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HomeMy WebLinkAboutCity Council Meeting - Council - Special Agenda - 11/28/2023 4 0! KENT CITY COUNCIL AGENDA • SPECIAL MEETING KEN T Tuesday, November 28, 2023 WASH I NGTON 5:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 861 7848 7178 Passcode: 354997 Join the meeting Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 5 P.M. 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL 3. PUBLIC HEARING A. Public Hearing on the Resolution Concurring in Auburn Annexation of the Bridges - Adopt 4. CONSENT CALENDAR A. Convey Sensitive Area Tracts at The Bridges - Authorize B. Interlocal Agreement with City of Auburn for The Bridges Annexation - Authorize S. ADJOURNMENT For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.gov. City Council Meeting City Council Special Meeting November 28, 2023 Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 3.A 1�# KENT DATE: November 28, 2023 TO: Kent City Council SUBJECT: Public Hearing on the Resolution Concurring in Auburn Annexation of the Bridges - Adopt MOTION: I move to adopt Resolution No. 2068 concurring in the City of Auburn's annexation of "The Bridges" neighborhood effective January 1, 2024, and authorizing the Mayor to take all action and sign all documents necessary to complete the annexation, subject to final terms acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: Since 2019, representatives from the cities of Kent and Auburn have been working together to allow the City of Auburn to annex The Bridges neighborhood ("the Bridges"). The cities have elected to proceed with the annexation method provided for through RCW 35.10.217(2), which provides that an annexation may become effective upon each city adopting a resolution-Auburn, a resolution declaring its intent to annex The Bridges, and Kent, a resolution concurring in Auburn's annexation of The Bridges after first holding a public hearing on the annexation. The public hearing on The Bridges annexation has been set before the Kent City Council at a special meeting tonight at 5:00 p.m. Notice was mailed to all owners of property within the annexation area on November 6, 2023, which was at least 15 days before the date of the hearing. On November 6, 2023, the City Clerk also mailed notice to those who own property within 1,000 feet of the annexation area. In addition, the City Clerk provided for notice to be published through the Kent Reporter on Friday, November 10, 2023. Finally, staff within the City's Economic and Community Development Department provided for notice to be posted at The Bridges on November 15, 2023, advising of the date and time for the annexation public hearing. Once the public hearing is opened, staff will make a short presentation and members of the public will be invited to provide public comment concerning the annexation. At the close of that public hearing, Council will be asked to adopt a resolution concurring in Auburn's annexation of The Bridges, effective January 1, 2024, or such later date as Kent and Auburn may agree. BUDGET IMPACT: None. Packet Pg. 3 3.A SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Bridges Annexation-Concurring Resolution (PDF) Packet Pg. 4 3.A.a a� 0 c 0 r 0 x m c c a RESOLUTION NO. 2068 a L L A RESOLUTION of the City Council of the City of Kent, Washington, concurring in the City of 0 Auburn's annexation of"The Bridges" neighborhood, c pursuant to RCW 35.10.217(2), and authorizing the .2 Mayor to take all action and sign all documents 0 necessary to complete the annexation. a� 0 RECITALS L A. Since 2019, representatives from the cities of Kent and Auburn = have worked cooperatively together and determined that it would be a. advantageous to both cities for The Bridges neighborhood to be annexed to 1* the City of Auburn. The Bridges neighborhood is a community located on Lea M Hill that is within the municipal limits of the City of Kent but is entirely c surrounded by the City of Auburn. ' 0 B. RCW 35.10.217(2) authorizes the legislative body of a city, on its own initiative and through a resolution, to indicate its desire to annex all L L or part of another city to its own city, which annexation shall become U effective upon the other city's adoption of a resolution that concurs in that ci annexation. Consistent with RCW 35.10.217(2), the City of Auburn adopted 0 Resolution No. 5736 on September 18, 2023, resolving to annex The Bridges c neighborhood into the City of Auburn. a a� C. Subsequent to its adoption of Resolution No. 5736, the City of L Auburn filed its Notice of Intention to annex The Bridges neighborhood with m c a� 1 Annexation of the Bridges Neighborhood to the City of Auburn r Q Packet Pg. 5 3.A.a the King County Boundary Review Board, who accepted the City of Auburn's w 4- Notice of Intention as complete on October 10, 2023. The King County 0 0 Boundary Review Board failed to invoke jurisdiction on the Notice of x Intention within the 45-day period provided for by RCW 36.96.100, and as such, the annexation is deemed approved, which authorizes the City of Kent L under RCW 35.10.217(2) to concur in Auburn's annexation of The Bridges Q neighborhood. a� D. A public hearing was scheduled before the Kent City Council at •L L a special meeting on November 28, 2023, to consider adoption of a 0 resolution concurring in the City of Auburn's annexation of The Bridges L) c neighborhood. On October 31, 2023, the City provided notice of the public hearing to the homeowners association of The Bridges. On November 6, a� 2023, official notice of the public hearing was mailed to all owners of property r both within the annexation area and within 1,000 feet of The Bridges o neighborhood. Notice was also published online and in the newspaper on November 10, 2023, and posted on-site on November 15, 2023. E. Having given due consideration to all testimony provided during •" the public hearing, the Kent City Council desires to concur in the City of a Auburn's annexation of The Bridges neighborhood. M F. Applicable environmental procedures have been complied with 0 due to annexation being exempt from environmental review under the State 0 Environmental Policy Act, specifically RCW 43.21C.222. G. Concurrent with Council's adoption of this resolution, Council •L has authorized the Mayor to sign an interlocal agreement with the City of Auburn to effectuate the annexation and to take all action necessary to 0 transfer property rights, infrastructure, and records to the City of Auburn c .2 related to The Bridges neighborhood in accordance with the terms of that X interlocal agreement. a a� a� NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, m WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: c aD 2 Annexation of the Bridges Neighborhood to the City of Auburn r Q Packet Pg. 6 3.A.a a� RESOLUTION o c 0 SECTION 1, - Recitals Incorporated. The above recitals are x incorporated into this resolution and constitute findings of the Kent City Council. L SECTION 2, - Concurrence in Annexation. The Kent City Council, Q c pursuant to the provisions of RCW 35.10.217(2), hereby declares its L concurrence in the City of Auburn annexing certain territory known as "The Bridges," currently located within the City of Kent, which territory is legally 0 described in the attached and incorporated Exhibit A. Pursuant to RCW o r 35.10.217(2) and in accordance with the terms of the Interlocal Agreement c between the City of Kent and the City of Auburn Relating to the Annexation a� of The Bridges neighborhood, the annexation shall be effective January 1, r- 2024, or such later date as the cities of Auburn and Kent may otherwise 0, agree. x SECTION 3. - Mayor's Authorization. The Mayor is hereby authorized a to implement such administrative procedures as may be necessary to carry 1* out the directives of this resolution, including transmitting a copy of this M resolution to the City Clerk of the City of Auburn, and to sign all deeds and c other documents, and to take all other action as may be necessary, to 0 effectuate and finalize the City of Auburn's annexation of The Bridges neighborhood. L V SECTION 4, - Severability. If any one or more section, subsection, or 0 sentence of this resolution is held to be unconstitutional or invalid, such c .2 decision shall not affect the validity of the remaining portion of this resolution X and the same shall remain in full force and effect. a a� SECTION 5, - Corrections by City Clerk. Upon approval of the city :2 m attorney, the city clerk is authorized to make necessary corrections to this c a� 3 Annexation of the Bridges Neighborhood to the City of Auburn r Q Packet Pg. 7 3.A.a resolution, including the correction of clerical errors; resolution, section, or w 4- subsection numbering; or references to other local, state, or federal laws, o 0 codes, rules, or regulations. X a� SECTION 6, - Effective Date. This resolution shall take effect and be a c L in force immediately upon its passage. However, the annexation authorized through this resolution shall not take effect until January 1, 2024, or such Q later date as the cities of Kent and Auburn may agree. •L L 3 V 0 November 28, 2023 r- 0 DANA RALPH, MAYOR Date Approved 0 a� ATTEST: r c O November 28, 2023 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a APPROVED AS TO FORM: ti M C O r TAMMY WHITE, CITY ATTORNEY o a� a� c •L L 3 V 0 U c O R X d C C Q N d a1 •L m C d 4 Annexation