North, Range 5 East, W M.,
in King County. Washington, described as follows-
Commencing at the east quarter corner of Section 6, Township 22 North, Range 5 East,
and W.M ;
thence southerly, along the east line of said section,to the easterly prolongation of the
south right of way margin of South 200`h Street;
thence westerly, along said prolongation, to the west right of way margin of 100`h Avenue
SE, the northeast corner of the Kent City Limits as established by Kent Ordinance#3099,
as recorded under King County Recording Number 9305110613, and the TRUE POINT
OF BEGINNING;
thence continuing westerly, along said south margin of South 2001h Street and the north
margin of said city limits,to the west right of way margin of 92°d Avenue South and the
east line of the Kent City Limits as established by Kent Ordinance #1017, as recorded
under King County Auditor's File Number 5024149,
thence northerly, along said west margin and said city limits,to the east west center of
section line of said Section 6;
thence easterly, along said center of section line and said city limits, to the center of said
Section 6;
thence northerly, along the north south center of section line and said city limits,to the
north right of way margin of South 200`h Street and the south line of the Renton City
Limits as established by Renton Ordinance #5327, under King County Recording
Number 20080109000833;
29
thence easterly, along said north margin and said Renton City limits, to the westerly right
of way margin of SR 515 (108th Avenue SE) and the east line of the City of Renton City
Limits as described in said Renton Ordinance #5327,
thence northerly, along said west margin and the Renton City Limits as described in said
ordinance, to a point 40 feet west of Highway Engineer's Station 270+40, as shown on
Washington State Department of Highways Right of Way Plan SR 515 MP 3.87 to MP
5.15, Renton Vicinity, SE 196`h to Carr Road,
thence easterly to a point 40 feet east of Highway Engineer's Station 270+50 as shown on
said right of way plan, also being the northerly margin of SE 192°d Street and the south
line of the City of Renton City Limits as described in said Renton Ordinance 95327;
thence easterly, along said north margin and the Renton City Limits as described in said
ordinance, to the intersection of said north margin with the northerly extension of the east
right of way margin of 124th Avenue SE, and the westerly boundary of Soos Creek Park,
thence along said westerly park boundary and the adjoining roadways the following
courses and distances:
thence southerly, along said northerly extension and the east margin of said 124th Avenue
SE, to the north line of the south half of the north half of Government Lot 2 of said
Section 4,
thence easterly, along said north line,to the west margin of the Bonneville Transmission
Line Easement(Covington-Seattle Line);
thence southeasterly, along said west margin, to the south line of Morford Park, as
recorded in Volume 180 of Plats, pages 1-3, records of King County;
thence easterly, along said south line, to the west line of the east 450 feet of the south half
of the south half of the southwest quarter of the northeast quarter of said Section 4;
thence southerly, along said west line,to the south line of the northeast quarter of said
Section 4:
thence easterly, along said south line, to the west line of the northeast quarter of the
E southeast quarter of said Section 4,
thence southerly, along said west line,to the north line of Linda Highlands Division No.
