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Ballinger Pump Station Area AnnexationX.UUDEN RECEIVEDD J 1) N 0 4 2003 L,-CE EDMONDS CITY CLERK P. L. L. C. ATTORNEYS AT LAW J Zachary Lell May 30, 2003 Sandra S. Chase, City Clerk City of Edmonds 121 5th Avenue N. Edmonds, WA 98020 Re: Ballinger Pump Station Annexation Dear Sandy: As we've discussed, I have been working with Steve Koho to effect the annexation of the Ballinger Pump Station parcel from the City Mountlake Terrace to the City of Edmonds. The Snohomish County Boundary Review Board has notified me that it will likely decline review of this proposed transfer. Accordingly, the City of Edmonds may continue with the annexation process specified under RCW 35.10.217(2). The next required procedure is the City Council's adoption of the first enclosed resolution, which Scott Snyder originally drafted in November 2000. The resolution sets a public hearing date for the annexation, and requires that a copy of the notice therefore be sent via certified mail to Mountlake Terrace using the procedures for local improvement district formation under Chapter 45.43 RCW. Upon completion of the public hearing the City may adopt the second enclosed resolution, which formally accepts the transfer of the subject parcel and establishes a protest period for the current property owner. The latter requirement is purely a formality in the present situation, as the City of Mountlake Terrace itself owns the Ballinger Pump Station site outright. After the protest period terminates, Mountlake Terrace will execute a quit claim deed for the parcel. The City of Edmonds must then send a copy of both its second resolution and the deed to the Boundary Review Board. As required by RCW 35.10.217(2), I have enclosed a certified copy of the Mountlake Terrace resolution that initiated the annexation process in December 2000. I will coordinate with Steve Bullock and Steve Koho regarding the public hearing in the near future. Established 1902 A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206.4477000 • Fax: 206.4470215 • Web: www.omwlaw.com f JZL545127. DOC;1 /00006.180007/) Sandy Chase May 30, 2003 Page 2 Please feel free to call me with any questions. Very truly yours, OGDEN MURPHY WAL ACE, P.L.L.C. J. Zachary Lell JZL/ Enclosure cc: Steve Koho (w/o Encl.) Steve Bullock (w/o Encl.) (JZL545127.DOC;1/00006.180007/1 Ballinger Pump Station Annexation Page 1 of 1 Chase, Sandy From: Zach Lell [zlell@omwlaw.com] Sent: Thursday, September 25, 2003 7:28 PM To: Chase, Sandy Subject: RE: Ballinger Pump Station Annexation Hi, Sandy: Your letter looks great. After receiving the executed quit claim deed from Mountlake Terrace, please file certified copies of both the deed and the Edmonds resolution accepting the proposed annexation with the BRB and the County Auditor. - Zach -----Original Message ----- From: Chase, Sandy [mailto:Chase@ci.edmonds.wa.us] Sent: Thursday, September 25, 2003 5:09 PM To: Zach Lell Subject: Ballinger Pump Station Annexation Hi Zach, I prepared the attached letter for the City of Mountlake Terrace regarding the Ballinger Pump Station annexation because the 30 day protest period has now concluded. Would you please take a quick look at the letter to be sure I'm following through on the annexation process correctly? Thanks alot, Sandy <<Mountlake Terrace.doc>> 9/26/2003 DECEIVED DEC 2 6 2003 Law Firm of Gregory G. Schrag, L.L.C. Scott Snyder, Edmonds City Attorney Ogden Murphy Wallace, PLLC 1601— 5tb Ave, Suite 2100 Seattle, WA 98101 EDMONDS CITY CLERK Plaza 220 Building 21907 64th Avenue West, Suite 370 Mountlake Terrace, Washington 98043 (425) 776-7386 December 22, 2003 FAX (425) 672-4219 RE: Ballinger Lift Station — Quit Claim Deed to Edmonds Dear Scott, It looks like we finally have completed the transfer of the Ballinger Lift Station property from City of Mountlake Terrace to the City of Edmonds that we started several years ago. They say the wheels of government turn slowly, and perhaps they are right. Be that as it may, the original Quit Claim Deed that was sent to Snohomish County for recording has now been returned to my office. It appears that it has been property recorded with the County, and I am enclosing the original Quit Claim Deed along with this letter. I know that you will make sure that the Quit Claim Deed will be forwarded to the proper City official for safekeeping. If you have any questions, please give me a call. Best regards, 9 C57 Gregory G. Schrag Mountlake Terrace City Attorney GGS/sbb Enclosure Cc: Connie Fessler, City Manager Will VanRy, City Engineer CITY Y OF E D 1! O N T1 C GARY HAAKENSO R 1J l�'i 1 � AJ e7 MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 775-2525 CITY CLERK 1hc.1890 December 9, 2003 Snohomish County Boundary Review Board 3000 Rockefeller, M/S 409 Everett, WA 98201 Subject: City of Edmonds Ballinger Pump Station Annexation Dear Sir or Madam: Enclosed for your records is a certified copy of City of Edmonds Resolution No. 1047 that reads as follows: A Resolution of the City Council of the City of Edmonds, Washington, concurring in the annexation of certain real property located within the City of Edmonds and commonly known as the Ballinger Lift Station, by consolidation method pursuant to RCW 35.10.217(2), at the request of the owner of said property and the request of the City Council of the City of Mountlake Terrace; authorizing acceptance of a Quit Claim Deed for said property; providing for its filing of record; and providing direction to the Edmonds City Clerk regarding disposition of certified copies of this Resolution. This resolution was adopted by the City Council on August 26, 2003. The City of Edmonds has now received the Quit Claim Deed from the City of Mountlake Terrace and it has been recorded with the Snohomish County Auditor's Office. The recording number for the Deed is 200312010382 (copy attached). Please contact me at (425) 771-0245 if you should need anything further. Yours truly, Sandra S. Chase, CMC City Clerk cc: Steve Koho, Wastewater Treatment Plant Manager Steve Bullock, Senior Planner Virginia V. Olsen, Mountlake Terrace City Clerk • Incorporated August 11, 1890 • Sister City - Hekinan, Japan I �J,,7�3 SiA i'>`S f33 2 fLi Pii T`,"% e� r'y✓' 4 ,1 °a Y4 Law FIRm OF GREGORY G. SCHRAG, LLC PLAZA 220 BUILDING 21907 — 64'H AvENUE WEST, SUITE 370 MouNTLAKE TERRACE, WA 98043 Please print neatly or type information Document Title(s) Ouit Claim Deed Reference Number(s) of related documents: 1338510 (I page} 1338541 L2 pages} Grantor(s) (Last, First, and Middle Initial) City of Mountlake Terrace Additional Reference #'s on page Additional Reference #'s on page _ Grantee(s) (Last, First, and Middle Initial) City of Edmonds A itional Reference #'s on page Legal Description (Abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) LAKE BALLINGER LAND CO SUBDN 1 BLK 007 D-02 - PTN LOT 24 & 25 COM SW COR LOT 25 TH S 88*25 43E ALG S IN LOT 25 75FT TH N47* 31 15E 1438FT TO NXN NLY MGN 244TH ST 1 OFT N & PLL S LN SD LOT TPB TH N88*25 43 W ALG NLY MGN 244TH ST 15FT TH N21 * 43 25E 63.91FT TH S88*25 43E 55FT TH SO1*34 17W 35FT TH S47*31 15W 35,95 FT THN88*25 43W ALG NLY MGN 244TH ST 36.18FT TO TPB Assessor's Property Tax/Account Number Continued legal on page 1-2 00488800702402 Additional Reference #'s on page _ The Auditor/Recorder will rely on the information provided on this form. The Responsibility for the accuracy of the indexing information is that of the document preparer. "I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 3618.010. I understand that the recording processing requirements may cover up or Otherwise obscure some part of the text of the original document. Signature of Requesting Party LAW FIRM OF GREGORY G. SCHRAG, LLC PLAZA 220 BUILDING 21907 — 64THAvENUE WEST, SUITE 370 MOUNTLAKE TERRACE, WA 98043 Please print neatly or type information Document Title(s) Quit Claim Deed Reference Number(s) of related documents: 1338514 a l?"e) Grantor(s) (Last, First, and Middle Initial) C'it � of M w ittlake Terrace 1338541 L )t1 es) Additional Reference #'s on page _ Additional Reference #'s on page Grantee(s) (Last, First, and Middle Initial) C"i , n 'Erf►nnitrfs itiausl Reference #'s on page Legal Description (Abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) LAKE BALLINGER LAND CO SUBDIV 1 BLK 007 D-02 - PTN LOT 24 & 25 COM SW COR LOT 25 TH S 88*25 43E ALG S LN LOT 25 75FT TH N47* 31 15E 14.38FT TO NXN NLY MGN 244TH ST LOFT N & PLL S LN SD LOT TPB TH N88*25 43W ALG NLY MGN 244TH ST 15FT TH N21 * 43 25E 63.91FT TH S88*25 43E 55FT TH SO1*34 17W 35FT TH S47*31 15W 35.95 FT THN88*25 43W ALG NLY MGN 244TH ST 36.18FT TO TPB Assessor's Property Tax/Account Number Continued legal on page 1-2 00488800702402 Additional Reference #'s on page _ The Auditor/Recorder will rely on the information provided on this form. The Responsibility for the accuracy of the indexing information is that of the document preparer. "I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.19.010. I understand that the recording processing requirements may cover up or Otherwise obscure some part of the text of the original document. Signature of Requesting Party ORIGINAL WHEN RECORDED RETURN TO: LAw FiRm of GREGORY G. SCHRAG, LLC PLAzA 220 BUILDING 21907 - 64T" AvENUE WEST, SuITE 370 MouNTLAKE TERRACE, WA 98043 QUIT CLAIM DEED Grantors: City of Mountlake Terrace Grantees: City of Edmonds Legal Description (abbreviated): Additional Legal on Page 1 LAKE BALLINGER LAND CO SUBDIV 1 BLK 007 D-02 - PTN LOT 24 & 25 COM SW COR LOT 25 TH S 88*25 43E ALG S LN LOT 25 75FT TH N47* 31 15E 14.38FT TO NXN NLY MGN 244TH ST IOFT N & PLL S LN SD LOT TPB TH N88*25 43W ALG NLY MGN 244TH ST 15FT TH N21 * 43 25E 63.91FT TH S88*25 43E 55FT TH SO1*34 17W 35FT TH S47*31 15W 35.95 FT TH N88*25 43W ALG NLY MGN 244TH ST 36.18FT TO TPB Assessor's Tax Parcel Account Number(s): 00488800702402 The Grantor, CITY OF MOUNTLAKE TERRACE, for and in consideration of the terns and conditions of the 1988 Interlocal Agreement, conveys and quit claims to THE CITY OF EDMONDS all of its right, title and interest in the following described real property situated in Snohomish County, Washington, together with all after acquired title of the Grantor therein: Legal description attached hereto as Exhibit "A" Dated this 121h day of November 2003 CONNIE FESSLER, CITY MANAGER STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH) On this day personally appeared before me CONNIE FESSLER, to me known to be the City Manager of the City of Mountlake Terrace and who executed the within and foregoing instrument on behalf of the City of Mountlake Terrace and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 12th da. of November 2003. TA'RYP I: in and for (the State of Washington, residing at Brier. My Commission Expires: 2-15705 ORIGINAL EXHIBIT "A" Recorder's No. 1338510 A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's Plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Lot 25 and running thence S 88' 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E 14.38 feet to an intersection with the northerly margin of 244t' Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 67' 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 47' 31' 15" W. 35.95 feet; thence N 88' 25' 43" W along said northerly margin of 2441h St. S.W., 36.18 feet to the Point of Beginning. Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in voluune 9 of Plats on pages 57 and 58, records of Snohomish County, Washington described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 880 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N 47' 31' 15" E 14.38 feet to an intersection with the northerly margin of 244`h Street S.W, (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this description; thence N 881 25' 43" W along said northerly margin of 244` Street S.W. 15.00 feet; thence N. 21' 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove described; TOGETHER WITH a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and to 1 construct, maintain and repair underground pipe Iines and/or mains for the purpose of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 88' 25' 43" E a€ong the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E, 14.38 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 89' 25' 43" W along said northerly margin of 244`h Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 88° 25' 43" W 10.00 feet, thence N. 460 34' 17" E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21' 43' 25" W along said westerly line of Parcel "A", 16.83 feet to the Point of Beginning. 2 REVENUE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — C1LUTER 458-61 WAC when stamped by cashier. SEE BACK PAGE FOR INSTRUCTIONS FoR USE AT COUNTY TREASURER'S OFFICE (Use Form No. 84-WOI B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED Name City of Mountlake Terrace Name City of Edmonds 94 P4 0 x w Street 23204 - 58th Avenue West Street 121- 5th Avenue North City/State/Zip Mountlake Terrace, Washington 98043 City/State/Zip Edmonds, Washington 98020 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE ASSESSED VALUE IF TAX EXEMPT Name City of Edmonds 00488800702402 L V jj 01 Street 121 - 5th Avenue North Prev. Parce # 48880070240204 City/State/Zip Edmonds, Washington 98020 f L„ ©®� 3— oLEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑ UNINCORPORATED COUNTY ® OR IN CITY OF Edmonds Street Address (if property is improved): SEE LEGAL DESCRIPTION EXt1IB1T "A" ATTACHED HERETO AND INCORPORATED HEREIN N BY REFERENCE. Is this property currently: YES NO Classified or designated as forest land? ❑ 0 Chapter 84.33 RCW Classified as current use Iand (open space, farm ❑ 0 and agricultural, or timber)? Chapter 84,34 RCW Exempt from property tax as a nonprofit ❑ 0 organization? Chapter 84.36 RCW Seller's Exempt Reg. No. Receiving special valuation as historic ❑ 0 property? Chapter 84.26 RCW Property Type: ❑ land only ❑ land with new building ® land with previously used building ❑ land with mobile home ❑ timber only ❑ building only Principal Use: ❑ Apt. (4+unit) ❑ residential ❑ timber ❑ agricultural ❑ commercial/industrial ® other 483 Water Utilities & Irrigation & Storage - Pump Station (1) NOTICE OF CONTINUANCE (RCW 84.33 OR RCW 84.34) If the new owner(s) of land that is classified or designated as current use or forest land wish to continue the classification or designation of such land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation, all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must determine if the land transferred qualifies to continue classification or designation and must so indicate below. Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. This land ❑ does ❑ does not qualify for continuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property wish to continue this special valuation the new owner(s) must sign below. If the new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of We. (3) OWNER(S) SIGNATURE Description of personal property included in gross selling price, both tangible (eg; furniture, equipment, etc.) or intangible (eg; goodwill, agreement not to compete, etc.) n/a If exemption claimed, list WAC number and explanation. WAC No. (Sec/Sub) 458-61-420 Explanation transfer of government property between cities Type of Document Quit Claim Deed Date of Document 11/12/03 Gross Selling Price $ 0.00 Personal Property (deduct) $ 0.00 Taxable Selling Price $ 0.00 Excise Tax: State $ 0.00 Local S 0.00 Delinquent Interest: State S 0.00 Local $ 0.00 Delinquent Penalty S 0.00 Total Due $ 0.00 A A PROCESSING FFF :4N\D TAX. AFFIDAVIT I Certify Under Penalty of Perjury Under The Laws of The Sate of Washington That The Foregoing Is True And Correct (See back page of this form). Signature of Grantor/Agent Name (print) Connie L Tessler, City Manager, City of Mountlake Terrac Date and Place of Signs, November 21. 20031 Mountlake Terrace, WA Signature of Grantee/Agent Name (print) r(S City of Edmonds, WA Date & Place of Signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount faced by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fim (RCW 9A.20.020 (1C)). - REV 84 0001a (3-18-99) (PD 10-18-01) FOR TREASURER'S USE ONLY SURER -Tky pt, r Thank you for +Gii', k�dYMPTi'(, +-_ � r� PhT ORIGINAL' MOUNTLAKE TERRACE November 21, 2003 Sandy Chase, City Clerk City of Edmonds 121 5th Avenue N. Edmonds, WA 98020 RE: Quit Claim Deed Dear Sandy: RECEIVED NO V 2 If 2003 EDMONDS CITY CLERK Pat from the County Treasurer's Office called yesterday to inform us the excise affidavit was not done on legal size paper and that she received the recording fee in cash. She also said the deed looked like a copy and she must have at least one original with four copies. Our City Attorney has prepared a new affidavit and forwarded it to our office and the City Manager has signed it. Please find enclosed the "new" original that has been signed by Connie Fessler for the City of Mountlake Terrace. Will Van Ry, our Engineering Director, should have contacted you via email to make arrangements for recording the document. I will be in the office on Monday, November 24 and out for the remainder of the week. If you should need assistance after Monday, please call my assistant, Denise Bridgeman at (425) 744-6278. Thank you for your assistance. Sincerely., V VirgV,01senExeCity Clerk C: Will Van Ry Greg Schrag www.ci.mountlake-terrace.wa.us City Hall Police Department Fire Department 23204 58th Ave West 5906 232nd St SW 23204 58th Ave West Mountlake Terrace WA 98043 Mountlake Terrace WA 98043 Mountlake Terrace WA 98043 425.776.1161 425.670.8260 425.776.1161 fax 425.778.6421 fax 425.776.5788 fax 425.778.6421 Recreation & Parks 5303 228th St SW Mountlake Terrace WA 98043 425.776.9173 fax 425.775.2365 Chase, Sand From: Will VanRy [Wvanry@ci.mountlake-terrace.wa.us] Sent: Friday, November 21, 2003 5:25 PM To: pat. hooks-bass@co.snohomish.wa. us Cc: chase@ci.edmonds.wa.us; Virginia Olsen; Steve Koho (E-rnail); Greg Schrag (E-mail)" < Subject: Quit Claim Deed - Grantor Mountlake Terrace - Grantee Edmonds Dear Ms. Hooks -Bass: I've been trying to contact you by phone since late morning, but you line has been constantly busy. I was hoping to talk to you today. As an alternative, I was able to call and get your email address so I'm sending you this message instead. I received the following message from Virginia Olsen, City of Mountlake Terrace City Clerk: "I received a call from Pat at the County Treasurer's Office on this Quit Claim Deed. There are some errors. The Excise Affidavit must be printed on legal sized paper, the deed looks like a copy, she must have at least one original and four copies, and she needs a $2 check to process the excise affidavit. Edmonds submitted $110 in CASH for recording. She thought we did. Could you touch base with the contact in Edmonds to clear this up? Pat's number is (425) 388-3411 x2861 if you need more info." Based on the above, another Excise Affidavit has been prepared on legal sized paper, signed by the authorized City official and sent to the City of Edmonds for signature. To address the rest of the issues, I ask that you contact Sandy Chase, City of Edmonds City Clerk, to arrange for return of whatever documents must be returned, and for making the necessary changes in the amounts paid or method of payment. Virginia Olsen or I will coordinate with Sandy to do Mountlake Terrace's part to provide whatever is necessary to get the documents correct. Thanks. If you have questions, please contact me. Willem H. Van Ry, P.E. Engineering Services Director/City Engineer City of Mountlake Terrace P.O. Box 72 Mountlake Terrace, WA 98043-0072 Phone 425.744.6271 Facsimile 425.778.6421 I MOUNTLAKE � TERRACE November 17, 2003 Mr. Steve Koho City of Edmonds, Wastewater Treatment Plant 200 Second Avenue South Edmonds, WA 98020 Subject: Quit Claim Deed for Site of Old Ballinger Pump Station Signatures on Behalf of Edmonds Enclosed are the following: �4� *0, ��p, T ------------- 1 � 441 1. An original Quit Claim Deed, including the coversheet for recording, four pages. 2. An original Real Estate Excise Tax Affidavit, with attached legal description, three pages. The Quit Claim Deed, when fully executed and recorded, will transfer ownership of the site of the old Ballinger Pump Station from the City of Mountlake Terrace to the City of Edmonds. To complete the execution of the deed, it is necessary that it be signed by an authorized representative of the City of Edmonds in the following places on the documents: 1. On the coversheet in the space corresponding to the grantee. 2. On the Real Estate Excise Tax Affidavit in the space provided for the grantee/agent in box No. 7. Also, fill in the name of the authorized signatory and the date and place of the signing. Once the above in completed, send the deed and the tax affidavit to the Snohomish County Auditor's Office for recording. If you have questions, please call. Sincerely, ah�j? Willem H. Van Ry, P.E. Engineering Services Director Enclosures CC: City Attorney NAENGINEER\Sanitary\Sewer Agreements\Old Ballinger PS\Transmittal of deed for signatures.doc www.ci.mountlake-terrace.wa.us City Hall Police Department Fire Department 23204 58th Ave West 5906 232nd St SW 23204 58th Ave West Mountlake Terrace WA 98043 Mountlake Terrace WA 98043 Mountlake Terrace WA 98043 425.776.1161 425.670.8260 425.776.1161 fax 425.778.6421 fax 425.776.5788 fax 425.778.6421 Recreation & Parks 5303 228th St SW Mountlake Terrace WA 98043 425.776.9173 fax 425.775.2365 Message Page 1 of 1 Chase, Sandy To: EMAIL CITYHALL Subject: RE: Message for Virginia Olsen, City Clerk -----Original Message ----- From: EMAIL CITYHALL [mailto:CITYHALL@ci.mountlake-terrace.wa.us] Sent: Friday, October 24, 2003 1:13 PM To: Chase, Sandy Subject: RE: Message for Virginia Olsen, City Clerk Sandy, Our attorney,Greg Schrag, said he will have to draft a new quit claim deed. His hope is have it prepared and ready for our City Manager to sign by the end of next week. He said he spoke to Scott Snider at the WCIA conference on Wednesday. Have a good weekend. Virginia -----Original Message ----- From: Chase, Sandy [ma iIto: Chase@ci.edmonds.wa.us] Sent: Thursday, October 23, 2003 12:09 PM To: EMAIL CITYHALL Subject: Message for Virginia Olsen, City Clerk Hi Virginia, I am following up on the Ballinger Pump Station Annexation issue. We are looking for a Quit Claim Deed from Mountlake Terrace for this parcel in order to complete the annexation process. Do you know the status or when we could anticipate receiving the deed? Thank you very much for your help. Sandy Chase Edmonds City Clerk chase@ci.edmonds.wa.us 10/24/2003 CITY OF EDMONDS GARYHAAKENSON MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 775-2525 CITY CLERK /'r? C. 18oV) September 26, 2003 Virginia V. Olsen, City Clerk City of Mountlake Terrace P.O. Box 72 Mountlake Terrace, WA 98043 Subject: Ballinger Pump Station Annexation: Dear Virginia: On August 26, 2003, the Edmonds City Council adopted Resolution No. 1047, which reads as follows: A resolution of the City Council of the City of Edmonds, Washington, concurring in the annexation of certain real property located within the City of Edmonds and commonly known as the Ballinger Lift Station, by consolidation method pursuant to RCW 35.10.217(2), at the request of the owner of said property and the request of the City Council of the City of Mountlake Terrace; authorizing acceptance of a Quit Claim Deed for said property; providing for its filing of record; and providing direction to the Edmonds City Clerk regarding disposition of certified copies of this resolution. As directed by the resolution, I have enclosed a certified copy for the City of Mountlake Terrace. Because the thirty day protest period has now concluded, our City Attorney advises that the City of Mountlake Terrace should prepare and execute a quit claim deed for the parcel. Once the deed is received by Edmonds, I will forward a copy to the Boundary Review Board. Please call me at (425) 771-0245 if you should have any questions. Thank you for your assistance in concluding this annexation process. Sincerely, Sandra S. Chase, CMC City Clerk Enclosure cc: J. Zachary Lell, City Attorney Steve Koho, Wastewater Treatment Plant Manager Steve Bullock, Senior Planner Incorporated August 11, 1890 Sister City - Hekinan, Japan 0006.180007 WSS/amg 11/ 14/00 JZL/ 5/30/03 RESOLUTION NO. 1047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, CONCURRING IN THE ANNEXATION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF EDMONDS AND COMMONLY KNOWN AS THE BALLINGER LIFT STATION, BY CONSOLIDATION METHOD PURSUANT TO RCW 35.10.217(2), AT THE REQUEST OF THE OWNER OF SAID PROPERTY AND THE REQUEST OF THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE; AUTHORIZING ACCEPTANCE OF A QUIT CLAIM DEED FOR SAID PROPERTY; PROVIDING FOR ITS FILING OF RECORD; AND PROVIDING DIRECTION TO THE EDMONDS CITY CLERK REGARDING DISPOSITION OF CERTIFIED COPIES OF THIS RESOLUTION. WHEREAS, a small tract of land commonly known as the Ballinger Lift Station is located along Lake Ballinger in the City of Edmonds, Washington, and, WHEREAS, the subject parcel is owned by the City of Mountlake Terrace, and WHEREAS, the subject parcel has historically been held by the City of Mountlake Terrace as a lift station for the public purpose of transmitting sewage to the City of Edmonds treatment facility; and WHEREAS, an Interlocal Agreement between the parties provides for transfer of such site from the City of Mountlake Terrace to the City of Edmonds on the date upon which it is taken out of service, and WHEREAS, such site has been taken out of service and the City of Mountlake Terrace has requested that the City of Edmonds annex the property using the consolidation {WSS455469.D0C;1/00006.180007/} - 1 - method set forth in RCW 35.10.217(2), and has provided a certified copy of a resolution making such request, and WHEREAS, the City Council of the City of Edmonds find it to be in the public interest to annex the subject property, which is surrounded by other lands of the City of Edmonds and upon which no individual resides, thereby exercising appropriate jurisdiction over the property which, upon acceptance of a quit claim deed, shall become a part of the City of Edmonds and owned by it, and WHEREAS, the Snohomish County Boundary Review Board has received notice of this proposed annexation, has declined to accept jurisdiction over the same, and has thus implicitly approved this proposal, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. That certain tract of land, commonly known as the Ballinger Lift Station, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth, is hereby annexed to and consolidated with the City of Edmonds at the request of the current owner thereof, the City of Mountlake Terrace, Washington. Section 2. A quit claim deed from the City of Mountlake Terrace for transfer of ownership of said tract of land from the City of Mountlake Terrace to the City of Edmonds is hereby accepted. Section 3. The City Clerk of the City of Edmonds is hereby directed to send certified copies of this resolution for filing with the Snohomish County Auditor, as well as certified copies to the Snohomish County Boundary Review Board and the City of Mountlake Terrace. {WSS455469.DOC;1/00006.180007/} - 2 - RESOLVED this 26th day of August, 2003. APPROVED: MA R, G �AAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 08/01/2003 PASSED BY THE CITY COUNCIL: 08/26/2003 RESOLUTION NO. 1047 (WSS455469.DOC;1/00006.180007/) -3- EX I T "A" Recorder's No. 1338510. A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest comer of said Lot 25 .and running thence S 880 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47° 31' 15" E 14.38 feet to an intersection with the northerly margin: of 244'h Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 670 31' 15" E, 86.29 feet; thence S 1 degree 34' IT' W. 35.00 feet; thence S 47' 31' 15" W. 35.95 feet; thence N 88° 25' 43" W along said northerly margin of 244`h St. S.W., 36.18 feet to the Point of Beginning . Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land CO.'s Plat Subdivision No. 1, recorded ill volume 9 of flats on pages 57 and 58, records of Snohomish County, .Washington., described as follows: Cozumencizg at the southwest comer of said Lot 25 and naming thence S 88' 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N 470 31' 15" E 14.39 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this description; thence N 88' 25' 43" W along said. northerly margin of 244` Street SM. 15.00 feet; thence N. 21 ° 43' 25" E, 63.91 feet; thernce S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning, SU13MCT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly he of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; TOGETHER WITH a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and- to construct, maintain and repair underground pipe lines and/or mains for the purpose' of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of -said pipe lines and/or mains. Said easement and right-of-way being more particularly described as -follows.: A portion of Lot 25 in Bloch 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 88° 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E,1438 feet to an intersection with the northerly rnargin of 24h Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 88' 25' 4Y W along said northerly margin of 240 Street S.W., 15.00 feet -to the Paint of Beginning of this description; thence continuing N 88' 25' 43" W 10.00 feet, thence N. 45° 34' IT' E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21 ° 43' 25" W along said westerly line of Parcel "A" ,1b.83 feet to the Point of Beginning. Item #: EDMONDS CITY COUNCIL Agenda Memo, /0 7 Originator: Planning Division For Action: X For Information: Subject: CONTINUED PUBLIC HEARING ON THE CONSOLIDATION ANNEXATION OF A SMALL TRACT OF LAND COMMONLY KNOWN AS THE ABANDONED BALLINGER LIFT,STATION SITE. THE SITE IS CURRENTLY OWNED BY THE CITY OF MOUNTLAKE TERRACE, BUT IS LOCATED WITHIN THE CITY OF EDMONDS. Agenda Time: Agenda Date Exhibits Attached: 20 Min. August 26, 2003 1. August 5, 2003 Council minutes 2. Memo from Steve Koho, dated 8/21/03 3. Vicinity Map 4. Mountlake Terrace zoning Map 5. Letter by Zach Lell, dated 5/30/03 6. Resolution by Mountlake Terrace 7. Proposed Resolution for annexation Clearances: Department/initials Admin Svcs/Finance City Attorney City Clerk Court Personnel Fire Police Dev. Srvs. nw Community Svcs Engineering Parks & Rec Planningr Public Wor s Treatment Plant City Counci Mayor Reviewed by Council Finance Committee: Community Services Public Safely Approved for Consent Agenda: Recommend Review by Full Council: Expenditure Amount Appropriation —Required: $ 0 Budgeted: $ 0 Required: $ 0 Funding Source: N/A Previous Council Action: August 5, 2003, the City Council held a public hearing to consider the annexation of the Ballinger lift station property. Certain questions and concerns were raised that resulted in the hearing being continued to August 26, 2003. Narrative: At the August 5, 2003, Council meeting, some questions were raised about the City's obligation to take on the Ballinger lift station property due to liability and expense concerns and what the property would be zoned if it was annexed into the City of Edmonds (see Exhibit 1). Exhibit 2 is a memorandum written by Steve Koho, Wastewater Treatment Plant Manager, which gives the historical background on the City's obligation to take over this property. The memo includes a description of the sharing of expenses with the other agencies that send now to the City's wastewater treatment facility, and the actual decommissioning of the pump station facilities in 1993 which has eliminated the liability concerns related to flooding and overflow. In 1988, the City of Edmonds entered into an interlocal agreement with some adjacent agencies for "sewage facilities". One section of that agreement documents the City's responsibility to take over the Ballinger lift station within one year of the completion of the wastewater treatment plant (see Exhibit 2 and attachment). Unfortunately, the legal documentation transferring ownership of that facility from Mountlake Terrace to the City of Edmonds, which should have taken place by 1991, never was completed. In an effort to correct this situation, the City of Mountlake Terrace has passed a resolution to Quit Claim the property to the City of Edmonds (see Exhibit 5). Along with quit claiming the property to the City of Edmonds, Mountlake Terrace's resolution also allows for the property's annexation into the City of Edmonds. City staff considers this to be a benefit in that Edmonds as it legalizes its ownership authority through the quit claim deed and establishes its regulatory authority through the annexation. Because the City's responsibility to assume ownership of the property has already been established by the interlocal agreement and confirmed by the City Attorney, the only issue up for debate in this hearing is whether or not the property should be annexed. As noted earlier, the subject property is entirely surrounded by the City of Edmonds (see Exhibit 3). The City administers all permits, both discretionary and ministerial, for all the surrounding properties. Per the interlocal agreement, the City of Edmonds will be the sole property owner of this parcel. Without annexation, any permits required for maintenance, upgrades or other actions on the subject property by our Public Works and/or Wastewater Treatment divisions would need to be obtained from Mountlake Terrace. However, as a small property not contiguous to any other portion of their city, Mountlake Terrace would find it difficult to adequately evaluate any permits for their impact on adjoining properties, since they would not be familiar with Edmonds' plans, policies and codes. Regarding zoning, the property is currently zoned "Public Facilities and Services" in Mountlake Terrace (see Exhibit 4). Without a separate public hearing specifically on the zoning issue, comparable zoning is normally applied to any annexed property. Comparable zoning in the City of Edmonds will be "P — Public Use". For all these reasons, staff concludes that the annexation is the reasonable and appropriate action for the City of Edmonds to take. Recommended Action: Approve the Annexation Resolution (Exhibit 7) annexing the pump station property. Councilmember Orvis agreed with Councilmember Petso, referring to Item F, "the relative gain to public health, safety and welfare compared to the potential increase or decrease in value to the property." He noted there was a large increase in the value of the property. He found the public benefited by retaining commercial space in the city and planned to vote against the proposed motion. Councilmember Wilson spoke in opposition to the motion, noting there were several criteria the proposal was consistent with and several others the proposal was inconsistent with. With regard to whether the proposal was consistent with the Comprehensive Plan, he agreed with Councilmember Petso that the Comprehensive Plan encouraged commercial development. He noted the contract rezone was an impediment to the use of the property, pointing out there was the ability for the property owner to request an amendment to the contract rezone. With regard to whether there had been sufficient change in the character of the immediate area, Councilmember Wilson found there had not. He noted there may be opportunity for commercial development via consolidating the subject property with properties to the west. With regard to whether the property was economically feasible or suitable, he noted it could be used with the adjoining properties via consolidation. He noted properties with topographical changes could be used to great benefit as commercial properties by using the change in grade as an opportunity for additional floor area, providing access, parking, etc. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS MARIN, PLUNKETT, AND DAWSON IN FAVOR; COUNCILMEMBERS ORVIS, PETSO, AND WILSON OPPOSED. xatinn 6. PUBLIC HEARING ON THE CONSOLIDATION ANNEXATION OF A SMALL TRACT OF Allinger LAND COMMONLY KNOWN AS THE ABANDONED BALLINGER LIFT STATION SITE THE ift Station SITE IS CURRENTLY OWNED BY THE CITY OF MOUNTLAKE TERRACE BUT IS ite LOCATED WITHIN THE CITY OF EDMONDS. City Attorney Zach Lell advised this was a seldom used annexation process authorized under RCW 35.10.217, commonly known as a consolidated annexation. The process requires a multi -stage procedure whereby one jurisdiction initiates the process by passing a resolution declaring it has a parcel of property it desires to be annexed by an adjacent municipality. The resolution from that jurisdiction was sent to the County's Boundary Review Board. The other jurisdiction, in this instance, Edmonds, then passes a resolution and sets a public hearing. Depending on the results of the public hearing, the next step in the process was for Edmonds to pass a resolution formally accepting the annexation at which time the parties would execute a quit claim deed transferring the parcel from Mountlake Terrace to Edmonds. Mr. Lell explained the parcel at issue was a small parcel owned by Mountlake Terrace but surrounded entirely by Edmonds. The parcel has historically housed the Ballinger pump station. Councilmember Orvis inquired what the zoning of the parcel would be if annexed. Senior Planner Steve Bullock answered the City would typically adopt zoning comparable to Mountlake Terrace's zoning. He was uncertain what that parcel's zoning was in Mountlake Terrace. Councilmember Orvis asked whether there was any chance the Council would be annexing a multifamily zoned parcel in the middle of a residential neighborhood. Mr. Bullock noted the size of the parcel was small (500 square feet). Councilmember Petso inquired about the location of the property. Mr. Bullock explained it was in the southwest corner of Lake Ballinger on 244`h next to the road. The property had a tiny building on it and was surrounded by houses. Exhibit 'I AX-03-124 Councilmember Plunkett asked whether the lift station served any purpose for Edmonds. Treatment Plant Manager Stephen Koho answered no, explaining at one time it did but it was abandoned when King County built a new lift station across the street. For Councilmember Plunkett, Mr. Koho explained the building extended approximately three stories below grade. Councilmember Plunkett inquired about the City's environmental burden. Mr. Koho answered the City was contractually bound to assume ownership of the parcel due to an agreement with the City of Mountlake Terrace, Olympic View Water and Sewer District, and the Ronald Wastewater District. He explained that because the station no longer served any purpose, the City needed to demolish the structure. Specifically, equipment would be removed, floors between stores knocked out, walls removed approximately 4 feet below grade, and the space filled. Councilmember Plunkett inquired why the station was the City's responsibility. Mr. Koho answered the City had the responsibility to assume ownership of the parcel, one of the options was then to demolish the structure. Councilmember Plunkett inquired regarding the City's responsibility to assume ownership of the parcel. Mr. Lell answered the City originally initiated this process in 2000 by indicating interest to Mountlake Terrace in the transfer of the property. Mountlake Terrace then passed a resolution bringing the process to this point. He noted there had not been any formal offer/agreement with Mountlake Terrace. Mr. Koho noted except for the agreement itself in 1988 between the mayors of each jurisdiction and the special utility districts agreeing to the terms of the contract. He read from Section 6.4, the city at its convenience but no later than one year shall assume ownership and operational responsibility for the Ballinger Lift Station. Mr. Lell answered the city did not have a responsibility under the annexation statute; this was a separate agreement. The annexation process of which the public hearing was a part, was separate from the agreement to which Mr. Koho referred. Councilmember Plunkett asked whether the city had a legal obligation to take the lift station. Mr. Lell answered the city had an obligation to assume ownership at some point when the Ballinger Lift Station was taken out of commission. Councilmember Plunkett asked whether there was a binding legal obligation for the City to take on the lift station sooner or later. Mr. Koho answered that was his understanding. Mr. Lell answered it was his recollection that was required at some point but he was not entirely certain without further research. Councilmember Plunkett inquired about the cost to demolish the structure. Mr. Koho answered there were two issues, the one before the Council was whether to assume ownership of the property. Assuming that happened, demolition may or may not occur. He noted the Council could approve assuming ownership and later make a decision not to demolish the structure. He believed the City was not contractually obligated to demolish the structure but it was the most practical. Councilmember Plunkett commented the lift station may be an environmental hazard that would need to be removed. Mr. Koho commented it was an attractive nuisance, was prone to flooding, and it would be preferable to demolish it. Councilmember Plunkett pointed out the City could decide not to take it, leave it in Mountlake Terrace, and not assume the costs. Councilmember Wilson referred to Exhibits 2 and 3, specifically the whereas clause in the resolution that states the pump station is no longer in service and therefore said property is surplus to the needs of the City of Mountlake Terrace, noting it was clear Edmonds was to gain ownership of the pump station; the remaining question was whether it must be annexed into Edmonds. He questioned whether the City was Edmonds City Council Approved Minutes August 5, 2003 Page 17 obligated to take ownership of the pump station via the Interlocal Agreement and according to the resolution. Mr. Koho answered it was his understanding that the City was obligated to take ownership of the pump station. Councilmember Wilson asked whether Edmonds could take ownership of the property without annexing it. Mr. Lell answered the annexation process the Council was currently involved in had been initiated by the City in 2000. Mr. Lell advised the Interlocal Agreement may reference annexation but he would need to research the specific language of the Interlocal Agreement. Mr. Koho pointed out the property was important from a utility standpoint as three sewer lines passed through the property, and there were manholes and a metering station on the property. Councilmember Petso asked Mr. Lell if he was aware she was a Commissioner with the Olympic View Water and Sewer District who was a party to the Interlocal Agreement. Mr. Lell answered he was not. Councilmember Petso replied that although she did not believe there was an incompatibility with that position and her position as a Councilmember, she would excuse herself from this item and leave the dais. Councilmember Dawson commented it had already been agreed the City would obtain ownership of the property, the question was whether the property remained in Mountlake Terrace or annexed into Edmonds. For Councilmember Plunkett, Mr. Koho explained there were major sewer lines, manholes for access to those lines, and a flow meter on the property. He noted the future plans included maintaining the flow meter on the property due to telemetry that sent data to the treatment plant. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO EXTEND THE MEETING FOR 20 MINUTES. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson opened the public participation portion of the public hearing. Finis Tupper, 811 Daley Street, Edmonds, recalled there had been significant issues in the past with this lift station including flooding that caused property damage to the surrounding houses. He was concerned with the City taking ownership and annexing a lift station that had experienced problems in the past. He was opposed to taking on another city's problems and burdening Edmonds financially to correct past mistakes. Rich Demeroutis, 921 Pine Street, Edmonds, commented staff did not seem to have all the necessary information with regard to the pump station. He questioned the cost of demolition and potential for damaging the lines on the property. He suggested negotiating with Mountlake Terrace regarding their contributing to the removal of the structure on the property. Roger Hertrich, 1020 Puget Drive, Edmonds, commented staff did not have answers to the Council's questions. He agreed there had been liabilities associated with cleanup from flooding in the past. He recommended the Council obtain further information regarding the cost to correct the problems associated with this property before proceeding. Rowena Miller 8711 182"d Place SW, Edmonds, commented the Council did not have sufficient information to make a good decision. She recommended the Council continue the hearing until further information could be provided. Edmonds City Council Approved Minutes August 5, 2003 Page 18 Hearing no further public comment, Mayor Haakenson closed the public participation portion of the public hearing. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO CONTINUE THE PUBLIC HEARING UNTIL AUGUST 26, 2003. Councilmember Plunkett requested staff provide any history of difficulties with this pump station. Councilmember Wilson asked that staff provide the Council a copy of the Interlocal Agreement, with the excerpts regarding the City's obligations highlighted. MOTION CARRIED (6-0). COUNCILMEMBER PETSO DID NOT PARTICIPATE IN THE VOTE. 7. AUDIENCE COMMENTS Ray Martin, 18704 94tn Avenue West, Edmonds, commended Councilmembers Petso and Dawson on another fine performance as Councilmembers. Regarding Council President Earling's denial of a meeting with Planning Board Member Crim, he questioned whether Council President Earling had a telephone conversation, email or communication via another Councilmember or Planning Board Member. He then challenged Councilmember Orvis to indicate how he knew the Council would approve the Hearing Examiner process. With regard to Councilmember Wilson's statement that he was torn, Mr. Martin indicated he did not believe that, alleging Councilmember Wilson already had his mind made up. He referred to Councilmember Marin's statement that he had been personally and inappropriately attacked, requesting he describe how he had been personally attacked and why it was inappropriate. 8. MA VOR'S COMMENTS Vational Mayor Haakenson reported prior to tonight's meeting, from 5:00 to 7:00 p.m., the Edmonds Police vignt out Department and Fire Department were at National Night Out at the Frances Anderson Center. He reported the turnout was very good and expressed thanks to Councilmembers Marin and Dawson for participating. 9. COUNCIL COMMENTS Councilmember Dawson wished her husband a happy birthday. Councilmember Wilson expressed disappointment with the arrogance of Mr. Martin's implications regarding his mind set and how he made his decisions. Councilmember Wilson emphasized he made his own decisions and whether Mr. Martin agreed or not, he was torn. Councilmember Wilson explained he had had his own frustrations with the process but knew from a professional standpoint how to deal with issues and reach solutions. He commented that Mr. Martin had attacked his creditability, qualifications, and thought process. He urged Mr. Martin to have his facts straight before he raised an issue to the Council. With no further business, the Council meeting was adjourned at 10:25 p.m. Edmonds City Council Approved Minutes August 5, 2003 Page 19 Date: To: From: Subject: MEMORANDUM August 21, 2003 City Council Steve Koho Original Ballinger Pump Station An interlocal agreement, signed in 1988, exists between the City of Edmonds, the City of Mountlake Terrace, the Olympic View Water and Sewer District, and the Ronald Wastewater District. The agreement primarily covers responsibilities of the parties participating in "joint sewage facilities," such as the City's wastewater treatment plant, the SR104 trunkline, the sewer meter stations, and the outfall. There is also a section of the agreement (attached) that concerns the original Ballinger Pump Station. The contract provision calls for Edmonds to assume ownership and operations of the facility should it stay in operation. In the event that a new station was built by King County in a "flow swap" arrangement, the agreement makes provisions for the demolition of the old station. The public hearing held on August 5, 2003 demonstrated that there is confusion regarding the history and the status of the abandoned station. Following are key points to understand regarding the site: The Ballinger Pump Station was abandoned in 1993, when a new pump station was built (by King County) at a different location. The old station was physically disconnected by changing the sewer pipes around the building. While the City of Mountlake Terrace had experienced difficulties with the station in the past, no problems associated with the old facility have occurred since the station was by-passed. The old station is merely an abandoned structure in the ground. The agreement states that demolition expenses will be shared between the City of Edmonds, the City of Mountlake Terrace, and the Ronald Wastewater District proportionate to the amount of flow sent through the new pump station. Edmonds share is approximately 35%, and the projected demolition costs are $27,000; therefore Edmonds share will be approximately $9,500. This expense has been budgeted since 1999 in the budget book. The flowmeter rehabilitation work expenses are shared between all four agencies. This is accomplished by the use of Edmonds Capital Improvement Fund 414, which all participating agencies contribute to. Exhibit 2 AX-03-124 The demolition of the old station has long been planned to coincide with the rehabilitation of the adjacent sewer flowmeters. Council has performed the following actions regarding the demolition of the station: 1. February 23, 1999 — Authorization to negotiate contract for Sanitary Sewer Meter Station A with CHS. Work scope included BPS demolition. 2. May 19, 1999 - Authorization to sign contract for Sanitary Sewer Meter Station A with CHS, Engineering. Work scope included BPS demolition. 3. June 6, 2001— The meter rehabilitation and the station demolition were detailed and included in the Council packet authorizing loan financing (G.O. Bond sale) for various capital projects. 4. March 26, 2002 - Authorization for Amendment 1 to contract with CHS for Sanitary Sewer Meter Station A rehabilitation. Work scope included BPS demolition. 5. August 5, 2003 - Authorization for Amendment 2 to contract with CHS for Sanitary Sewer Meter Station A rehabilitation. Work scope included BPS demolition. 6. August 5, 2003 - Authorization to call for bids for construction of the Sanitary Sewer Meter Station rehabilitation project. Work scope included BPS demolition. 7. A detailed description of the demolition and rehabilitation work was included in the Council -approved 2002 — 2004 CIP plan. 8. A detailed description of the demolition and rehabilitation work was included in the Council -approved 2003 — 2008 CIP plan. The demolition of the old structure needs to be done to decrease the effort in rehabilitating the adjacent flowmeter, as well to remove a structure that has no purpose that could also pose a liability to the agencies involved. The need for demolition is independent to the issue of ownership of the site. If the City of Edmonds assumed ownership of the site, construction permitting for the planned capital work would be simplified, as well as future utility work on the property. determined by the parties or by an arbitrator in accordance with Section 10) of the costs of such fines or penalties, including its share of the associated administrative, legal and engineering costs incurred by the City, in connection with the fines or penalties. 6. 4. Ballinger Lift Station and Related Facilities. The City, at its convenience, but no later than one year after completion of the Treatment Plant Project, shall assume ownership and operational responsibility for the Ballinger Lift Station and related meters and sewer mains from the City of Mountlake Terrace. If found necessary on the basis of the City's evaluation and at the City's discretion, these facilities shall then be upgraded to conform with City standards and needs, with capital cost participation by Mountlake Terrace and Ronald Sewer District based on capacity and with each of those Participants paying its share of the capital costs at the time of construction. Operation and Maintenance costs will be allocated to each Participant annually on the basis of AADF. The City shall have the option of transferring the responsibility for the flows currently transported through the Ballinger Lift Station to the Municipality of Metropolitan Seattle ("Metro") in the event that a sewage exchange for Metro Richmond Beach flows is implemented. In the event of such a flow transfer, and the construction of various facilities needed to implement the Metro transfer, the City, Mountlake Terrace, and Ronald Sewer District would retain the responsibility of all capital and Maintenance and Operation Costs, including possible demolition of the existing lift station, on - 23 - the basis of proportionate share of annual flow through the Metro transfer facilities. Under the Metro option the City would still retain the responsibilities related to the transport and treatment of the domestic sewage that currently flows through the Ballinger Lift Station, including, but not limited to, planning, preliminary and final engineering, metering, recording, accounting and reporting. The assumption by the City of the Ballinger Lift Station -- either through the City's ownership and operation, or through transfer to Metro -- shall include a provision for honoring the existing agreement between Mountlake Terrace and Lynnwood for emergency overflow to the west trunk sewer with payment to the City via Mountlake Terrace by method that will protect the parties' purchased capacity at the Facilities. Also as part of this section, Mountlake Terrace shall have the right to close out its existing remaining debt service obligation to the City for existing facilities, because this remaining obligation is relatively small and has a very brief remaining period. The Parties to this Section 6.4 shall cooperate to the extent necessary to facilitate the sewage transfer between the City and Metro, recognizing that the construction of these facilities may include scare temporary flow diversions, construction impacts, and other impacts which may not totally be anticipated at this time. It is recognized that the costs of the Ballinger Lift Station and the related facilities for implementing a Metro transfer are only participated in by the City, Mountlake Terrace, and Ronald Sewer District. - 24 - � Zoning and Vicinity Map 1 Exhibit 3 AX-03-124 01MM10111011W±lAMI=smA: AIN=012'2104Fil WAS .