of the Bridges Neighborhood to the City of Auburn r Q Packet Pg. 8 3.A.a Exhibit A Legal Description o "The Bridges" c r PARCEL A: THAT PORTION OF THE WEST HALF OF SECTION 4,TOWNSHIP 21 a NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND THAT PORTION OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 100, IN KING COUNTY, Q WASHINGTON, DESCRIBED AS FOLLOWS: c COMMENCING AT THE NORTH QUARTER CORNER OF SAID 3 SECTION 4; THENCE NORTH 88058-11" WEST, ALONG THE NORTH LINE OF 0 U GOVERNMENT LOT 3 IN SAID SECTION 4, A DISTANCE OF 285.00 c FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; 2 THENCE SOUTH 01 038'46"VILEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 272.00 FEET; THENCE SOUTH 88058'11" EAST, PARALLEL WITH THE NORTH t r LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 100.00 FEET; c THENCE SOUTH 01 038'46"VILEST, PARALLEL WITH THE EAST LINE a� OF SAID WEST HALF, A DISTANCE OF 114.00 FEET; •L THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 155.00 FEET TO = THE WEST LINE OF THE EAST 30.00 FEET OF THE NORTH HALF OF 2 SAID WEST HALF OF SAID SECTION 4; 3 THENCE SOUTH 01038'46" WEST, ALONG SAID WEST LINE, A a DISTANCE OF 1,996.88 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; M THENCE SOUTH 01039'29"VILEST, ALONG THE WEST LINE OF THE EAST 30.00 FEET OF THE SOUTH HALF OF SAID WEST HALF, A o DISTANCE OF 1,785.92 FEET; THENCE NORTH 88020'31"WEST A DISTANCE OF 147.00 FEET; 0 THENCE NORTH 01039'29" EAST A DISTANCE OF 210.32 FEET; THENCE NORTH 53055'59"WEST A DISTANCE OF 404.34 FEET; THENCE SOUTH 68048'00" WEST A DISTANCE OF 211.91 FEET; L THENCE SOUTH 21012'00" EAST A DISTANCE OF 459.70 FEET; THENCE SOUTH 09046'13" EAST A DISTANCE OF 210.08 FEET; o THENCE SOUTH 61013'34" WEST A DISTANCE OF 199.59 FEET; THENCE SOUTH 01049'08" EAST A DISTANCE OF 173.32 FEET; c THENCE SOUTH 35058'13" EAST A DISTANCE OF 333.21 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 30 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 87052'03" WEST, ALONG SAID NORTH LINE, A Q DISTANCE OF 122.31 FEET TO THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF TRACT B OF THE PLAT OF CRYSTAL MEADOWS, :2 ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 194 OF m` PLATS, PAGES 66 AND 67, IN KING COUNTY, WASHINGTON: m E U r r Q 5 Annexation of the Bridges Neighborhood to the City of Auburn Packet Pg. 9 3.A.a a� THENCE NORTH 23°16'08" WEST, ALONG SAID SOUTHERLY o EXTENSION AND THE MOST EASTERLY LINE OF SAID PLAT, A c DISTANCE OF 664.09 FEET; THENCE NORTH 75°37'53" WEST, ALONG THE MOST NORTHERLY LINE OF SAID PLAT, A DISTANCE OF 472.02 FEET TO THE EAST LINE OF TRACT 11 OF THE PLAT OF THE SOUND TRUSTEE COMPANY'S L THIRD ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 100, IN KING COUNTY, a WASHINGTON; THENCE SOUTH 01019'04" WEST, ALONG SAID EAST LINE, A DISTANCE OF 20.98 FEET TO A POINT ON SAID EAST LINE THAT IS L 50.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT c WHEN MEASURED ALONG SAID EAST LINE; THENCE NORTH 24°03'05" WEST A DISTANCE OF 305.93 FEET TO c A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID TRACT 11, SAID POINT BEING 135.00 FEET WESTERLY OF THE NORTHEAST N CORNER OF SAID SOUTH HALF, WHEN MEASURED ALONG SAID NORTH LINE; THENCE NORTH 26044'01" WEST A DISTANCE OF 377.13 FEET TO � A POINT ON THE NORTH LINE OF SAID TRACT 11 SAID POINT BEING 0, 313.36 FEET FROM THE NORTHEAST CORNER OF SAID TRACT 11; THENCE NORTH 88°01'34" WEST, ALONG THE LINE COMMON TO TRACTS 11 AND 10 OF SAID PLAT, A DISTANCE OF 1.69 FEET TO THE 2 SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTH 120 FEET OF SAID TRACT 10; a THENCE NORTH 01°30'12" EAST, ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTH 120 FEET OF SAID TRACT 10 TO THE M NORTHWEST CORNER OF THE EAST HALF OF THE SOUTH 120 FEET OF SAID TRACT 10; THENCE NORTH 88001'34" WEST, ALONG THE NORTH LINE OF o THE SOUTH 120 FEET OF SAID TRACT 10, A DISTANCE OF 315.03 FEET, MORE OR LESS, TO THE WEST LINE OF SAID TRACT 10; THENCE NORTH 01°30'51" EAST, ALONG THE WEST LINE OF L TRACTS 10 AND 9 IN SAID PLAT, A DISTANCE OF 1,205.45 FEET, U MORE OR LESS, TO THE NORTHWEST CORNER OF SAID TRACT 9; o THENCE SOUTH 87°49'18" EAST, ALONG THE NORTH LINE OF SAID TRACT 9, A DISTANCE OF 629.64 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID TRACT 9 AND THE WEST LINE OF x THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF � SAID SECTION 4; a THENCE NORTH 01°53'09" EAST, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 1 ,323.31 FEET, TO THE NORTHEAST CORNER OF SAID PLAT; 00 THENCE NORTH 87037'04" WEST. ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 13.17 FEET TO THE WEST LINE OF E U Q 6 Annexation of the Bridges Neighborhood to the City of Auburn Packet Pg. 10 3.A.a a� GOVERNMENT LOT 3 OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON- 0 THENCE NORTH 01°41'41" EAST, ALONG SAID WEST LINE, A DISTANCE OF 1,035.34 FEET TO THE NORTHWEST CORNER OF SAID X GOVERNMENT LOT 3; THENCE SOUTH 88"58'11" EAST, ALONG THE NORTH LINE OF a SAID GOVERNMENT LOT 3, A DISTANCE OF 1,030.65 FEET TO THE TRUE POINT OF BEGINNING. 3 a L L PARCEL B: THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 0 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, c WASHINGTON, AND THAT PORTION OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF, c RECORDED IN VOLUME 13 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID 0 SECTION 4; THENCE NORTH 88058-11" WEST, ALONG THE NORTH LINE OF GOVERNMENT LOT 3 IN SAID SECTION 4, A DISTANCE OF 285.00 = FEET; 2 THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE a OF SAID WEST HALF, A DISTANCE OF 272.00 FEET; THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 100.00 FEET; THENCE SOUTH 01038'46" WEST, PARALLEL WITH THE EAST LINE 0 OF SAID WEST HALF, A DISTANCE OF 114.00 FEET; THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 155.00 FEET TO THE WEST LINE OF THE EAST 30.00 FEET OF THE NORTH HALF OF 0' SAID WEST HALF OF SAID SECTION 4; 3 THENCE SOUTH 01°38'46" WEST, ALONG SAID WEST LINE, A r- DISTANCE OF 1 ,996.88 FEET TO THE SOUTH LINE OF THE U NORTHWEST QUARTER OF SAID SECTION 4; c THENCE SOUTH 01039'29" WEST, ALONG THE WEST LINE OF THE EAST 30.00 FEET OF THE SOUTH HALF OF SAID WEST HALF, A DISTANCE OF 1 ,785.92 FEET TO THE TRUE POINT OF BEGINNING; a THENCE NORTH 88°20'31" WEST A DISTANCE OF 147.00 FEET; THENCE NORTH 01°39'29" EAST A ❑ISTANCE OF 210.32 FEET; THENCE NORTH 53°55'59" WEST A DISTANCE OF 404.34 FEET; m THENCE SOUTH 68°48'00" WEST A DISTANCE OF 211.91 FEET; THENCE SOUTH 21°12'00" EAST A DISTANCE OF 459.70 FEET; THENCE SOUTH 09"46'13" EAST A DISTANCE OF 210.08 FEET: Q 7 Annexation of the Bridges Neighborhood to the City of Auburn Packet Pg. 11 3.A.a a� THENCE SOUTH 61°13'34" WEST A DISTANCE OF 199.59 FEET; o THENCE SOUTH 01°49'08" EAST A DISTANCE OF 173.32 FEET: c THENCE SOUTH 35058'13" EAST A DISTANCE OF 333.21 FEET TO A POINT ON THE NORTH LINE OF THE OF THE SOUTH 30 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 4; a THENCE SOUTH 87°52'03" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 373.50 FEET: THENCE ALONG THE ARC OF A 40.00 FOOT RADIUS TANGENT Q CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90°28'28", AN ARC DISTANCE OF 63.16 FEET TO THE WEST LINE OF THE EAST 30 L FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 01°39'29" EAST, ALONG SAID WEST LINE, A 0 DISTANCE OF 774.10 FEET TO THE TRUE POINT OF BEGINNING. 0 r SITUATE IN KING COUNTY, WASHINGTON. o Z SURVEYOR'S CERTIFICATE r- THIS LEGAL DESCRIPTION WAS PREPARED BY ME IN CONFORMANCE 0, WITH THE REQUIREMENTS OF WAC 332-130-040 AT THE REQUEST OF THE CITY OF AUBURN ON � a VEMBER 16, 2023. 2 •� ICI PREPARED BY: .. o ti M C DATE: 11/21/2023 ' THOMAS ALLEN GINSBURG LS REGISTRATION 52833 CITY OF AUBURN •L (253) 288-3157 52833 0 '11/2'1,12023 c x c c Q m a� L m -END- E U r r Q 8 Annexation of the Bridges Neighborhood to the City of Auburn Packet Pg. 12 4.A • KENT *A S M IN G T O N DATE: November 28, 2023 TO: Kent City Council SUBJECT: Convey Sensitive Area Tracts at The Bridges — Authorize MOTION: I move to authorize the Mayor to sign a Quit Claim Deed conveying 59.25 acres of sensitive area tracts in The Bridges neighborhood to Copper Creek (Auburn) Homeowners Association, subject to all existing development and land use restrictions of record and final terms acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: Since 2019, representatives from the cities of Kent and Auburn have been working together to allow the City of Auburn to annex The Bridges neighborhood ("the Bridges"). At the time The Bridges was developed through a Planned Unit Development ("PUD"), 59.25 acres of sensitive area tracts were dedicated to the City of Kent. The sensitive area tracts were established to protect wetlands and associated buffers in accordance with the City of Kent's Critical Areas Ordinance in effect at the time The Bridges PUD was originally submitted to the City in 2004. The easement recorded on the face of the PUD contains broad limitations against future development or disturbance of vegetation within these tracts. Although annexation typically transfers ownership of publicly owned tracts to the receiving city, the City of Auburn had advised that it would not accept the sensitive area tracts through annexation. As such, on January 17, 2023, the Kent City Council adopted and declared through Resolution No. 2053 that The Bridges' Sensitive Area Tracts were surplus to the City's needs. Given the significant development and land use restrictions imposed against the Sensitive Area Tracts, and the legal responsibility of the owner to abate any use of those tracts that runs contrary to those restrictions, the Sensitive Area Tracts have little to no independent value. The required wetland protection measures and maintenance responsibilities will not change upon the transfer of the Sensitive Area Tracts to another entity. Instead, the limitations will run with the land and become the obligation of any future owner. To date, only Copper Creek (Auburn) Homeowners Association has expressed an interest in taking on this obligation. Packet Pg. 13 4.A To support the City of Auburn's annexation of the The Bridges, City staff recommends Council transfer the Sensitive Area Tracts at The Bridges to Copper Creek (Auburn) Homeowners Association, conveying with the tracts all development and use restrictions of record. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Quit Claim Deed - City to Copper Creek HOA (PDF) 11/07/23 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 11/28/2023 5:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Michaud, Troutner Packet Pg. 14 4.A.a m N WHEN RECORDED RETURN TO: 0 r City Clerk Q City of Kent 220 Fourth Avenue South :2 Kent, Washington 98032 m a� r L Grantor: City of Kent �a a� L Grantee: Copper Creek (Auburn) Homeowners Association a a� r Abbreviated Legal Description: Tracts B, I, Y, and TT of the Bridges Planned Unit Development a� Additional Legal Description on: Exhibit "A" o U Assessor's Tax Parcel ID No.: 108562-3810 (Tract B); 108562-3830 (Tract I) 108562-3870 (Tract Y); 108562-3920 (Tract TT) STR: SW-4 -21-5 M Project Name: Bridges Deannexation - Sensitive Area Tracts Conveyance p x Y d L QUIT CLAIM DEED L Q The City of Kent, a Washington municipal corporation ("Grantor"), for and in c consideration of mutual benefits derived and/or other valuable consideration receipt U of which is hereby acknowledged by Grantor, conveys and quit claims to Copper Creek (Auburn) Homeowners Association, ("Grantee"), all its interest, including any after acquired title, in the following described real property parcels, situated in King ' County, Washington, subject to the reservations set forth herein: 0 TRACTS B, I, Y, AND TT, BRIDGES, ACCORDING TO THE PLAT E THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 CY NORTH, RANGE 5 EAST, W.M. E Tracts B, I, Y, and TT are sensitive area tracts within the Bridges Planned Unit Development ("Bridges PUD"), created for the purpose of preserving native Q vegetation, controlling surface water and erosion, maintaining slope stability, QUIT CLAIM DEED - Page 1 of 3 Packet Pg. 15 4.A.a providing visual and aural buffering, and protecting water quality, plant ecology and wildlife habitat. As detailed on the recorded plat, these sensitive area tracts carry the obligation to leave undisturbed all trees and other vegetation within the tract, as well as a limitation that no building foundations, structures, or obstructions are allowed N •L within 15 feet of the boundary of each sensitive area tract. 0 r RESERVATIONS Q i as This conveyance of Tracts B, I, Y, and TT to Grantee is subject to a reservation -� by Grantor for public utilities easements with necessary appurtenances, for the m installation, operation, maintenance, extension, construction, alteration, reconstruction and repair of such utilities over, under, through, across and upon each Tract as provided in the plat of the Bridges PUD, recorded in volume 245 of plats, N pages 1 through 38, records of King County, Washington, located in the West half of Section 4, Township 21 North, Range 5 East, W.M. �a as L This conveyance of Tracts I and Y to Grantee is also subject to a reservation Q by Grantor of all its rights and privileges provided in the Easement Agreement recorded under King County recording number 20050401001754. n c as Grantor shall have the right to freely assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under the > foregoing easements. These easements shall be covenants running with the land, U and shall bind all successors, heirs and assigns, and all future owners of the real property affected by these easements. M Q GRANTOR: _ lid as as L U L By: Dana Ralph a Its: Mayor U Date: ° t� as as 0 E .2 U Cl r c as E Q QUIT CLAIM DEED - Page 2 of 3 Packet Pg. 16 4.A.a STATE OF WASHINGTON ) SS. N COUNTY OF KING ) 0 r I certify that I know or have satisfactory evidence that Dana Ralph is the person Q who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and -� acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of m such party for the uses and purposes mentioned in the instrument. Dated: N U L -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. y c a� a� 0 (Signature) NOTARY PUBLIC, in and for the State o of Washington, residing at My appointment expires Q 0 lid L U L Q Q 0 U 0 U m a� E .2 U Cl r c a� E t v Q QUIT CLAIM DEED - Page 3 of 3 Packet Pg. 17 4.B • KENT *A S M IN G T O N DATE: November 28, 2023 TO: Kent City Council SUBJECT: Interlocal Agreement with City of Auburn for The Bridges Annexation - Authorize MOTION: I move to authorize the Mayor to sign an Interlocal Agreement with the City of Auburn in support of Auburn's annexation of "'The Bridges" neighborhood, subject to final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: Since 2019, representatives from the cities of Kent and Auburn have worked cooperatively together and determined that it would be advantageous to both cities for The Bridges neighborhood ("The Bridges") to be annexed to the City of Auburn. The Bridges is a community located on Lea Hill that is within the municipal limits of the City of Kent but is entirely surrounded by the City of Auburn. The cities have elected to proceed with the annexation method provided for through RCW 35.10.217(2), which provides that an annexation may become effective upon each city adopting a resolution-Auburn, a resolution declaring its intent to annex The Bridges, and Kent, a resolution concurring in Auburn's annexation of The Bridges after first holding a public hearing on the annexation. Tonight, the Kent City Council will hold the necessary public hearing. At the close of that public hearing, Council will be asked to adopt a resolution concurring in Auburn's annexation of The Bridges, effective January 1, 2024, or such later date as Kent and Auburn may agree. Separate from the formal annexation process itself, there are a number of other actions that need to occur related to annexation, including the transfer of right-of- way and other property rights; the transfer of records, including records related to infrastructure, land use, permits, code enforcement, animal licensing, etc.; determining how building and land use permit applications will be processed between now and when the annexation takes effect; and the transfer of existing franchises within the annexation area to Auburn. This interlocal agreement outlines how these various transfers will occur. The Auburn City Council authorized its Mayor to sign this Interlocal Agreement at its meeting on October 16, 2023. BUDGET IMPACT: None. Packet Pg. 18 4.B SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Bridges Annexation-ILA btwn Kent and Auburn (PDF) 11/07/23 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 11/28/2023 5:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Michaud, Troutner Packet Pg. 19 4.B.a INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF AUBURN RELATING TO THE ANNEXATION OF THE BRIDGES .2 x THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered by and between the City of Kent, a Washington municipal corporation ("Kent") and the City of Auburn, a Washington a municipal corporation ("Auburn"). Together, Kent and Auburn are referred to as "the Parties." I. RECITALS m` as A. The Bridges Property. There exists certain territory located within the corporate boundaries of the City of Kent and its Urban Growth Area known as "The Bridges" ° neighborhood. Surrounded on all sides by incorporated areas of Auburn, The Bridges 3 generally consists of an existing single family residential community with 379 houses, a 3 collection of open space tracts, public street and utility infrastructure, and approximately Q 13 acres of yet-to-be-developed vacant land. The Bridges neighborhood is shown on the attached Exhibit A and specifically described in the attached legal description in Exhibit A- 1 ("The Bridges" or the "Annexation Area"). 