1, as recorded in Volume 91 of Plats, page 25, records of King County;
thence generally easterly and southeasterly , along the northeasterly line of said plat,to
the north line of Greystone, as recorded in Volume 154 of Plats, pages 40-41, records of
King County,
thence easterly, along said north line, to the east line of said Section 4;
30
thence southerly, along said east line, 105.29 feet to the northwest comer of a tract of
land conveyed to Charles R. Gardner by warrantee deed recorded under King County
Recording Number 8507090815,
thence southeasterly, along the northeasterly line of said Gardner tract and said park
boundary, S59°28'10"E 125.62 feet to an angle point in said northeasterly line;
thence continuing along said northeasterly boundary and said park boundary,
S30036'37"E 834.39 feet, more or less, to the northwest right of way margin of SE 204th
Way(SE Lake Youngs Way);
thence southeasterly, perpendicular to the centerline of said SE 204th Way, 100 feet,to
the southeast right of way margin thereof,
thence northeasterly, along said southeast right of way margin, to the west line of the east
495 feet of the southwest quarter of the southwest quarter of said Section 3, also being
the west boundary of said park;
thence along said park boundary, southerly along said west line, 50 feet to the northwest
corner of a tract of land conveyed to Daniel John Overstreet by statutory warrantee deed
recorded under King County Recording Number 9707311841;
thence along the northeasterly line of the Overstreet tract and said park boundary,
S54°32'25"E 398 74 feet to the west line of the east 165 feet of the southwest quarter of
the southwest quarter of said Section 3;
thence southerly, along said west line,to the north line of the south 528 feet of said
section,
thence easterly, along said north line, to the west line of the southeast quarter of the
southwest quarter of said Section 3;
thence southerly, along said west line, to the north right of way margin of SE 208th Street
(H.C. Green Road, County Rd No. 329);
thence easterly, along said north margin, to the northerly extension of the east line of the
west 270 feet of the northeast quarter of the northwest quarter of said Section 10;
thence southerly, along said northerly extension and the east line thereof, to the south line
of the north half of the northwest quarter of the northeast quarter of the northwest quarter
of said Section 10;
thence easterly, along said south line, to the east line of the west half of the northwest
quarter of the northeast quarter of the northwest quarter;
31
thence southerly, along said east line, to the southeast comer of the west half of the
northwest quarter of the northeast quarter of the northwest quarter;
thence westerly, along said south line, to a point on the east line of a tract of land
conveyed to Karen J. Arango by Quit Claim Deed recorded under King County
Recording Number 9601030485, described as the west 108 9 feet of the south 400 feet of
the north 860 feet, as measured along the west line, of the northeast quarter of the
northwest quarter of said Section 10, said point being 200 feet north of the southeast
corner of said tract;
thence southerly, along said east line, 200 feet to the southeast corner of said tract;
i'
thence westerly, along the south line of said tract, to the west line of the northeast quarter
of the northwest quarter;
thence southerly, along said west line, to the north line of the south half of the north half
of the southwest quarter of the northwest quarter of said Section 10,
thence westerly, along said north line, 100 feet, to the west line of the east 100 feet of the
southwest quarter of the northwest quarter of said Section 10,
thence southerly, along said west line, and its southerly extension,to the south right of
way margin of SE 216th Street(Albert Haverinen Road);
thence easterly, along said south margin, to the west boundary of the park property as
described in warranty deeds recorded under King County Recording Numbers
9506090372, and 9506090371;
thence along said park boundary as established by said warrantee deeds, S08°38'08"W
155.90 feet;
thence S05°32'16"E 256.57 feet;
thence S05°03'27"E 179.40 feet;
thence S02°16'36"W 119.91 feet;
thence S13°50'14"E 114.38 feet;
thence S09°57'42"E 178.35 feet;
thence S10°45'26"E 264.27 feet;
thence S45°51'35"W 62.76 feet to the north line of the southeast quarter of the southwest
quarter of said Section 10;
32
thence westerly, along said north line, to the west line of the southeast quarter of the
southwest quarter of said Section 10;
thence southerly, along said west line, to the south line of said Section 10;
thence easterly, along said south line,to the southerly right of way margin of SE 224th
Street (Johnson Road NO 328);
thence easterly, along said southerly margin, to the east line of the west quarter of the
northeast quarter of the northwest quarter of said Section 15;
thence southerly, along said east line, to the south line of the northeast quarter of the
northwest quarter of said Section 15;
thence easterly, along said south line, to the east line of King County Short Plat No. fff
280062, recorded under King County Recording Number 8010150859;
thence southeasterly, along said east line,to the east line of Lot B of King County Lot