-013DEN U PHYL'WCE P.L.L.C. ATTORNEYS AT LAW May 30, 2003 Sandra S. Chase, City Clerk City of Edmonds 121 5th Avenue N. Edmonds, WA 98020 Re: Ballinger Pump Station Annexation Dear Sandy: RECEIVED JUN04 2C EDMONDS CITY CLt, J. Zachary Lell As we've discussed,' I have been working with Steve Koho to effect the annexation of the Ballinger Pump Station parcel from the City Mountlake Terrace to the City of Edmonds. The Snohomish County Boundary Review Board has notified me that it will likely decline review of this proposed transfer. Accordingly, the City of Edmonds may continue with the annexation process specified under RCW 35.10.217(2). The next required procedure is the City Council's adoption of the first enclosed resolution, which Scott Snyder originally drafted in November 2000. The resolution sets a public hearing date for the annexation, and requires that a copy of the notice therefore be sent via certified mail to Mountlake Terrace using the procedures for local improvement district formation under Chapter 45.43 RCW. Upon completion of the public hearing the City may adopt the second enclosed resolution, which formally accepts the transfer of the subject parcel and establishes a protest period for the current property owner. The latter requirement is purely a formality in the present situation, as the City of Mountlake Terrace itself owns the Ballinger Pump Station site outright. After the protest period terminates, Mountlake Terrace will execute a quit claim deed for the parcel. The City of Edmonds must then send a copy of both its second resolution and the deed to the Boundary Review. Board. As required by RCW 35.10.217(2), I have enclosed a certified copy of the Mountlake Terrace resolution that initiated the annexation process in December 2000. I will coordinate with Steve Bullock and Steve Koho regarding the public hearing in the near future. Established 1902 A Member of the International Lawyers Network with indep Exhibit 5 AX-03-124 Sandy Chase May 30, 2003 Page 2 Please feel free to call me with any questions. Very truly yours; OGDEN MURPHY WAL , P.L.L.C: J. Zachary Lell JZL/ Enclosure cc: Steve Koho (w/o Encl.) Steve Bullock (w/o Encl.) (JZiS�5I27.DOC; I/0W06.180007/1 -e I hereby certify this to be a true and correct copy ofthe original on file in my ounce as part of the oflti cial records of the ity ofMountlake T City Clerk RESOLUTION NO. J`"5-, CITY OF MOUNTLAKE TERRACE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KOUNTLAKE TERRACE, WASMNGTON, DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING EXECUTION OF A QUIT CLAIM DEED; INITIATING THE ANNEXATION BY CONSOLIDATION OF THE TRACT OF LAND FROM THE CITY OF MOUNTLAKE TERRACE TO THE CITY OF EDMONDS; AUTHORIZING A CERTIFIED COPY OF THE RESOLUTION TO BE SENT TO THE BOUNDARY REVIEW BOARD AND TO THE CITY OF EDMONDS AND WAIVING NOTICE OF PUBLIC HEARING REGARDING THE ANNEXATION BY THE CITY OF EDMONDS. WHEREAS, a small tract of Mountlake Terrace property exists within the City of Edmonds, Washington, and, WHEREAS, said site was acquired and utilized as a Ballinger Lift Pumping Station for the transmission of sewage to the City of Edmonds Treatment Plant, and WHEREAS, by Interlocal Agreement between the parties, it was previously agreed that at such date as the pump station was taken out of service, it would be transferred to the City of Edmonds, and WHEREAS, the pump station is no longer in service and therefore said property is surplus to the needs of the City of Mountlake Terrace, and WHEREAS, since said property exists in and will be transferred to the City of Edmonds, as the City Council of the City of Mountlake Terrace deems it to be in the public interest to transfer not only ownership but also jurisdiction over such site to the City of Edmond,S' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A piece of real property located in the City of Edmonds, Washington, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth, is declared to be surplus to the need of the City of Mountlake Terrace. This piece of real property was utilized to transmit sewage to the City of Edmonds for treatment. Pursuant to an Interlocal Agreement between the parties at the date said lift station was taken out of service it is to be transferred to the City of Edmonds. The City Council of the City of Mountlake Terrace takes legislative notice that the lift station is no Exhibit 6 AX-03-124 I Wnby etr* thIl W be a true and @Dffkt cOpy of 010 Original on file in 6flice as tofiha official records EXHIBIT "A" art 3 of-MounoaimT r Recorder's No. 1338510 �,ity e A portion of Lot 25 in Bloch 7 of Lake Ballinger Land Co's Plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Lot 25 and running thence S 880 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 31' 15" E 14.38 feet to an intersection with the northerly margin of 244' Street S.W. (now 10.00 feet north of and parallel with the south Iine of said lot) and the Point of Beginning of this description; thence continuing N 67° 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 47' 31' 15" W. 35.95 feet; thence N 88' 25' 43" W along said northerly margin of 244`h St. S.W., 36.18 feet to the Point of Beginning , Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land CO.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest comer of said Lot 25 and Ong thence S 88° 25' 43" E along; the south line of said Lot 25 a distance of 75.00 feet and thence N 470 31115), E 14.39 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this descri,�tion; thence N 88' 25' 43" W along said northerly margin of 2441 Street S.W. 15.00 feet; thence N. 21 ° 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 .feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly he of the property hereinabove described, said easement running along the westerly line of the. said property hereinabove describe; _ TOGETHER WITH .a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and - to construct, maintain and repair underground pipe lines and/or mains for the purpose' of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the Iocation, construction, and maintenance of said pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s'Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest corner of said Lot 25 and ruining thence S 880 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 3 l' 15" E, 14.3 8 feet to an intersection with the northerly margin of 24,e Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 88' 25' 43" ins along said northerly margin of 240 Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 88° 25' 43" W 10.00 feet, thence N. 46° 34' 1T' E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21' 43' 25" W along said westerly line of Parcel "A", 16.83 feet to the Point of Beginning. 0006.180007 WSS/amg 11/14/00 JZL/ 5/30/03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, CONCURRING IN THE ANNEXATION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF EDMONDS AND COMMONLY KNOWN AS THE 13ALLINGER LIFT - STATION, BY CONSOLIDATION METHOD PURSUANT TO RCW 35.10.217(2), AT THE REQUEST OF THE OWNER OF SAID PROPERTY AND THE REQUEST OF THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE; AUTHORIZING ACCEPTANCE OF A QUIT CLAIM DEED FOR SAID PROPERTY; PROVIDING FOR ITS FILING OF RECORD; AND PROVIDING DIRECTION TO THE EDMONDS CITY CLERK REGARDING DISPOSITION OF CERTIFIED COPIES OF THIS RESOLUTION. WHEREAS, a small tract of land commonly known as the Ballinger Lift Station is located along Lake Ballinger in the City of Edmonds, Washington, and, WHEREAS, the subject parcel is owned by the City of Mountlake Terrace, and WHEREAS, the subject parcel has . historically been held by the City of Mountlake Terrace as a lift station for the public purpose of transmitting sewage to the City of Edmonds treatment facility; and WHEREAS, an Interlocal Agreement between the parties provides for transfer of such site from the City of Mountlake Terrace to the City of Edmonds on the date upon which it is taken out of service, and WHEREAS, such site has been taken out of service and the City of Mountlake Terrace has requested that the City of Edmonds annex the property using the consolidation Exhibit 7 {WSS455469.D0C;1/0W6A80007/J _ 1 _ AX-03-124 method set forth in RCW 35.10.217(2), and has provided a certified copy of a resolution malting such request, and WHEREAS, the City Council of the City of Edmonds find it to be in the public interest to annex the subject property, which is surrounded by other lands of the City of Edmonds and upon which no individual resides, thereby exercising appropriate jurisdiction over the property which, upon acceptance of a quit claim deed, shall become a part of the City of Edmonds and owned by it, and WHEREAS, the Snohomish County Boundary Review Board has received notice of this proposed annexation, has declined to accept jurisdiction over the same, and has thus implicitly approved this proposal, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, f HEREBY RESOLVES AS FOLLOWS: Section 1. That certain tract of land, commonly known as the Ballinger Lift Station, and legally described on the attached Exhibit A; incorporated by this reference as fully as if herein set forth, is hereby annexed to and consolidated with the City of Edmonds at the request of the current owner thereof, the City of Mountlake Terrace, Washington. Section 2. A quit claim deed from the City of Mountlake Terrace for transfer of ownership of said tract of land from the City of Mountlake Terrace to the City of Edmonds is hereby accepted. Section 3. The City Clerk of the City of Edmonds is hereby directed to send certified copies of this resolution for filing with the Snohomish County Auditor, as well as certified copies to the Snohomish County Boundary Review Board and the City of Mountlake i Terrace. RESOLVED this _ day of , 2003. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. {WSS455469.D0C;1/00006.180007/} -3- En.11MI "All ll Recorder's No. 1338510. A portion of Lot 25 in Block 7 of Lake Ballinger Land do's Plat Subdivision No. 1, recorded in 'Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows, Commencing at the Southwest corner of said Lot 25 -arid running thence S 890 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 31' 15" E 14.38 feet to an intersection with the northerly margin of 244ffi Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 67° 31' 15" B, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 470 31' 15" W. 35.95 feet; thence N 88' 25' 43" W along said northerly margin of 244`h St. S.W., 36.18 feet to the Point of Beginning - Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in BIock 7 of Lake Ballinger Land CO.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest comer of said Lot 25 and running thence S 89' 25' 43" E along, the south line of said Lot 25 a distance of 75.00 feet and thence N 47° 31' 15" E 14.39 feet to an • intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet North of and parallel, with the South line of said lots) and the Point of Beginning of this descri&n; thence N 98' 25' 43" W along said northerly margin of 244' Street S-W. 15.00 feet; thence N. 21' 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 470 31' 15" W, 8 6.2 9 feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; .... _.. TOGETHER WIM a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and- to f 1 construct, maintain and repair ❑ndergroi nd pipe lines and/or mains for the purpose- of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, hushes, undergrowth, and other obstructions interfering with the location, cor.{struction, and maintenance of -said Pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest comer of said Lot 25 and mmning thence S 88° 25' 43"' E along the south line of said Lot 25 a distance of75.00 feet and thence N. 47' 31' 15" E, 14.38 feet to an intersection with the northerly margin of 244'b Street S.W. (now 10-00 feet north', of and parallel with the south line of said lot); thence N. 880 25' 43" W along said northerly margin. of 244`h Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 881, 25' 43" W 10.00 feet, thence N. 460 34' I T' E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21 ° 43' 25" W along said westerly line of Parcel "A"', 16.83 feet to the Point of Beginning. 0006.180007 WSS/amg 11/14/00 5/29/03 JZL/ RESOLUTION NO. 1043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, SETTING A PUBLIC HEARING ON A CONSOLIDATION ANNEXATION OF THE BALLINGER LIFT STATION SITE. WHEREAS, a small tract of land is located along Lake Ballinger in the City of Edmonds, Washington, and, WHEREAS, said tract of land has been used in the past by the City of Mountlake Terrace's pumping station to transmit sewage to the City of Edmonds and is both owned by and within the jurisdiction of Mountlake Terrace, and WHEREAS, an Interlocal Agreement between the parties provides for transferof the site from the City of Mountlake Terrace to the City of Edmonds on the date upon which it is taken out of service, and WHEREAS, such site has been taken out of service and the City of Mountlake Terrace has requested that the City of Edmonds annex the property by the consolidation method set forth in RCW 35.10.217(2) and provide a certified copy of a resolution making such request, WHEREAS, the City Council of the City of Edmonds wishes to set a hearing regarding said annexation and consolidation in accord with statute, and {WSS455494.DOC;1/00006.180007/} - 1 - WHEREAS, Snohomish County Boundary Review Board has declined to accept jurisdiction or review of the proposed annexation and has therefore implictly approved such annexation, NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to the request of the City Council of the City of Mountlake Terrace, and upon approval of said annexation by the Snohomish County Boundary Review Board, the City of Edmonds will consider the annexation by consolidation of a small tract of land commonly known as the Ballinger Lift Station, legally described on the attached Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. This public hearing shall be held on the 51h day of August, 2003, at 250 - 5th Avenue North, Edmonds, WA 98020. Section 2. A copy of the notice of this resolution shall be mailed by certified mail to the City Clerk of the City of Mountlake Terrace, Washington. While the original request of the City of Mountlake Terrace waives this notice, it is being provided in excess of caution in order to fulfill the statutory requirements. The City of Mountlake Terrace, the initiator of this request, is also the owner of the property in the area proposed to be annexed, and owns one hundred percent (100%) of the assessed valuation of the annexation. Mountlake Terrace, therefore, in theory, has the right to protest the proposed annexation in writing to the City Council of the City of Edmonds within thirty days of the adoption of a resolution accepting the annexation. {WSS455494.DOC;1/00006.180007/} - 2 - RESOLVED this 17th day of June, 2003. APPROVED: MAYA, GALy HAAKENSON ATTEST/AUTHENTICATED : C TY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 06/13/2003 PASSED BY THE CITY COUNCIL: 06/17/2003 RESOLUTION NO. 1043 {WSS455494.DOC;1/00006.180007/1 - 3 - EXHIBIT "A" Recorder's No. 1338510 A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's Plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Lot 25 and running thence S 88° 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 3 V 15" E 14.38 feet to an intersection with the northerly margin of 240' Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 670 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 47' 31' 15" W. 35.95 feet; thence N 88' 25' 43" W along said northerly margin of 244`h St. S.W., 36.18 feet to the Point of Beginning . Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Bloch 7 of Lake Ballinger- Land Co.'s Plat Subdivision No. 1, recorded in volunie 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 88' 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N 47' 31' 15" E 14.39 feet to an intersection with the northerly margin of 2441h Street S.W. (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this description; thence N 88' 25' 43" W along said northerly margin of 244` Street S.W. 15.00 feet; thence N. 21' 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; TOGETHER WITH 'a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and -to constrict, maintain and repair underground pipe lines and/or mains for the purpose of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 881 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E, 14.39 feet to an intersection with the northerly margin of 244 h Street S.W. (now 10.00 .feet north of and parallel with the south line of said lot); thence N. 88' 25' 43" W along said northerly margin of 244`h Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 881 25' 43" W 10.00 feet, thence N. 460 34' IT' E 22.34 feet to a point on the westerly line of Parcel. "A" hereinabove described; thence S 21 ° 43' 25" W along said westerly line of Parcel "A", 16.83 feet to the Point of Beginning. EDMONDS CITY COUNCIL APPROVED MINUTES June 17, 2003 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5"' Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Jeff Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember ELECTED OFFICIALS ABSENT Richard Marin, Councilmember Deanna Dawson, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Serv. Director Jim Larson, Acting Admin. Serv. Director Rob Chave, Planning Manager Stephen Koho, Treatment Plant Manager Dave Gebert, City Engineer Darrell Smith, Traffic Engineer Steve Bullock, Senior Planner Bob Barker, D.A.R.E. Officer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WILSON, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Petso requested Item E be removed from the Consent Agenda. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve 5/3/03 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 3, 2003 iMinutes (C) APPROVAL OF CLAIM CHECKS #63108 THROUGH #63267 FOR THE WEEK OF Approve JUNE 2, 2003, IN THE AMOUNT OF $216,328.01. APPROVAL OF CLAIM CHECKS Claim #63268 THROUGH #63415 FOR THE WEEK OF JUNE 9, 2003, IN THE AMOUNT OF Checks $324,907.20. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #35697 THROUGH #35814 FOR THE PERIOD MAY 16 THROUGH MAY 31, 2003, IN THE AMOUNT OF $785,229.15. Anderson (D) REPORT ON BIDS OPENED JUNE 10, 2003 FOR THE ANDERSON CENTER WINDOW Center Window REPLACEMENT — PHASE II PROJECT AND AWARD OF CONTRACT TO ARMEX, Replacement INC. ($176,657.58, INCLUDING SALES TAX). Edmonds City Council Approved Minutes June 17, 2003 Page 1 Snohomish ]Dg Task () al ]Drug TF AUTHORIZATION FOR THE MAYOR TO SIGN INTERLOCAL AGREEMENT WITH Force SNOHOMISH REGIONAL DRUG TASK FORCE. .zoo` St. sw (G) AUTHORIZATION FOR THE MAYOR TO SIGN SUPPLEMENTAL AGREEMENT NO. '[mprove- 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PERTEET ments ENGINEERING FOR THE DESIGN OF THE 200TH STREET SW IMPROVEMENTS (NINTH AVENUE SOUTH TO 84TH AVENUE WEST) PROJECT. Screening 'System at (H) QUEST FOR Q AUTHORIZATION TO ADVERTISE FOR RE UALIFICATIONS FOR Treatment PERFORMING AN ENGINEERING EVALUATION OF THE SCREENING SYSTEM AT (Plant THE TREATMENT PLANT. Iltes# 1043 Annexation (I) RESOLUTION NO. 1043 SETTING A PUBLIC HEARING ON A CONSOLIDATION of Ballinger ANNEXATION OF THE BALLINGER LIFT STATION SITE 'Lift Station Item E: Approval of Findings of Fact for a Closed Record Review held before the City Council oil May27, 2003 of an application by Phoenix Development. Inc. for a Planned Residential Development and Formal Plat. Phoenix The site is zoned Single Family Residential (RS-8) and is located at 8512, 8516, 8520 and 8526 Main Street. Clevcl[vpmeni IPRD and (File No. PRD-2002-171 and P-2002-172. Formal Plat Councilmember Petso indicated her plans to vote against this item as she disagreed with the findings. Councilmember Wilson advised he was absent from the May 27, 2003 meeting and would abstain from the vote. City Attorney Scott Snyder suggested continuing this item as four affirmative votes of the Council were necessary for approval. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO CONTINUE THIS ITEM TO THE JUNE 24 CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The item continued to the June 24 Consent Agenda is as follows: (E) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD REVIEW HELD BEFORE THE CITY COUNCIL ON MAY 27, 2003 OF AN APPLICATION BY PHOENIX DEVELOPMENT, INC. FOR A PLANNED RESIDENTIAL DEVELOPMENT AND FORMAL PLAT. THE SITE IS ZONED SINGLE FAMILY RESIDENTIAL (RS-8) AND IS LOCATED AT 8512, 8516, 8520 AND 8526 MAIN STREET. ID.A.R.E. 3• INTRODUCTION OF THE RECIPIENTS OF THE EDMONDS POLICE FOUNDATION IRole Model EDMONDS-WOODWAY HIGH SCHOOL D.A.R.E. ROLE MODEL SCHOLARSHIP AWARDS. Scholarship Awards Harold Huston, President, Edmonds Police Foundation, expressed his congratulations to Police Chief David Stern, Police Officers and staff for receiving national accreditation. He offered thanks to Sgt. Debbie Smith, Youth Services Unit; Bob Barker, D.A.R.E. Officer; Robin Heslop, Crime Prevention, and Martin Speckmaier, High School Resource Officer. He explained the D.A.R.E. program was a great success due to the support from this team. Mr. Huston stated the Edmonds Police Foundation honored the top two D.A.R.E. Role Models for their dedication to leading a drug and alcohol free lifestyle. Scholastic ability, school activities, and community services were considerations in making the selection. He thanked Nancy Crim and Nancy McDonald for serving on the selection committee. He explained each recipient would receive $1,000 to apply toward his/her college education. He announced the two winners, Grace Woo and Joe Trieu. Ms. Woo commented the D.A.R.E. Role Model Program had been a great experience and an opportunity to work with youth and to compete for the scholarship. She wished luck to future D.A.R.E. Role Models and the D.A.R.E. Program. Edmonds City Council Approved Minutes June 17, 2003 Page 2 Item #: r, EDMONDS CITY COUNCIL 4 Agenda Memo . � /C,) .3 Originator: Planning Division For Action: X For Information: Subject: PROPOSED RESOLUTION SETTING A PUBLIC HEARING ON A CONSOLIDATION ANNEXATION OF THE BALLINGER LIFT STATION SITE. Clearances: Department/Initials Agenda Time: Consent Admin Svcs/Finance _ Community Svcs City Attorney Engineering Agenda Date: June 17, 2003 City Clerk Court Exhibits Attached: 1. Letter by Zach Lell, dated 5/30/03 2. Resolution by Mountlake Terrace 3. Proposed Resolution Establishing a hearing. 4. Proposed Resolution for annexation Personnel Fire Police Dev. Srvs. Parks & Rec PIannin Public or s Treatment Plant City Council Mayor Reviewed by Council Finance Committee: Community Services Public Safety Approved for Consent Agenda: Recommend Review by Full Council: Expenditure Amount Appropriation Required: $ 0 Budgeted: $ 0 Required: $ 0 Funding Source: N/A Previous Council Action: None Narrative: A sanitary sewer lift station, located near the southwestern corner of Lake Ballinger, is an incorporated island of the City of Mountlake Terrace. It has been entirely surrounded by the City of Edmonds for over 40 years. With a new lift station being constructed at the southeastern corner of the lake, on the Edmonds — Mountlake Terrace boundary, the old lift station is being abandoned and the City of Mountlake Terrace has no need for the small island of land it was located on. State law now provides that jurisdictions may modify their boundaries based on resolutions approved by the City Council's of each jurisdiction. Mountlake Terrace has already passed this resolution. Now, we are asking the Council to approve a resolution establishing a hearing date to complete a consolidated annexation of the old pump station property from Mountlake Terrace into the City of Edmonds. Recommended Action: Approve the attached Resolution establishing August 5, 2003 for a public hearing regarding the proposed consolidated annexation of the pump station property. UGDEN U �PHY LASE P. L. L. C. ATTORNEYS AT LAW May 30, 2003 Sandra S. Chase, City Clerk City of Edmonds 121 5th Avenue N. Edmonds, WA 98020 Re: Ballinger Pump Station Annexation Dear Sandy: RECEIVED J U N 0 4 2003 EDMONDS CITY CLEI J. Zachary Lell As we've discussed, I have been working with Steve Koho to effect the annexation of the Ballinger Pump Station parcel from the City Mountlake Terrace to the City of Edmonds. The Snohomish County Boundary Review Board has notified me that it will likely decline review of this proposed transfer. Accordingly, the City of Edmonds may continue with the annexation process specified under RCW 35.10.217(2). The next required procedure is the City Council's adoption of the first enclosed resolution, which Scott Snyder originally drafted in November 2000. The resolution sets a public hearing date for the annexation, and requires that a copy of the notice therefore be sent via certified mail to Mountlake Terrace using the procedures for local improvement district formation under Chapter 45.43 RCW. Upon completion of the public hearing the City may adopt the second enclosed resolution, which formally accepts the transfer of the subject parcel and establishes a protest period for the current property owner. The latter requirement is purely a formality in the present situation, as the City of Mountlake Terrace itself owns the Ballinger Pump Station site outright. After the protest period terminates, Mountlake Terrace will execute a quit claim deed for the parcel. The City of Edmonds must then send a copy of both its second resolution and the deed to the Boundary Review Board. As required by RCW 35.10.217(2), I have enclosed a certified copy of the Mountlake Terrace resolution that initiated the annexation process in December 2000. I will coordinate with Steve Bullock and Steve Koho regarding the public hearing in the near future. Established 1902 A Member of the International Lawyers Network with indep 1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206,447.7001 1JZL545127.DOC;1 /00006.180007/} Exhibit I Sandy Chase May 30, 2003 Page 2 Please feel free to call me with any questions. Very truly yours, OGDEN MURPHY WALLACE', P.L.L.C. J. Zachary Lell JZL/ Enclosure cc: Steve Koho (w/o Encl.) Steve Bullock (w/o Encl.) {JZL545127.00C;1 /00006.180007/} I hereby certify this to be a true and co u:t copy ofthe original on file in my office as part of the oth vial records of the ity of Mountlal€e T City C erk RESOLUTION NO. 56'�5 CITY OF MOUNTLAKE TERRACE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KOUNTLAKE TERRACE, WASHINGTON, DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING EXECUTION OF A QUIT CLAIM DEED; INITIATING THE ANNEXATION BY CONSOLIDATION OF THE TRACT OF LAND FROM THE CITY OF MOUNTLAKE TERRACE TO THE CITY OF EDMONDS; AUTHORIZING A CERTIFIED COPY OF THE RESOLUTION TO BE SENT TO THE BOUNDARY REVIEW BOARD AND TO THE CITY OF EDMONDS AND WAIVING NOTICE OF PUBLIC HEARING REGARDING THE ANNEXATION BY THE CITY OF EDMONDS. WHEREAS, a small tract of Mountlake Terrace property exists within the City of Edmonds, Washington, and, WHEREAS, said site was acquired and utilized as a Ballinger Lift Pumping Station for the transmission of sewage to the City of Edmonds Treatment Plant, and WHEREAS, by Interlocal Agreement between the parties, it was previously agreed that at such date as the pump station was taken out of service, it would be transferred to the City of Edmonds, and WHEREAS, the pump station is no longer in service and therefore said property is surplus to the needs of the City of Mountlake Terrace, and WHEREAS, since said property exists in and will be transferred to the City of Edmonds, as the City Council of the City of Mountlake Terrace deems it to be in the public interest to transfer not only ownership but also jurisdiction over such site to the City of Edmond, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1.. A piece of real property located in the City of Edmonds, Washington, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth, is declared to be surplus to the need of the City of Mountlake Terrace. This piece of real property was utilized to transmit sewage to the City of Edmonds for treatment. Pursuant to an Interlocal Agreement between the parties at the date said lift station was taken out of service it is to be transferred to the City of Edmonds. The City Council of the City of Mountlake Terrace takes legislative notice that the lift station is no Exhibit 2 I ' cet*this to be a true and SOMI copy of the robin al on file in itlice as apart afL;he Official records EXHIBIT "A" �1@ 41 dMountlake Terrace Recorder's No. 1338510 City A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's Plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Lot 25 and running thence S 880 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 31' 15" E 14.38 feet to an intersection with the northerly margin of 2440' Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 67° 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 47° 31' 15" W. 35.95 feet; thence N 88" 25' 43" W along said northerly margin of 240 St. S.W., 36.18 feet to the Point of Beginning . Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 89' 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N 47' 31' 15" E 14.39 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this description; thence N 88' 25' 43" W along said northerly margin of 244` Street S.W. 15.00 feet; thence N. 21' 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; TOGETHER WITH *a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and to construct, maintain and repair underground pipe lines and/or mains for the purpose of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the Iodation of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said pipe lines and/or mains. Said easement and right-of-way being more particularly described as fo [lows: A portion of Lot 25 in Block 7 of Lake Ballinger Land CO.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 88° 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 31' 15" E, 14.38 feet to an intersection with the northerly margin of 24.0 Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 88' 25' 43" W along said northerly margin of 244`h Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 88' 25' 43" W 10.00 feet, thence N. 460 34' 1 T' E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21 ° 43' 25" W along said westerly line of Parcel "A", 16.83 feet to the Point of Beginning. 