3 B. The Parties' Cooperative Approach. Both cities desire to work together for the mutual and overall benefit of The Bridges. Since 2019, representatives of the Parties' have worked cooperatively together, and have determined that it is advantageous to both for The Bridges to be annexed into Auburn. a C. Ch. 35.10 RCW Annexation Process. Ch. 35.10 of the Revised Code of Washington U ("RCW") provides a process by which one city may annex property located within another city, subject to potential review by a boundary review board and concurrence in the annexation by the second city. Auburn initiated this process under RCW 35.10.217 by adopting Resolution No. 5736, declaring Auburn's desire and intention to annex the o Bridges. c L D. Purpose of this ILA. The purpose of this Agreement is to address the rights and responsibilities of the Parties related to the annexation of The Bridges into Auburn, Q including but not limited to providing for the: smooth transfer of ownership and maintenance of roads, bridges and other publicly-owned real property; orderly transition a of public services; appropriate timing for the transfer of public records; and the processing of vested building permit applications (if any)for a transitional period following annexation. Y The Parties'governing bodies have determined to enter into this Agreement as authorized 3 and provided for in the Interlocal Cooperation Act, Ch. 39.34 RCW, and other applicable law. J NOW THEREFORE, in consideration of the mutual terms, provisions and obligations g contained herein, it is agreed by and between the Parties as follows: x as c II. AGREEMENT a N N A. Effective Date, Term and Termination. ML W This Agreement shall be effective following approval by the Parties' respective City Councils and execution by their Mayors ("Agreement Effective Date"). This Agreement shall continue in force for a period of five (5) years from the Agreement Effective Date or �a a 1 Packet Pg. 20 4.B.a the final disposition of any appeal related to any subject matter included in this Agreement, whichever is later ("Term"), unless earlier terminated as provided herein. .2 x B. Annexation Process. c a Annexation shall be implemented utilizing the process set forth in RCW 35.10.217(2), as supplemented by the provisions of this Agreement set forth below. -� ML W 1. Auburn Resolution Declaring Intent to Annex. L Auburn has commenced the annexation process under RCW 35.10.217(2) by ° adopting Resolution No. 5736 on September 18, 2023, declaring its desire and 3 intention to annex The Bridges. 3 Q 2. Auburn Notice of Intention to Annex. Pursuant to RCW 35.10.217 and RCW 36.93.090, within two (2) weeks following of adoption of Resolution No. 5736,Auburn will file a Notice of Intent to Annex with 3 the Washington State Boundary Review Board for King County ("BRB"). a� 3. Kent Concurrence in Auburn's Annexation. L The Kent City Council will adopt a resolution concurring in Auburn's annexation of a The Bridges, but agrees that it will do so no sooner than but as soon as reasonably o practicable after either (a) issuance of a decision by the BRB approving the annexation, if the BRB's jurisdiction is invoked pursuant to RCW 36.93.100, or (b) the passage of a period of forty-five days after Auburn's submission to the BRB of a Notice of Intention to Annex, without the board's jurisdiction having been invoked o by one of the methods provided in RCW 36.93.100, whichever occurs first. Prior to adoption of a concurring resolution, Kent shall hold at least one public hearing, E notice of which shall be mailed to the owners of the property within The Bridges in the manner required by RCW 35.10.217(2) and chapter 35.43 RCW. Q 4. Protest of Annexation. a c Pursuant to RCW 35.10.217(2), if a written protest purporting to be signed by Y owners of property equal in value to 60% or more of the assessed valuation of the 3 property in the Bridges is submitted to Auburn within 30 days after Kent adopts its concurring resolution, the Parties will confer regarding whether to suspend J sections or all of this agreement during the period prior to validation of the protest by Auburn or by any court of competent jurisdiction. Should such a protest be g determined to be valid, timely filed and otherwise and in compliance with the x requirements of RCW 35.10.217(2), this Agreement shall terminate, and the c Parties agree that Auburn Resolution No. 5736 and any Kent resolution concurring Q therein shall be of no further force or effect. 5. Auburn Finalization of Annexation by Ordinance. m Following Kent's adoption of a resolution concurring in Auburn's annexation, Auburn shall effectuate the annexation by adoption of an ordinance annexing The Bridges as shown and described in Exhibits A and A-1. A certified copy of the a a 2 Packet Pg. 21 4.B.a annexation ordinance as adopted shall be filed with the King County Board of Commissioners. Upon the date fixed in the ordinance, which the Parties agree ° r shall be no later than January 1, 2024, or such later date as may be mutually x agreed by the Parties ("Annexation Effective Date"), the Bridges shall become part of Auburn. Auburn and Kent shall take such further actions as may be necessary a to revise their corporate boundaries to reflect annexation of The Bridges into Auburn. Following the Annexation Effective Date, all property within The Bridges -2 shall be assessed and taxed at the same rate and on the same basis other real m property within Auburn is assessed and taxed to pay for the portion of any then- outstanding indebtedness of Auburn, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation. ° c L C. Transfer of Property and Conveyance of Title. Q 1. Open Space Properties. ° Upon or prior to the Annexation Effective Date, Kent shall transfer and convey by deed all "open spaces" identified in Exhibit B attached hereto ("Open Space 3 Properties") to a non-governmental entity. No Open Space Properties shall be transferred to the ownership of Auburn as a result of annexation. However, Kent will reserve from the Open Space Properties necessary public storm drainage and maintenance easements, which Kent will subsequently assign to the City of Auburn. a �a U 2. Public Natural Areas Easement. ° L Upon or prior to the Annexation Effective Date, Kent shall assign to Auburn all of its right and interest in the Public Natural Areas Easement identified in Exhibit C o (the "Public Natural Areas Easement") via an assignment in substantially the form attached as Exhibit C-1. Auburn shall accept the Public Natural Areas Easement, E subject to its rights, conditions, covenants, obligations, limitations, and reservations of record. 3 a 3. Right-of-Way Properties. a c Upon or prior to the Annexation Effective Date, Kent shall transfer and convey to Y Auburn all of its ownership interest in the rights-of-way, easements and road- 3 related properties described in Exhibit D (the "ROW Properties"), via a quitclaim deed in substantially the form attached as Exhibit D-1. Auburn shall accept the J Properties subject to all of their respective rights, conditions, covenants, obligations, limitations, and reservations of record. g x 4. Stormwater Facilities. c c a Upon or prior to the Annexation Effective Date, Kent shall transfer and convey to Auburn all of Kent's right, title, and ownership interests in certain public stormwater -� facilities and appurtenances associated with the ROW Properties and identified in m Exhibit E (the "Stormwater Facilities"), via a quitclaim deed and an easement assignment in substantially the forms attached as Exhibit E-1 and Exhibit E-2, a respectively. The Stormwater Facilities include but are not limited to structures, pipes or lines, catch basins, or other drainage or other non-water utility equipment. a a 3 Packet Pg. 22 4.B.a 5. Kent Water Utility Property and Interests. 0 x Kent shall retain all right, title, and/or interest in all properties related to and necessary for its water utility system, listed and legally described in Exhibit F ("Kent a Properties"), which shall not be transferred to Auburn but shall remain within Kent's ownership. -� ML W 6. All Other Interests. All other rights, title, and/or interests in the Annexation Area, not specifically reserved by Kent or conveyed to a non-governmental entity through this Agreement or any deed, shall transfer to Auburn on the Annexation Effective ° Date. L 7. Condition of ROW Properties and Stormwater Facilities. Q 0 Auburn has inspected the ROW Properties and Stormwater Facilities prior to the Agreement Effective Date, and agrees that, upon the Annexation Effective Date, Auburn shall accept ownership of them in their then existing, AS-IS condition and 3 assume full and complete responsibility for all operations, maintenance, repairs, improvements of, and provisions of services upon them, except as otherwise set forth in Section II.H (Environmental Liability) and II.F.2 (Maintenance Prior to Annexation Effective Date). a 8. No Warranties. U 0 L Kent does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the condition of the ROW Properties and Stormwater Facilities at the o time of the Annexation Effective Date, and no official, employee, representative, or agent of Kent is authorized to represent otherwise. E 9. No Merger. a The terms, covenants, representations, and warranties continued in this a Agreement shall not merge into any deed of conveyance, but shall survive the conveyance of each of the Open Space and ROW Properties, and Stormwater Y Facilities, as applicable, and shall continue in force unless both parties mutually 3 consent in writing to termination. a J 10. Deeds Control. 