Line Adjustment No. L99L001, recorded under King County Recording Number
9903099010,
s
thence southeasterly, along said east line, to the south line of the northwest quarter of said
Section 15;
thence easterly, along said south line,to the east line of the west half of said Section 15;
thence southerly, along said east fine,to an intersection with the east right of way margin
of 140`"Avenue SE;
thence southerly, along said east right of way margin, to the north line of the south
r
522.00 feet of the northwest quarter of the southeast quarter of said Section 15;
thence easterly, g alon said north line to the east line of the west 417.50 feet of the
northwest quarter of the southeast quarter of said Section 15,
thence southerly, along said east line, to the north line of the southwest quarter of the
southeast quarter of Section 15, Township 22 North, Range 5 East, W.M and the north
line of Country Club North, Division 2, as recorded in Volume 184 of Plats, Pages 18
through 20, records of King County and the Kent City Limits as established by Kent
Ordinance 43344, as recorded under King County Recording Number 9706250235,
thence westerly, leaving said park boundary, along said north line and said city limits, to
the north south center of section line of said Section 15,
33
thence continuing westerly along the north line of the south half of the southwest quarter
of said Section 15 and said city limits, to the southeast comer of the north half of
southeast quarter of Section 16, Township 22 North, Range 5 East, W.M.;
thence continuing westerly, along the south line of said north half,to the westerly right of
way margin of 132"d Avenue SE and the southeast corner of that portion of the Kent City
Limits as established by Kent Ordinance#3562;
thence northerly, along the west margin of 132"d Avenue SE and said city limits,to the
south line of the north half of the north half of the northeast quarter of the southeast
quarter of said Section 16;
thence westerly, along said south line and said city limits, to the east line of the northwest
quarter of the southeast quarter of said Section 16,
thence northerly, along said east line and said city limits, to the north line of the southeast
quarter of said Section 16;
thence westerly, along said north line and said city limits,to the southeast corner of the
northwest quarter of said Section 16,
thence westerly, along the south line of the southeast quarter of the northwest quarter of
said Section 16 and said city limits, to the southwest corner of said subdivision,
thence northerly, along the west line of said subdivision and said city limits, to the
northeast corner of the south half of the south half of the southwest quarter of the
northwest quarter of said Section 16;
thence westerly, along the north line of said subdivision and said city limits, to the east
line of the northeast quarter of Section 17, Township 22 North. Range 5 East, W.M. and
the east line of the Kent City Limits as established by Kent Ordinance # 1940, as
recorded under King County Recording Number 7509300621;
thence northerly,along the east line of said northeast quarter and said city limits,to the
south line of the north half of the north half of the southeast quarter of the northeast
quarter of said Section 17,
thence westerly, along said south line and said city limits,to the west right of way margin
of 116`"Avenue SE and the southeast corner of that portion of the Kent City Limits as
established by Kent Ordinance# 2828, as recorded under King County Recording
Number 8902070337;
thence northerly, along said west margin and said city limits, to the north line of the
southeast quarter of the northeast quarter of said Section 17;
34
thence westerly, along said north line and the north line of said city limits and the north
line of the Kent City Limits as established by Kent Ordinance #2048, as recorded under
King County Recording Number 7710180759, to the west line of the southeast quarter of
the northeast quarter of said Section 17,
thence southerly, along the west line of said subdivision and the city limits as established
under said Ordinance #2048 and aforesaid Ordinance #1940,to the northwest comer of
the northeast quarter of the southeast quarter of said Section 17;
thence continuing southerly, along the west line of said subdivision and said city limits to
south line of the north 30 00 feet of the northwest quarter of the southeast quarter of said
Section 17, also being the easterly prolongation of the south right of way margin of SE
232°d Street and the northeast corner of the Kent City Limits as established by Kent
Ordinance #2727, as recorded under King County Recording Number 8708120082;
thence westerly, along said south line and said city limits, to the east line of the plat of
Park Orchard Division No 4, as recorded in Volume 68 of plats, pages 58 through 60,
records of King County;
thence generally southerly, along the easterly line of said plat and said city limits, to the
south line of the northwest quarter of the southeast quarter of said Section 17 and the
Kent City Limits as established by Kent Ordinance #1506, as recorded under King
County Recording Number 7505060484;