0 If there is any conflict between the terms and provisions of this Agreement and the x terms and provisions of any deed executed to convey the Properties and Personal c Property, then the terms and provisions of the deed shall control. Q N N D. Records Transfer. ML W 1. Infrastructure Records. c as Within sixty (60) days of the Annexation Effective Date, or such other extension of time as Kent may request and Auburn may approve, which approval shall not a a 4 Packet Pg. 23 4.B.a unreasonably be withheld, Kent shall transfer to Auburn all public records associated with the property of The Bridges, including public easements, deeds, 2 r franchise agreements, right-of-way permits authorizing uses for a duration greater X than 30 days, speed studies, traffic studies, inspection reports, GIS data, and record drawings or construction drawings related to transferred facilities and a properties within the annexed area. Kent may elect to provide original records or copies of records. Kent shall provide all records free of charge to Auburn. Kent -� shall not be required to provide any records created after the Annexation Effective m Date unless and until requested by Auburn. L 2. Land use-related records. ° c L Within sixty (60) days of the Annexation Effective Date, or such other extension of 3 time as Kent may request and Auburn may approve, which approval shall not Q unreasonably be withheld, Kent shall transfer to Auburn those records associated with development of the plat and the Planned Unit Development (PUD) and subsequent modifications maintained by Kent's Economic and Community Development Department and its Permit Center. This shall include, but not be 3 limited to, project files related to SEPA, the plat, the PUD, critical area evaluations, variances, conditional use permits, floodplains, infrastructure, grading, and all associated amendments. Kent may elect to provide original records or copies of records. Kent shall provide all records free of charge to Auburn. Kent shall not be required to provide any records created after the Annexation Effective Date unless a and until requested by Auburn. o L 3. Building permit records. The City of Kent will be and remain the primary records custodian for any and all o residential building permit records involving The Bridges processed by the City of Kent at any time before, during, or after the Annexation Effective Date. The City of E Kent will be solely responsible to comply with all Secretary of State records retention requirements for building permit records. If Auburn requests any building Q permit records from Kent those records will be provided free of charge to Auburn. c ca 4. Code enforcement records. c a� Y The City of Kent will be and remain the primary records custodian for any and all 3 code enforcement records involving the City of Kent's code enforcement within the Bridges. The City of Kent will be solely responsible to comply with all Secretary of J State retention requirements. If Auburn requests any code enforcement records from Kent those records will be provided free of charge to Auburn. g x 5. Animal licensing records. c c a Kent is a partner with Regional Animal Services of King County for animal services, including pet licensing. Under an interlocal agreement between King County and -� Kent, King County will provide upon request an extraction from its database of m current pet license data files. These data files will include pets owned, owners, addresses, phone numbers, e-mail addresses, violations, license renewal status, and any other relevant or useful data maintained in King County's database on pets licensed within Kent. Within sixty (60) days of the Annexation Effective Date, a a 5 Packet Pg. 24 4.B.a Kent will request King County provide this database extraction for pet owners residing within The Bridges, and Kent will provide this extraction to Auburn. Under 2 r the Kent-King County Animal Services interlocal agreement, the data extraction X will be provided in an electronic format agreed to by Kent and King County. Kent and Auburn will coordinate with King County to facilitate the extraction and transfer a of the data files to Auburn in an electronic format acceptable to Auburn. 6. Other records. m a� If Auburn requests any records from Kent related to this Agreement and its annexation of the Bridges, those records will be provided free of charge to Auburn. ° c L 7. Records term. Q All obligations under this Section will be a continuing obligation and not subject to the 5 year term of this Agreement. U t E. Development Permit Processing. 3 c 1. Building Permit Applications Submitted Prior to Annexation Effective Date. as as Building permit applications submitted to Kent and paid for prior to the Annexation Effective Date will be reviewed by Kent, who shall be the agency responsible for a the issuance of said building permits and for completing all building inspections o until final building inspection approval is issued. The City of Kent shall retain all permit and plan review fees associated with said building permit applications. 2. Building Permit Applications For Which Fees Not Timely Paid. o M Applications that are submitted to Kent prior to the Annexation Effective Date but for which application fees are not paid within two weeks from the date of the Effective Date shall be transferred to the City of Auburn for processing. Q 3. Land Use Permit Applications a .W c Applications submitted and determined to be complete prior to the Annexation Y Effective Date will be reviewed by Kent, and a decision issued by the City of Kent. 3 Kent shall treat such land use applications determined complete as vested to the Kent zoning and development standards in effect at the time that the application is J determined to be complete. Applications submitted prior to the Annexation Effective Date that are determined to be incomplete, or for which no completeness g determination was made prior to the Annexation Effective Date, shall be rejected x by Kent and the applicant referred to the City of Auburn for application submittal c and review. Appeals of any Kent land use decisions issued under this subsection Q II.E.3 shall be processed and decided by Kent through a final land use decision. a� 4. Utility and Other Permit Applications m a. Sewer connections and repairs. Auburn is the sewer utility provider in The Bridges prior to annexation and will remain the sewer utility provider after the Annexation Effective Date. Therefore, sewer utility application review, a a 6 Packet Pg. 25 4.B.a issuance and fee collection are unchanged and not affected by this Agreement. 2 r x b. Water connections and repairs. Kent is the water utility provider for the Annexation Area, including the PUD's future development tracts, prior to a annexation and will remain the water utility provider after the Annexation Effective Date. Therefore, water utility connection application review, -� issuance and fee collection are unchanged and not affected by this m Agreement. L C. Storm utility permits. Applications determined to be complete prior to the ° Annexation Effective Date will be reviewed and decided by Kent. 3 Associated fees shall be retained by the City of Kent and inspections 3 completed by the City of Kent. Applications submitted prior to the Q Annexation Effective Date but determined to be incomplete, or for which a determination of completeness was not yet issued by the Annexation Effective Date, shall be rejected and referred to the City of Auburn for submittal, review, issuance, and payment. Within 1 week of the Annexation 3 Effective Date, Kent will provide Auburn a list of all storm utility permit applications deemed complete prior to the Annexation Effective Date. as as d. Utility or Minor Utility Work Permits. Applications determined to be complete prior to the Annexation Effective Date will be reviewed and a decided by Kent. Associated fees shall be retained by the City of Kent and o inspections completed by the City of Kent. Applications submitted prior to the Annexation Effective Date but determined to be incomplete, or for which a determination of completeness was not yet issued by the Annexation Effective Date, shall be rejected and referred to the City of Auburn for o submittal, review, issuance, and payment. c L e. Right-of-Way Permits. Applications determined to be complete prior to the Effective Date will be reviewed by Kent. Associated fees shall be retained Q by Kent and inspections completed by Kent. Applications submitted prior to the Annexation Effective Date but determined to be incomplete, or for a which a determination of completeness was not yet issued by the Annexation Effective Date, shall be rejected and referred to the City of Y Auburn for submittal, review, issuance, and payment. 3 F. Utilities. J IL 1. Stormwater Facilities pre-transfer inspection. Auburn has inspected the g Stormwater Facilities and identified corrective and normal maintenance work, that x has been completed by Kent. c c a 2. Stormwater Facilities Maintenance Prior to Annexation Effective Date. Kent will continue to maintain the Stormwater Facilities consistent with the Kent City Code -� prior to the Annexation Effective Date. Prior to annexation, any deficiencies m identified by the City of Kent, including through annual inspections, shall be corrected before transfer to the City of Auburn. �a a 7 Packet Pg. 26 4.B.a 3. Private Stormwater Facilities. The private storm facilities as identified in Exhibit G ("Private Stormwater Facilities")will remain the responsibility of The Bridges Home .2 Owner Association, which shall have full and complete responsibility for the X operation, maintenance, repairs, and any improvements to the Private Stormwater Facilities, subject to all applicable permits for completion of such work. a as 4. Potable Water Facilities. Within 60 Days following the Agreement Effective Date -� Kent shall apply for a Water Franchise to operate its water system within the m Annexation Area within the City of Auburn. Auburn shall allow for normal and continual operation of the Kent water system throughout the franchise application and negotiation process, subject to Kent obtaining the appropriate construction ° permits for any work to be completed within Auburn's right-of-way following the 3 Annexation Effective Date. Kent's continual operation of the water system shall be 3 subject to the indemnification provisions of this agreement, Section 11.1, until Kent Q and Auburn execute a water franchise. Kent shall restore any portions of Auburn ROW Properties disturbed during Kent construction work on Kent's water system in compliance with the Auburn City Code and Auburn's Engineering Design and Construction Standards. 