thence westerly, along the south line of said plat and said city limits, to the northeast
corner of the southeast quarter of the southwest quarter of said Section 17 and the
northeast comer of the Kent City Limits as established by Kent Ordinance #1290, as
recorded under King County Recording Number 7505060500; h
thence continuing westerly, along the north line of said subdivision and said city limits,to
the southeast corner of the northwest quarter of the southwest quarter of said Section 17
and the southeast corner of the Kent City Limits as established by Kent Ordinance #1223
under King County Auditor's File Number 5668321;
thence northerly, along the east line of said subdivision and said city limits,to the
northeast corner thereof;
thence westerly, along the north line of said subdivision, and the east line of the Kent
City Limits as established by Kent Ordinance 42111, under King County Recording
Number 7809011099, to the northeast corner of the lands described in said Ordinance
#2111, also being the westerly right of way margin of SR 515 (also known as 104'11 Ave
SE, also known as the Benson Road SE);
thence north, along said westerly margin and said city limits, to the southeast corner of
the Kent City Limits as established by Kent Ordinance 92703, as recorded under King
County Recording Number 8703191033;
35
}
thence generally northerly, along the west margin of said SR 515 and said city limits,to
the south line of the north half of the northwest quarter of the northwest quarter of said
Section 17;
thence westerly, along said south line and said city limits, to the east right of way margin
of 100ffi Avenue SE;
thence northerly, along said east margin and said city limits and the Kent City Limits as
established by Kent Ordinance 43210 as recorded under King County Recording Number
9504190117 and Kent Ordinance #3193 recorded under King County Recording Number
9411230694, to the north line of the southwest quarter of the northwest quarter of the
southwest quarter of Section 8, Township 22 North, Range 5 East, W.M ,
thence westerly, along said north line and said city limits,to the northeast corner of the
southeast quarter of the northeast quarter of the southeast quarter of Section 7, Township
22 North, Range 5 East, W.M ;
thence westerly, along the north line of said subdivision and said city limits, to the
easterly right of way margin of 98`h Avenue South;
thence southerly, along said east margin and said city limits, to the southerly right of way
margin of South 2181h Street,
thence westerly, along said southerly margin and said city limits and the Kent City Limits
as established by Kent Ordinance 42611, as recorded under King County Recording
Number 8606190789, to the southeast corner of the Kent City Limits as established by
Kent Ordinance#2860,under King County Recording Number 9909240690, and the
southerly prolongation of the west right of way margin of aforesaid 981h Avenue South;
thence northerly, along said west margin and its prolongation and said city limits, to the
east west center of section line of said Section 7;
thence westerly, along said east west center of section line and said city limits,to the
southeast corner of the southwest quarter of the northeast quarter of said Section 7 and
the east line of the Kent City Limits as established by Kent Ordinance 42035, as recorded
under King County Recording Number 7708020744;
thence northerly, along the east line of said subdivision and said city limits, to the
northeast corner of said subdivision,
thence westerly, along the north line of said southwest quarter of the northeast quarter
and said city limits, to the southeasterly right of way margin of South 212"h Street;
thence southwesterly, along said southeasterly margin and said city limits,to the west
line of the east half of the northwest quarter of the northeast quarter of said Section 7 and
36
a point on the Kent City Limits as established by Kent Ordinance#3099, as recorded
under King County Recording Number 9305110613;
thence northerly, along said west line and said city limits, to the northwesterly right of
way margin of said South 212'i' Street,
thence northeasterly and easterly, along said northwesterly margin.the northwesterly
right of way margin of South 2121h Way, the northerly right of way margin of South208th
Street and said city limits,to the westerly right of way margin of 100`h Avenue SE;
thence northerly, along said westerly margin and said city limits, to the TRUE POINT OF
BEGINNING
37
REQUEST FOR MAYOR'S SIGNATURE
KEN T Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator i�Ii , �tivII,I Phone (Originator) L7�
Date Sent :? Date Required
Retuin Signed Document to �� ,�� i��I,(�_i(,� I ��t CONTRACT TERMINATION DATE:
J71)13l �
VENDOR NAME:
I DATE OF COUNCIL APPROVAL:��(�\C� C�
Brief Explanation of Document
1 fo � n
I
j' f IZt�U�tl1 l`iiGJ t
All Contracts Must Be Routed Through the Law Department
(Thn Area to be Completed B1, the Law Department!
Received
Appi oval of Law Dept /� � it
Law Dept. Comments JUN 2 3 ZrJi�
Date Forwarded to Mayor-
Shaded Areas to Be Completed by Administration Staff \� p
Received:
M
1 .ttlt: 2 5, 2010
Recommendations & Comments-
cm OF K NT
�i;l ClE?v,
Disposition Z to e2'� fI� �
14f'GU0"&W 7-/Z h
Date Returned.
a;;e>is-o • 3,05