3 c G. Future Land Use Designation. as as Through separate City of Auburn Ordinance, the City of Auburn will adopt the comprehensive plan future land use designations and zoning designations for the Bridges a consistent with Auburn City Code and all applicable law. The City of Auburn's future land o use designation as part of the annexation is exempt from review under the State Environmental Policy Act provisions of Ch. 43.21 C RCW. H. Environmental Liability. o M "Hazardous materials" as used in this section shall mean any hazardous, dangerous or E toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. Nothing in this agreement shall be deemed to Q waive any statutory claim for contribution that Auburn might have against Kent under 'a federal or state environmental statutes that arises from hazardous materials deposited or a released on the Public Stormwater System during Kent's period of ownership.Auburn may not, however, assert such a claim to the extent that Auburn creates the need for or Y exacerbates the cost of remediation upon which a statutory claim for contribution is based 3 as a result of Auburn performing construction activities on, changing the configuration of, or changing the use of the Public Stormwater System. J IL 1. If Auburn discovers the presence of hazardous materials at levels that could give g rise to a statutory claim for contribution against Kent it shall immediately notify Kent x in writing. The parties shall make their best efforts to reach agreement as to which c party is responsible for remediation under the terms of this Agreement prior to Q undertaking any remediation. a� 2. In no event shall Kent be responsible for any costs associated with remediation m that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. �a a 8 Packet Pg. 27 4.B.a I. Indemnification. 0 r Kent shall indemnify and hold harmless Auburn and Auburn's elected officials, officers, X agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those a occurrences related to any rights or responsibilities pursuant to Kent's regulatory jurisdiction in The Bridges, or Kent's ownership of property and utilities within The Bridges, -� that occurred prior to the Annexation Effective Date. In the event that any suit based upon m such a claim, action, loss or damage is brought against Kent, or Auburn and Kent, Kent shall defend the same at its sole cost and expense and, if final judgment be rendered against Auburn and its elected officials, officers, agents and employees or jointly against ° Auburn and Kent and their respective elected officials, officers, agents and employees, 3 Kent shall satisfy the same. 3 Q Auburn shall indemnify and hold harmless Kent and its elected officials, officers, agents o and employees, or any of them,from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to any rights or responsibilities pursuant to Auburn's regulatory 3 jurisdiction in The Bridges, or Auburn's ownership of property and utilities within The Bridges, that occur after the Annexation Effective Date. In the event that any suit based upon such a claim, action, loss or damage is brought against Kent, or Kent and Auburn, Auburn shall defend the same at its sole cost and expense and, if final judgment be rendered against Kent and its officers, agents and employees or jointly against Kent and a Auburn and their respective officers, agents and employees, Auburn shall satisfy the o same. a� c For a period of three years following transfer, each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise o or are brought against that Party relating to or pertaining to the regulatory jurisdiction or ownership of property and utilities within The Bridges. E Each Party to this Agreement agrees that its obligations under this Section 11.1 extend to Q any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party to this Agreement, by mutual negotiation, hereby a waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, Y but only to the extent necessary to indemnify the other party. The provisions of this Section 3 shall survive the expiration or termination of this Agreement. a J J. Offenses Occurring Prior to Annexation Effective Date. 0 All offenses defined by law as crimes, traffic infractions or civil infractions that occur within x The Bridges annexation area prior to the Annexation Effective Date will be considered c offenses within the jurisdiction of the City of Kent for the purposes of prosecution, court Q filing costs, payment of any fees or assessments associated with, financial responsibilities for jail services to the extent financial responsibility attaches, and any other corresponding -� case enforcement liabilities. All such offenses occurring on or after the Annexation m Effective Date will be considered offenses within the jurisdiction of the City of Auburn for the purposes of prosecution, court filing costs, payment of any fees or assessments a� associated with, and financial responsibilities for jail services to the extent financial responsibility attaches. a a 9 Packet Pg. 28 4.B.a K. Police Services. .0, x At 12:01 a.m. on the Annexation Effective Date, Kent's responsibility for police service within The Bridges shall cease, and Auburn's responsibility shall commence. For a purposes of this Section II.K, "police service" includes all police functions, services and obligations, including general authority law enforcement, animal control, and vehicle -� parking enforcement. The police chiefs of Kent and Auburn will work together to ensure a m smooth transition plan and a continued partnership. Kent agrees to provide Auburn with any community contact lists that Kent may have regarding the Annexation Area upon L. request. ° c L L. Valley Regional Fire Authority. 3 Q At 12:01 a.m. on the Annexation Effective Date, regional fire authority will be transferred o to the Valley Regional Fire Authority. U t M. Communication Strategy. 3 c The City of Kent and the City of Auburn will work cooperatively to develop and deliver a communication strategy that seeks input from the diverse members of the community at all times prior to annexation. a N. Franchises. U 0 L Within sixty (60) days of the Annexation Effective Date, Kent shall transfer to Auburn all records associated with any franchises. This shall include, but not be limited to, applications, ordinances, and all maps showing franchise locations. Applications o determined to be complete prior to the Annexation Effective Date will be reviewed and decided by Kent. For applications submitted prior to the Annexation Effective Date that E have not been determined to be complete, the application shall be rejected by the City of Kent and the applicant referred to the City of Auburn for application submittal and review. Kent may elect to provide original records or copies of records. Kent shall provide all records free of charge to Auburn. Kent shall not be required to provide any records created a after the Annexation Effective Date unless and until requested by Auburn. Y O. All Prior Kent Ordinances Repealed Upon Annexation Effective Date. 3 Pursuant to RCW 35.10.320, the City of Auburn shall repeal all City of Kent ordinances J effective at 12:01 a.m. on the Annexation Effective Date. Simultaneous to the repeal of all City of Kent ordinances, all City of Auburn ordinances and regulations will take effect at g 12:01 a.m. on the Annexation Effective Date. x m c P. Miscellaneous. Q N N 1. Compliance with Laws. Each Party accepts responsibility for compliance with -� federal, state, and local laws and regulations. Specifically, in meeting the m 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 a a 10 Packet Pg. 29 4.B.a development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the Parties do not purport to abrogate the decision- 0 r making responsibility vested in them by law. X c 2. Entire Agreement. This Agreement together with all Exhibits hereto contains all of a 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. -� ML W 3. Filing.A copy of this Agreement shall be filed with the Auburn and Kent City Clerks. Kent will record this Agreement with the King County Recorder's Office. 0 4. Amendments. No provision of this Agreement may be amended or modified except 3 by written agreement signed by the Parties. If it is later determined that a topic should have been addressed in this Agreement but was inadvertently overlooked, Q each agency authorizes its mayor to negotiate and sign an amendment to this 0 Agreement without further approval being required by its respective legislative body. 3 5. 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. a 6. Successors in interest. Subject to the foregoing subsection, the rights and o obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. 7. No waiver. Failure of either the County or the City to declare any breach or default o immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. E 8. Authority. Each individual executing this Agreement on behalf of each city Q represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City of Auburn or the City of Kent. a c 9. Performance. Time is of the essence of this Agreement and each and all of its Y provisions in which performance is a factor. 3 10. Equal Opportunity to Draft. The Parties have participated and had an equal J 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 g language. x as c 11. Third Party Beneficiaries. This agreement is made and entered into for the sole Q 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. m c as E �a a 11 Packet Pg. 30 4.B.a IN WITNESS THEREOF, the Parties have executed this Agreement. .0, X CITY OF AUBURN CITY OF KENT c c a Nancy Backus, Mayor Dana Ralph, Mayor m Date: Date: r L 0 ATTEST: ATTEST: 3 Q Shawn Campbell, City Clerk Kimberley A. Komoto, City Clerk o U t APPROVED AS TO FORM: APPROVED AS TO FORM: 3 c m Harry Boesche, Interim City Attorney Tammy White, City Attorney L a� a CU 0 m w c N ti M C L Q R r Y c 3 r a J C O R X 0 C C Q N 0 0'l �ML W r Q� I_ 0 R Y a 12 Packet Pg. 31 4Ba Exhibit A De/Rion of`The Bridge/ 2 x SE 284th @ k k�a k k2B6tS FzuhW ahPI pn wk k . „ -- ! 0 g13mQ § SE 2#m n m2 m @@h m e 7,90 th F % ¢ ® L) 4 R 12 ƒ � k 9m 2 ƒ Jacobson % Tree = \ $ +zem2 Farm « w u 0 SE #kh Way @. 427R$ AubLendale . 1, f \ lWo Park _ . 6 . RF29Srm . � �uUl § ` Auburn n � _ � 2 � 2 £ »o■h w y -bl st m SE !# St �r � 2 7 301«E § $ E § > £ SE 30 k h k , 5E 30 4, k 2 « . � � > 0 x CD SE 3071hB 2 A ® i ■ & 1 — m L § 2 a 2 13 Packet Pg. 32 4.B.a Exhibit A-1 Legal Description of"The Bridges" o r x m c c a BRIDGES, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. m a� r L 0 L Q 0 U t w 3 c m E m a� a� a Cu 0 m w c N ti M C L Q Cu r Y c 3 r a J C O Cu x 0 C C Q N 0 0'l �ML W r Q� E V R Y a 14 Packet Pg. 33 4.B.a Exhibit B 0 r Legal Description of Open Space to Be Transferred to Non-Governmental Third-Party x c c a TRACTS B, AND TT (DEPICTED ON SHEET 8), TRACT I (DEPICTED ON SHEET 12), AND TRACT Y (DEPICTED ON SHEET 19) OF BRIDGES, A PLANNED UNIT DEVELOPMENT, m ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, SUBJECT TO ALL L RESERVATIONS AND EASEMENTS OF RECORD, LOCATED IN THE WEST HALF OF 4° SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. 3 Q 0 U t w 3 c m E m a� a� a Cu 0 m w c N ti M C L Q Cu r Y c 3 r a J C O Cu x C C Q N ML W r Q� E V R Y a 15 Packet Pg. 34 4.B.a Exhibit C Legal Description of Public Natural Areas Easement o r X m c c a AN EASEMENT FOR PUBLIC NATURAL AREAS ON THE PORTION OF TRACT PP (DEPICTED ON SHEET 19), TOGETHER WITH A 15.00 FOOT WIDE EASEMENT ON THE PORTIONS OF LOTS 131 THROUGH 135 INDICATED ON SHEET 21 OF BRIDGES, A m PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY, L WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, 0 RANGE 5 EAST, W.M. 3 Q 0 U t w 3 c m E m a� a� a CU 0 m w c N ti M C L Q R r Y c 3 r a J C O R X C C Q N �ML W r Q� E V R Y a 16 Packet Pg. 35 4.B.a Exhibit C-1: Form Assignment of Public Natural Areas Easement o r x as c c WHEN RECORDED RETURN TO: a as City of Kent L 220 Fourth Avenue South m Kent, Washington 98032 Z Attn: City Clerk .° L Q O Reference Number of Related Document: Assignor: City of Kent Assignee: Abbreviated Legal Description: Assessor's Tax Parcel No.: STR: Project Name: L ASSIGNMENT AND ASSUMPTION OF EASEMENT a �a U 0 This Assignment and Assumption of Easement is made between the City of Kent, a municipal corporation ('City" or "Assignor") and City of Auburn ("Assignee") with respect to that easement dated and recorded in the official records N of King County as Instrument No. on (the "Easement") under M which the City is the grantee and is the grantor. c L A. The Easement states that the Assignor may assign and convey its rights ; thereunder to the Assignee without further consent of grantor being required. Q c B. Assignor wishes to assign all of its right, title and interest under the Easement to the Assignee and the Assignee wishes to accept and assume all of the Y right, title, and interest of Assignor under the Easement. 3 THEREFORE, in consideration of mutual benefits derived, Assignee and J Assignor agree as follows: 0 1. Assignor grants, conveys and assigns, without covenant or warranty, to X the Assignee all of Assignor's right, title, and interest in and to the Easement together with any improvements and appurtenances thereon owned by Assignor. Q N N aI 2. Assignee irrevocably accepts and assumes all right, title, and interest in � L and to the Easement and all obligations thereunder. m c This Assignment shall be effective as of the later date written below and shall E be recorded with the King County Recorder's Office. a 17 Packet Pg. 36 4.B.a ASSIGNOR: r0 x as CITY OF KENT a as a� L By: Dana Ralph 0° a� Title: Mayor Date: Lo c L STATE OF WASHINGTON ) Q ss. o COUNTY OF KING ) U t I certify that I know or have satisfactory evidence that Dana Ralph is the person 3 who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. a �a Dated: U 0 L -Notary Seal Must Appear Within This Box- N t0 IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. E a (Signature) c NOTARY PUBLIC, in and for the State of Washington, residing at Y My appointment expires 3 a J C O R x m c c a N N aI L W E V Y 18 Q Packet Pg. 37 4.B.a ASSIGNEE: c 0 r x m c c a By: Title: L Date: 0° as L 0 STATE OF WASHINGTON ) ;_ ss. COUNTY OF KING ) Q 0 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and 3 acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. a� a� Dated: a �a U -Notary Seal Must Appear Within This Box- 0 L IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. o M C (Signature) NOTARY PUBLIC, in and for the State Q of Washington, residing at My appointment expires cc .W c a� Y c 3 a J C O R x m c c a N N aI L W E V Y Q 19 Packet Pg. 38 4.B.a Exhibit D Legal Description of ROW Properties, Easements, 2 r and Road-Related Properties to Transfer to Auburn x c c a THE SOUTH 26.00 FEET OF SE 288TH STREET AND ALL OF 122ND AVE SE, 122ND WAY :2 SE, SE 293RD WAY, 121STAVENUE SE, AND SE 296TH PLACE AS DEPICTED SHEETS 10 m THROUGH 15, 18, AND 19 OF BRIDGES, A PLANNED UNIT DEVELOPMENT. ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, L RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION ° 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.; 3 TOGETHER WITH AN EASEMENT FOR PUBLIC SIDEWALK OVER ALL OF TRACT DID AND a TRACT EE (DEPICTED ON SHEETS 18 AND 19) OF SAID PLAT; 0, AND ALSO, THOSE PORTIONS OF LOTS 80, 90, 91, 96 (DEPICTED ON SHEET 15) OF SAID PLAT SHOWN AS "PUBLIC SIDEWALK EASEMENT'; 3 c TOGETHER WITH AN EASEMENT FOR PUBLIC PEDESTRIAN ACCESS FOR TRAILS AND PATHS WITHIN TRACT Q (DEPICTED SHEET 13), TRACT FFF (DEPICTED SHEET 15), TRACT X AND TRACT Y (DEPICTED ON SHEET 18) OF SAID PLAT; a, a AND ALSO, A PORTION OF LOT 33 OF SAID PLAT (DEPICTED ON SHEET 16) 0 AND ALSO, THAT PORTION OF 123RD PLACE (BEING A PORTION OF TRACT GGG) LYING TO THE NORTH OF THE LINE COMMON TO LOTS 21 AND 22 OF SAID PLAT. N ti M C L Q R r Y c 3 r a J C O R x C C Q N W r Q� I_ V R Y a 20 Packet Pg. 39 4.B.a Exhibit D-1: Quit Claim Deed Form to 0 r Transfer Road and Road-Related Properties X c c AFTER RECORDING RETURN TO: a a� a� City of Kent •L Public Works Department m Attn: Property Management r 220 Fourth Avenue South o Kent, WA 98032 Q 0 U t GRANTOR: City of Kent 3 GRANTEE: City of Auburn LEGAL: E TAX ACCT # REFERENCE: The Bridges Annexation a CU 0 QUIT CLAIM DEED w c The City of Kent, a Washington municipal corporation, as Grantor, for an in consideration N of mutual benefits, pursuant to City of Kent Resolution No. and that certain M Interlocal Agreement between the City of Kent and the City of Auburn Relating to the c Annexation of the Bridges, recording number does hereby convey and quitclaim to the City of Auburn, a Washington municipal corporation, as a Grantee, and Grantee does hereby accept, those certain real property interests legally described in the Attachment A, attached hereto and made a part of this Deed, togetherCU with any after-acquired title which the Grantor may acquire; SUBJECT TO all rights, Y conditions, covenants, obligations, limitations and reservations of record. r a City of Kent City of Auburn J c 0 CU x a c c Q a Dana Ralph, Mayor Date Nancy Backus, Mayor Date ML W r Q� E V R Y a 21 Packet Pg. 40 4.B.a 0 STATE OF WASHINGTON ) r ss. x a� COUNTY OF KING ) a I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument as the 00 a� Mayor of the City of Kent and acknowledged it to be the free and voluntary act of r such party for the uses and purposes mentioned in the instrument. ,o L Dated: Q IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day o and year first above written. U t w 3 NOTARY PUBLIC, in and for the State of Washington, residing at L My appointment expires Q CU 0 0 m STATE OF WASHINGTON ) c ss. N COUNTY OF KING ) M I certify that I know or have satisfactory evidence that Nancy Backus is the 3 person who appeared before me, and said person acknowledged that she signed this 3 instrument, on oath stated that she was authorized to execute the instrument as the Q Mayor of the City of Auburn and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. _ Y Dated: r a IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ° CU x a) c c Q NOTARY PUBLIC, in and for the State of Washington, residing at ML W My appointment expires a� E �a a 22 Packet Pg. 41 4.B.a Exhibit E Legal Description of Stormwater Facilities to Transfer to Auburn 2 r x m c c a TRACTS C, T,AND CC,ALSO ALL ITEMS AS LISTED AS NUMBER 3 UNDER THE EASEMENT LEGEND, AND ALSO ALL STORMWATER FACILITIES AND APPURTENANCES WITHIN TRACTS B AND TT, AS LOCATED ON BRIDGES, ACCORDING TO THE PLAT THEREOF, m RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 L NORTH, RANGE 5 EAST, W.M. ° c L ALL OF TRACT C (DEPICTED ON SHEET 11), TRACT T (DEPICTED ON SHEET 16) AND TRACT CC (DEPICTED ON SHEET 21) OF BRIDGES, A PLANNED UNIT DEVELOPMENT, a ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 0 THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. w 3 TOGETHER WITH PUBLIC STORM DRAIN EASEMENTS UNDER AND OVER THE FOLLOWING: a� a� THAT PORTION OF TRACT CCC OF SAID PLAT LYING TO THE NORTH OF THE SOUTHERLY a, MOST LINE COMMON TO TRACTS B AND C (DEPICTED ON SHEETS 10 AND 11); a CU 0 AND ALSO, THAT PORTION OF TRACT GGG OF SAID PLAT LYING WITHIN 23.50 FEET ON EACH SIDE OF THE CENTERLINE OF 122ND PLACE SE PLUS THE ENTIRE CUL-DE-SAC AT THE SOUTHERLY END OF SAID 122ND PLACE SE (DEPICTED ON SHEETS 13 AND 16); N AND TOGETHER WITH THAT PORTION OF SAID TRACT GGG OF SAID PLAT (DEPICTED ON SHEETS 16 AND 17) LYING TO THE SOUTH OF THE WESTERLY EXTENSION OF A PARALLEL WITH AND 10.00 FEET TO THE NORTH OF THE SOUTH LINE OF LOT 21; AND ALSO, THAT PORTION OF TRACT HHH OF SAID PLAT (DEPICTED ON SHEETS 18 AND 21) LYING WITHIN 23.500 FEET ON EACH SIDE OF THE CENTERLINE OF 121ST PLACE SE a AND TO THE NORTH OF THE WESTERLY EXTENSION OF A LINE OF LINE PARALLEL WITH c AND 5.00 FEET TO THE SOUTH OF THE SOUTH LINE OF LOT 100; Y c 3 AND ALSO, THOSE PORTIONS OF TRACT A AND TRACT Q (DEPICTED ON SHEET 13), TRACT JJ, TRACT TT AND TRACT 00 (DEPICTED ON SHEET 20), TRACT WW (DEPICTED J ON SHEETS 17 AND 22)AND TRACTS NNN AND 000 (DEPICTED ON SHEET 25) OF SAID PLAT; g CU x AND ALSO, THOSE PORTIONS OF LOTS 20, 21, 41, 42 (DEPICTED ON SHEET 16)AND LOT c 32 (DEPICTED ON SHEET 13) OF SAID PLAT; Q a� AND ALSO, TRACT B AND TRACT TT. ML W r Q� I_ V R Y a 23 Packet Pg. 42 4.B.a Exhibit E-1 .0, Quit Claim Form to Transfer Stormwater Facilities x a� c c AFTER RECORDING RETURN TO: a a� a� City of Kent •L Public Works Department m Attn: Property Management r 220 Fourth Avenue South o Kent, WA 98032 Q 0 U t GRANTOR: City of Kent 3 GRANTEE: City of Auburn LEGAL: E TAX ACCT # REFERENCE: The Bridges Annexation a CU 0 QUIT CLAIM DEED w c The City of Kent, a Washington municipal corporation, as Grantor, for an in consideration N of mutual benefits, pursuant to City of Kent Resolution No. and that certain M Interlocal Agreement between the City of Kent and the City of Auburn Relating to the c Annexation of the Bridges, recording number does hereby convey and quitclaim to the City of Auburn, a Washington municipal corporation, as a Grantee, and Grantee does hereby accept, those certain real property interests legally described in the Attachment A, attached hereto and made a part of this Deed, togetherCU with any after-acquired title which the Grantor may acquire; SUBJECT TO all rights, Y conditions, covenants, obligations, limitations and reservations of record. r a City of Kent City of Auburn J c 0 CU x a c c Q a Dana Ralph, Mayor Date Nancy Backus, Mayor Date ML W r Q� E V R Y a 24 Packet Pg. 43 4.B.a 0 STATE OF WASHINGTON ) r ss. x a� COUNTY OF KING ) a I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument as the 00 a� Mayor of the City of Kent and acknowledged it to be the free and voluntary act of r such party for the uses and purposes mentioned in the instrument. ,o L Dated: Q IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day o and year first above written. U t w 3 NOTARY PUBLIC, in and for the State of Washington, residing at L My appointment expires Q CU 0 0 m STATE OF WASHINGTON ) c ss. N COUNTY OF KING ) M I certify that I know or have satisfactory evidence that Nancy Backus is the 3 person who appeared before me, and said person acknowledged that she signed this 3 instrument, on oath stated that she was authorized to execute the instrument as the Q Mayor of the City of Auburn and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. _ Y Dated: r a IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ° CU x a) c c Q NOTARY PUBLIC, in and for the State of Washington, residing at ML W My appointment expires a� E �a a 25 Packet Pg. 44 4.B.a Exhibit E-2: Form Assignment of Storm Drainage Easement o r x m c c WHEN RECORDED RETURN TO: a a� a, City of Kent •L 220 Fourth Avenue South m Kent, Washington 98032 r Attn: City Clerk 0 L Q 0 Reference Number of Related Document: Assignor: City of Kent Assignee: = Abbreviated Legal Description: Assessor's Tax Parcel No.: STR: Project Name: L a� ASSIGNMENT AND ASSUMPTION OF EASEMENT a CU 0 This Assignment and Assumption of Easement is made between the City of Kent, a municipal corporation ("City" or "Assignor") and City of Auburn ("Assignee") with respect to the easement rights reserved by the City of Kent, through the Quit N Claim Deed recorded in the official records of King County as Instrument No. M 2023110 on November , 2023, under which the City of Kent is the grantor and Copper Creek (Auburn) Homeowners Association is the grantee, and related to 3 the ownership, operation, and maintenance of a public storm drainage system (the ; "Easement"). Q c CU A. The Easement states that the Assignor may assign and convey its rights = thereunder to the Assignee without further consent of grantor being required. Y B. Assignor wishes to assign all of its right, title and interest under the Easement with respect to the public storm drainage system to the Assignee, and the J Assignee wishes to accept and assume all of the right, title, and interest of Assignor under the Easement with respect to the public storm drainage system. 2 CU x THEREFORE, in consideration of mutual benefits derived, Assignee and Assignor agree as follows: Q a� 1. Assignor grants, conveys and assigns, without covenant or warranty, to � L the Assignee all of Assignor's right, title, and interest in and to the Easement with m respect to the public storm drainage system, together with any improvements and appurtenances thereon owned by Assignor. E �a a 26 Packet Pg. 45 4.B.a 2. Assignee irrevocably accepts and assumes all right, title, and interest in and to the Easement with respect to the public storm drainage system and all 2 obligations thereunder. X This Assignment shall be effective as of the later date written below and shall a be recorded with the King County Recorder's Office. L ASSIGNOR: 0° a� CITY OF KENT Lo c L Q By: Dana Ralph o Title: Mayor Date: 3 c STATE OF WASHINGTON ) ss. COUNTY OF KING ) a �a I certify that I know or have satisfactory evidence that Dana Ralph is the person o who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of N such party for the uses and purposes mentioned in the instrument. M Dated: L a -Notary Seal Must Appear Within This Box- C co -W IN WITNESS WHEREOF, I have hereunto set my hand and official seal the Y day and year first above written. 3 a (Signature) J NOTARY PUBLIC, in and for the State o of Washington, residing at x My appointment expires a N N aI L W E V Y Q 27 Packet Pg. 46 4.B.a ASSIGNEE: c 0 r x m c c a By: Title: L Date: 0° as L 0 STATE OF WASHINGTON ) ;_ ss. COUNTY OF KING ) Q 0 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and 3 acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. a� a� Dated: a �a U -Notary Seal Must Appear Within This Box- 0 L IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. o M C (Signature) NOTARY PUBLIC, in and for the State Q of Washington, residing at My appointment expires cc .W c a� Y c 3 a J C O R x m c c a N N aI L W E V Y 28 Q Packet Pg. 47 4.B.a Exhibit F Legal Description of Water Utility Properties and Interest Retained by Kent o r x m c c a TRACT AAA, ALSO A PUBLIC WATER EASEMENT WITHIN TRACTS BBB, CCC, DDD, EEE, FFF, GGG, HHH, III, JJJ, AND KKK OF BRIDGES, A PLANNED UNIT DEVELOPMENT, ALSO THE UTILITY EASEMENT RECORDED UNDER RECORDING NUMBER 20050401001754 AS m SHOWN ON BRIDGES, A PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF L KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 4° 21 NORTH, RANGE 5 EAST, W.M. 3 Q 0 U t w 3 c m E m a� a� a Cu 0 m w c N ti M C L Q Cu r Y c 3 r a J C O Cu x C C Q N ML W r Q� E V R Y a 29 Packet Pg. 48 4.B.a Exhibit G 0 r Legal Description of Private Stormwater Facilities that Remain with HOA x c c a PRIVATE STORM DRAINAGE EASEMENTS LOCATED WITHIN TRACT B (DEPICTED ON SHEET 11), TRACTS H AND I (DEPICTED ON SHEET 12), TRACT Y (DEPICTED ON SHEETS m 18 AND 19) TRACT TT (DEPICTED ON SHEETS 14 THROUGH 25), r L AND ALSO, WITHIN LOTS 50 THROUGH 55, (DEPICTED ON SHEET 16) ° LOTS 57, 58, 65 THROUGH 75 (DEPICTED ON SHEET 13), 3 LOTS 76 THROUGH 79 (DEPICTED ON SHEET 14), 3 LOTS 87, 88, 93, 94, 183 THROUGH 201 (DEPICTED ON SHEET 15 AND 18), Q LOTS 216 THROUGH 232, 253 THROUGH 255 (DEPICTED ON SHEET 14), o LOTS 258, 259, 261 THROUGH 263, 264, 265 DEPICTED ON SHEET 12), LOTS 326 THROUGH 330 (DEPICTED ON SHEET 10), LOTS 362 THROUGH 364 (DEPICTED ON SHEET 11), 3 c OF BRIDGES, A PLANNED UNIT DEVELOPMENT ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 a, NORTH, RANGE 5 EAST, W.M. Q Cu 0 m w c N ti M C L Q Cu r Y c 3 r a J C O Cu x C C Q N ML W r Q� I_ V R Y a 30 Packet Pg. 49