0006.180007 WSS/amg 11/14/00 5/29/03 JZL/ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, SETTING A PUBLIC HEARING ON A CONSOLIDATION ANNEXATION OF THE BALLINGER LIFT STATION SITE. WHEREAS, a small tract of land is located along Lake Ballinger in the City of Edmonds, Washington, and, WHEREAS, said tract of land has been used in the past by the City of Mountlake Terrace's pumping station to transmit sewage to the City of Edmonds and is both owned by and within the jurisdiction of Mountlake Terrace, and WHEREAS, an Interlocal Agreement between the parties provides for transfer of the site from the City of Mountlake Terrace to the City of Edmonds on the date upon which it is taken out of service, and WHEREAS, such site has been taken out of service and the City of Mountlake Terrace has requested that the City of Edmonds annex the property by the consolidation method set forth in RCW 35.10.217(2) and provide a certified copy of a resolution making such request, and WHEREAS, the City Council of the City of Edmonds wishes to set a hearing regarding said annexation and consolidation in accord with statute, and { WSS455494.DOC;]/00006.180007/} - 1- Exhibit 3 WHEREAS, Snohomish County Boundary Review Board has declined to accept jurisdiction or review of the proposed annexation and has therefore implictly approved such annexation, NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to the request of the City Council of the City of Mountlake Terrace, and upon approval of said annexation by the Snohomish County Boundary Review Board, the City of Edmonds will consider the annexation by consolidation of a small tract of land commonly known as the Ballinger Lift Station, legally described on the attached Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. This public hearing shall be held on the day of A1A6kL b-r , 2003, at 250 - 5th Avenue North, Edmonds, WA 98020. Section 2. A copy of the notice of this resolution shall be mailed by certified mail to the City Clerk of the City of Mountlake Terrace, Washington. While the original request of the City of Mountlake Terrace waives this notice, it is being provided in excess of caution in order to fulfill the statutory requirements. The City of Mountlake Terrace, the initiator of this request, is also the owner of the property in the area proposed to be annexed, and owns one hundred percent (100%) of the assessed valuation of the annexation. Mountlake Terrace, therefore, in theory, has the right to protest the proposed annexation in writing to the City Council of the City of Edmonds within thirty days of the adoption of a resolution accepting the annexation. {WSS455494.DOC;1/00006.180007/} - 2 - RESOLVED this _ day of , 2003. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. {WSS455494,DOC;1/00006.180007/1 - 3 - EXRI]311 "All Recorder's No. 1338510 A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's PIat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows. Commencing at the Southwest corner of said Lot 25 and running thence S 880 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 31' 15" E 14.38 feet to an intersection with the northerly margin of 24.46' Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 670 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 470 31' 15" W. 35.95 feet; thence N 880 25' 43" W along said northerly margin of 240 St. S.W., 36.18 feet to the Point of Beginning. Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land CO.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 88' 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N 47' 31' 15" E 14.39 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this description; thence N 88' 25' 43" W along said northerly margin of 244` Street S.W. 15.00 feet; thence N. 21' 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; .... TOGETHER WITH a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and- to construct, maintain and repair underground pipe limes and/or mains for the purpose of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 880 25' 43". E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 31' 15" E,14:39 feet to an intersection with the northerly margin of 244�' Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 88' 25' 43" W along said northerly margin of 240 Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 880 25' 43" W 10.00 feet, thence N. 46" 34' 1 T' E 22.34 feet to a point on the westerly line of Parcel "A" herehiabove described; thence S 21' 43' 25" W along said westerly line of Parcel "A!', 16.83 feet to the Point of Beginning. 0006.180007 WSS/amg 11/14/00 JZL/ 5/30/03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, CONCURRING IN THE ANNEXATION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF EDMONDS AND COMMONLY KNOWN AS THE BALLINGER LIFT STATION, BY CONSOLIDATION METHOD PURSUANT TO RCW 35.10.217(2); AT THE REQUEST OF THE OWNER OF SAID PROPERTY AND THE REQUEST OF THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE; AUTHORIZING ACCEPTANCE OF A QUIT CLAIM DEED FOR SAID PROPERTY; PROVIDING FOR ITS FILING OF RECORD; AND PROVIDING DIRECTION TO THE EDMONDS CITY CLERK REGARDING DISPOSITION OF CERTIFIED COPIES OF THIS RESOLUTION. WHEREAS, a small tract of land commonly known as the Ballinger Lift Station is located along Lake Ballinger in the City of Edmonds, Washington, and, WHEREAS, the subject parcel is owned by the City of Mountlake Terrace, and WHEREAS, the subject parcel has historically been held by the City of Mountlake Terrace as a lift station for the public purpose of transmitting sewage to the City of Edmonds treatment facility; and WHEREAS, an Interlocal Agreement between the parties provides for transfer of such site from the City of Mountlake Terrace to the City of Edmonds on the date upon which it is taken out of service, and WHEREAS, such site has been taken out of service and the City of Mountlake Terrace has requested that the City of Edmonds annex the property using the consolidation {WSS455469.DOC;1/00006.180007/1 - 1- Exhibit 4 method set forth in RCW 35.10.217(2), and has provided a certified copy of a resolution making such request, and WHEREAS, the City Council of the City of Edmonds find it to be in the public interest to annex the subject property, which is surrounded by other lands of the City of Edmonds and upon which no individual resides, thereby exercising appropriate jurisdiction over the property which, upon acceptance of a quit claim deed, shall become a part of the City of Edmonds and owned by it, and WHEREAS, the Snohomish County Boundary Review Board has received notice of this proposed annexation, has declined to accept jurisdiction over the same, and has thus implicitly approved this proposal, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section ] . That certain tract of land, commonly known as the Ballinger Lift Station, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth, is hereby annexed to and consolidated with the City of Edmonds at the request of the current owner thereof, the City of Mountlake Terrace, Washington. Sectiog 2. A quit claim deed from the City of Mountlake Terrace for transfer of ownership of said tract of land from the City of Mountlake Terrace to the City of Edmonds is hereby accepted. Section 3. The City Clerk of the City of Edmonds is hereby directed to send certified copies of this resolution for filing with the Snohomish County Auditor, as well as certified copies to the Snohomish County Boundary Review Board and the City of Mountlake Terrace. {WSS455469.DOC;1/00006.180007/} - 2 - RESOLVED this _ day of , 2003. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. {WSS455469.DOC;1/00006.180007/} - 3 - EXHIBIT "A" Recorder's No. 1338510 A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's Plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Lot 25 and running thence S 88° 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47131' 15" E 14.38 feet to an intersection with the northerly margin of 240' ,Street S.W. (now 10.00 feet north of and parallel with the south Iine of said lot) and the Point of Beginning of this description; thence continuing N 670 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 47' 31' 15" W. 35.95 feet; thence N 98' 25' 43" W along said northerly margin of 244`h St. S.W_, 36.18 feet to the Point of Beginning . Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land CO.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 880 25' 43" E along the south line of said Lot 25 a distanco of 75.00 feet and thence N 47' 31' 15" E 14.39 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet North of and parallel- with the South line of said lots) and the Point of Beginning of this description; thence N 880 25' 43" W along said northerly margin of 244` Street S.W. 15.00 feet; thence N. 21 ° 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road Purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; TOGETHER WITH 'a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and- to construct, maintain and repair underground pipe lines and/or mains for the purpose of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the farther right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of -said pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in BIock 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest comer of said Lot 25 and running thence S 88° 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E,14.38 feet to an intersection with the northerly margin of 244t' Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 880 25' 43" W along said northerly margin of 244`h Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 881 25' 43" W 10.00 feet, thence N. 460 34' 1T' E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21 ° 43' 25" W along said westerly line of Parcel "'A", 16.83 feet to the Point of Beginning. I hereby certify this to be a true and co-,Tw,t copy ofthe original on He in my of;Iice as part ofthe otii6a] records, of the Py of Mountlake Ten A a "".. blw� Z City C erk RESOLUTION NO. 5E-6 CITY OF MOUNTLAKE TERRACE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING EXECUTION OF A QUIT CLAIM DEED; INITIATING THE ANNEXATION BY CONSOLIDATION OF THE TRACT OF LAND FROM THE CITY OF MOUNTLAKE TERRACE TO THE CITY OF EDMONDS; AUTHORIZING A CERTIFIED COPY OF THE RESOLUTION TO BE SENT TO THE BOUNDARY REVIEW BOARD AND TO THE CITY OF EDMONDS AND WAIVING NOTICE OF PUBLIC HEARING REGARDING THE ANNEXATION BY THE CITY OF EDMONDS. WHEREAS, a small tract of Mountlake Terrace property exists within the City of Edmonds, Washington, and, WHEREAS, said site was acquired and utilized as a Ballinger Lift Pumping Station for the transmission of sewage to the City of Edmonds Treatment Plant, and WHEREAS, by Interlocal Agreement between the parties, it was previously agreed that at such date as the pump station was taken out of service, it would be transferred to the City of Edmonds, and WHEREAS, the pump station is no longer in service and therefore said property is surplus to the needs of the City of Mountlake Terrace, and WHEREAS, since said property exists in and will be transferred to the City of Edmonds, as the City Council of the City of Mountlake Terrace deems it to be in the public interest to transfer not only ownership but also jurisdiction over such site to the City of Edmond, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A piece of real property located in the City of Edmonds, Washington, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth, is declared to be surplus to the need of the City of Mountlake Terrace. This piece of real property was utilized to transmit sewage to the City of Edmonds for treatment. Pursuant to an Interlocal Agreement between the parties at the date said lift station was taken out of service it is to be transferred to the City of Edmonds. The City Council of the City of Mountlake Terrace takes legislative notice that the lift station is no longer in use, is surplus to the needs of the City and, pursuant to agreement, should be transferred to the City of Edmonds. Section 2. The City Manager of Mountlake Terrace is hereby authorized to execute a Quit Claim Deed transferring said tract to land to the City of Edmonds. Copies of such Quit Claim Deed is attached hereto as Exhibit B and incorporated by this reference as fully as it herein set forth. Section 3. Pursuant to the authorization of RCW 35.10.217(2), the City Council of the City of Mountlake Terrace hereby indicates its desire that said facility site be transferred from the City of Mountlake Terrace, annexed to the City of Edmonds, and consolidated with it pursuant to the provisions of said state statute. Section 4. The City Clerk is hereby authorized to transfer a certified copy of this resolution to the Snohomish County Boundary Review Board and to the City Clerk of Edmonds, Washington. Section 5. As the initiating jurisdiction and as the sole owner of the real property referenced in this resolution, the City Council of the City of Mountlake Terrace does hereby waive notice of public hearing in the City of Edmonds pursuant to provisions of RCW35.10.217(2). The property is not in residential use and no person resides upon it. Having found the property to be surplus in the needs of the City and contractually bound to transfer it to the City of Edmonds, the City Council has expressed its desire to have the property annexed by Edmonds and, therefore, waives notice of public hearing. Section 6. The Quit Claim Deed authorized for execution in Paragraph 2 above, shall be filed with the Snohomish County Auditor upon receipt of a certified copy of the resolution by the City of Edmonds annexing said property to City of Edmonds. Pursuant to RCW 35.10.217(2), such action by the City Council of the City of Edmonds can only occur after the annexation has been approved by the Snohomish County Boundary Review board expressly, or by the Review Board's failure to act within the period set by statute. PASSED THIS day of t&, 2000, and signed in authentication of its passage this lA`� day of &Ord , 2000. A'L4�0�1 MAYOR DA ID GOSSETT ATTEST: T)�" �1� CITY CLERK \\MOUNTLAKE_TERRACE\ADMIN\SHARE\staff reports\Council\Ballinger PS RESOLUTION No..doc W:\WPDOC\ORD\Ballinger PS RESOLUTION No..doc $ fi eeftify No to be a true and W ;tt cop,Y of tho orlginal on file in tt:ltc :hs of he official records EXHIBIT "A" @�tr '1 y O MounthAe Terrace Recorder's No. 1338510 City Clerk A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's Plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Lot 25 and running thence S 88' 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E 14.38 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 67" 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 47' 31' 15" W. 35.95 feet; thence N 88' 25' 43" W along said northerly margin of 244`i' St. S.W., 36.18 feet to the Point of Beginning . Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 881 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N 47' 31' 15" E 14.39 feet to an intersection with the northerly margin of 2441h Street S.W. (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this description; thence N 88' 25' 43" W along said northerly margin of 244` Street S.W. 15.00 feet; thence N. 21 ° 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; TOGETHER WITH a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and to construct, maintain and repair underground pipe lines and/or mains for the purpose of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest corner of said Lot 25 and running thence S 880 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E, 14.38 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 88' 25' 43" W along said northerly margin of 244"' Street S.W., 15.00 feet to the Point of Beginning of this description; thence continuing N 88' 25' 43" W 10.00 feet, thence N. 460 34' 1 T' E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21 ° 43' 25" W along said westerly line of Parcel "A", 16.83 feet to the Point of Beginning. Chase, Sandy From: Koho, Steve Sent: Tuesday, July 01, 2003 2:48 PM To: Chase, Sandy Subject: RE: Revised Notice: Ballinger Lift Station Looks good to me. -----Original Message ----- From: Chase, Sandy Sent: Tuesday, July 01, 2003 11:15 AM To: Koho, Steve; Bullock, Steve Cc: Hynd, Linda Subject: Revised Notice: Ballinger Lift Station Hi Steve and Steve, I revised the notice as requested. I plan to publish the notice the next two consecutive Sundays. We will send a copy by certified mail to Mountlake Terrace, and post signs in our public places as well as near the site. << File: Public Hearing - Ballinger Lift Station.doc >> Please let me know if any changes are needed. Sandy Public Hearing Notice - Ballinger Lift Station Pagel of 2 Chase, Sandy From: Zach Lell [zlell@omwlaw.com] Sent: Friday, June 27, 2003 2:04 PM To: Chase, Sandy Subject: RE: Public Hearing Notice - Ballinger Lift Station Hi, Sandy: Individualized notice to the surrounding property owners is probably not required. The annexation of the Ballinger Lift Station site is proceeding under RCW 35.10.217(2), which requires that notice of the public hearing "shall be mailed to the owners of the property within the area proposed to be annexed in the same manner that notices of a hearing on a proposed local improvement district are required to be mailed... as provided in Chapter 35.43 RCW." Chapter 35.43 merely requires cities to mail, at least 15 days before the hearing date, notice of said hearing to the owners/beneficiaries of the project as listed on the county assessment rolls. RCW 35.43.150. Since Mountlake Terrace is the sole owner of the Ballinger Lift Station site, providing that City with a copy of the notice via certified mail by the 15 day deadline should suffice. Out of caution, I would also recommend (1) posting the signs noted in your email, and (2) publishing the notice in two consecutive issues of the City's official newspaper, with the first publication occurring at least 15 days prior to the hearing date. See RCW 35.43.140. Regarding the content of your proposed notice form, it looks great except for one issue: the second paragraph currently provides that the subject parcel "is located within the City of Mountlake Terrace." I've assumed until now that the Ballinger Lift Station is *owned* by MLT, but actually *located* within the City of Edmonds. If this assumption is erroneous. please let me know at your earliest convenience, as I will need to revise my draft resolution regarding this matter. Otherwise, your notice form should be revised accordingly. I hope this helps. If I don't hear from you sooner, have a great weekend. - Zach -----Original Message ----- From: Chase, Sandy [mailto:Chase@ci.edmonds.wa.us] Sent: Thursday, June 26, 2003 4:57 PM To: Zach Lell; Bullock, Steve; Koho, Steve Cc: Hynd, Linda Subject: Public Hearing Notice - Ballinger Lift Station Attached is a draft notice regarding the public hearing scheduled on August 5 for the annexation of the Ballinger Lift Station. I need to send this out soon (30 days prior to the hearing date). Would you please review the notice and let me know if I should add/delete anything? Also, will this notice need to be mailed to other property owners within 300 feet? If so, I will need mailing labels from Planning. I will plan to post three signs in the area as well. Thank you all! 6/27/2003 Chase, Sand From: Bullock, Steve Sent: Friday, June 27, 2003 10:07 AM To: Chase, Sandy Subject: RE: Public Hearing Notice - Ballinger Lift Station Looks good to me. -----Original Message ----- From: Chase, Sandy Sent: Thursday, June 26, 2003 4:57 PM To: 'zlell@omwlaw.com'; Bullock, Steve; Koho, Steve Cc: Hynd, Linda Subject: Public Hearing Notice - Ballinger Lift Station Attached is a draft notice regarding the public hearing scheduled on August 5 for the annexation of the Ballinger Lift Station. I need to send this out soon (30 days prior to the hearing date). Would you please review the notice and let me know if I should add/delete anything? Also, will this notice need to be mailed to other property owners within 300 feet? If so, I will need mailing labels from Planning. I will plan to post three signs in the area as well. Thank you all! Sandy Chase << File: Public Hearing - Ballinger Lift Station.doc >> Date: To: From: Subject: MEMORANDUM February 6, 2003 Scott Snyder, Steve Bullock, Sandy Chase Steve Koho Old Ballinger Pump Station property I appreciate each of you recently looking into the question of the status of MLT transferring ownership of this site over to the City of Edmonds. In reviewing memos from November 2000, it appears that Scott sent draft resolutions to MLT for their adoption. I have a copy of their resolution declaring the property to be surplus, but I do not have a quit -claim deed, nor can Sandy find a record. In reviewing emails from February 2001, it appears that MLT sent the resolution to the BRB for their approval before Edmonds could act. At this point, the trail gets cold. I remember someone asking me questions regarding the BRB process, and me requesting Steve to get involved. My guess is that the matter is still unresolved with the BRB, and that Zach and Steve were the last ones seen with the ball. Does this sound reasonable to all of you? Can someone contact the BRB to see if they know anything about it? Let me know if I can help. rrr+.�r MOUNTLAKE TERRACE January 4, 2001 Snohomish County Review Board 3000 Rockefeller Avenue Everett, WA 98201 J A N 0 8- 2001 EDMONDS CITY CLERK Enclosed is a certified copy of Resolution No. 555, declaring certain real property to be surplus, authorizing execution of a quit claim deed; and initiating annexation by the City of Edmonds. If you have any questions, please contact either City Attorney Gregory Schrag or myself. Sincerely, -_r J Mavis L. Fey City Clerk Enclosure W:\W PDOC\CLERK\BalLi ftStaSurplusB RB.doe www.ci.mountlake-terrace.wa.us City Hall Police Department Fire Department 23204 58th Ave West 5906 232nd St SW 23204 58th Ave West Mountlake Terrace WA 98043 Mountlake Terrace WA 98043 Mountlake Terrace WA 98043 425.776.1161 425.670.8260 425.776.1161 fax 425.778.6421 fax 425.776.5788 fax 425.778.6421 Recreation & Parks 5303 228th St SW Mountlake Terrace WA 98043 425.776.9173 fax 425.775.2365 RESOLUTION NO. S 55 CITY OF MOUNTLAKE TERRACE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • ° C -'�`� OUNTLAKE TERRACE , WASHINGTON, DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING EXECUTION OF A QUIT CLAIM DEED; INITIATING THE ANNEXATION BY CONSOLIDATION OF THE TRACT OF LAND FROM THE CITY OF MOUNTLAKE TERRACE TO THE CITY OF EDMONDS; AUTHORIZING A CERTIFIED COPY OF THE RESOLUTION TO BE SENT TO THE BOUNDARY REVIEW BOARD AND TO THE CITY OF EDMONDS AND WAIVING NOTICE OF PUBLIC HEARING REGARDING THE ANNEXATION BY THE CITY OF EDMONDS. WHEREAS, a small tract of Mountlake Terrace property exists within the City of Edmonds, Washington, and, WHEREAS, said site was acquired and utilized as a Ballinger Lift Pumping Station for the transmission of sewage to the City of Edmonds Treatment Plant, and WHEREAS, by Interlocal Agreement between the parties, it was previously agreed that at such date as the pump station was taken out of service, it would be transferred to the City of Edmonds, and WHEREAS, the pump station is no longer in service and therefore said property is surplus to the needs of the City of Mountlake Terrace, and WHEREAS, since said property exists in and will be transferred to the City of Edmonds, as the City Council of the City of Mountlake Terrace deems it to be in the public interest to transfer not only ownership but also jurisdiction over such site to the City of Edmond, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A piece of real property located in the City of Edmonds, Washington, and legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth, is declared to be surplus to the need of the City of Mountlake Terrace. This piece of real property was utilized to transmit sewage to the City of Edmonds for treatment. Pursuant to an Interlocal Agreement between the parties at the date said lift station was taken out of service it is to be transferred to the City of Edmonds. The City Council of the City of Mountlake Terrace takes legislative notice that the lift station is no longer in use, is surplus to the needs of the City and, pursuant to agreement, should be transferred to the City of Edmonds. Section 2. The City Manager of Mountlake Terrace is hereby authorized to execute a Quit Claim Deed transferring said tract to land to the City of Edmonds. Copies of such Quit Claim Deed is attached hereto as Exhibit B and incorporated by this reference as fully as it herein set forth. Section 3. Pursuant to the authorization of RCW 35.10.217(2), the City Council of the City of Mountlake Terrace hereby indicates its desire that said facility site be transferred from the City of Mountlake Terrace, annexed to the City of Edmonds, and consolidated with it pursuant to the provisions of said state statute. Section 4. The City Clerk is hereby authorized to transfer a certified copy of tl:is resolution to the Snohomish County Boundary Review Board and to the City Clerk of Edmonds, Washington. Scct1L]n 5. As the initiating jurisdiction and as the sole owner of the real property referenced in this resolution, the City Council of the City of Mountlake Terrace does hereby waive notice of public hearing in the City of Edmonds pursuant to provisions of RCW35.10.217(2). The property is not in residential use and no person resides upon it. Having found the property to be surplus in the needs of the City and contractually bound to transfer it to the City of Edmonds, the City Council has expressed its desire to have the property annexed by Edmonds and, therefore, waives notice of public hearing. Section 6. The Quit Claim Deed authorized for execution in Paragraph 2 above, shall be filed with the Snohomish County Auditor upon receipt of a certified copy of the resolution by the City of Edmonds annexing said property to City of Edmonds. Pursuant to RCW 35.10.217(2), such action by the City Council of the City of Edmonds can only occur after the annexation has been approved by the Snohomish County Boundary Review board expressly, or by the Review Board's failure to act within the period set by statute. PASSED THIS IfZ) day of , 2000, and signed in authentication of its passage this day of , 2000. G� lrA- 'fv1XYOR DAVID GOSSETT ATTEST: CITY CLERK \\MOUNTLAKE TERRACE\ADMIN\SHARE\staff reports\Council\Ballinger PS RESOLUTION No..doc W:\WPDOC\ORD\Ballinger PS RESOLUTION No..doc .-OGDEN UIRYPHY CE P.L.L.C. ATTORNEYS AT LAW MEMORANDUM DATE: November 16, 2000 TO: Sandy Chase, City Clerk City of Edmonds Mavis Fey, City Clerk City of Mountlake Terrace FROM: W. Scott Snyder RECEIVED NOV 2 0 2000 EDMONDS CITY CLERK RE: Consolidation Annexation - Lift Station Site If the paper attached to this memo were laid on the floor side by side, it would be very near to the square footage of the piece of property that we are about to transfer. I apologize for the paperwork, it is required by RCW 35.10.217. Enclosed are copies of three resolutions. The first resolution is designed to be adopted by the City of Mountlake Terrace indicating its desire to have a portion of Mountlake Terrace - the former lift station site located in Edmonds - transferred to the City of Edmonds now that it is no longer in use. An interlocal agreement between the parties provided for its transfer when it was taken out of service. The interlocal also provided for deeding the pump station site to the City of Edmonds. Accordingly, the first resolution: 1. Initiates a consolidation annexation pursuant to RCW 35.10.217(2); 2. Authorizes transmittal of a certified copy of the resolution to the Snohomish County Boundary Review Board; 3. Authorizes the Mayor, or Mayor's designee, to execute a Quit Claim Deed transferring the site to the City of Edmonds upon Boundary Review Board approval (Mr. Schrag has an original Quit Claim Deed); and 4. Authorizing transmittal of certified copy of the resolution to the City Clerk of the City of Edmonds. Established 1902 A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206.4477000 • Fax: 206.4470215 • Web: www.omwlow.com f W SS45 5438. DOC;1 /00006.180007/ f Sandy Chase, City Clerk City of Edmonds Mavis Fey, City Clerk City of Mountlake Terrace November 16, 2000 Page 2 Two more resolutions are attached for the City of Edmonds. The second sets a public hearing. The third is designed for adoption following the public hearing. At the Edmonds end, a notice under LID format procedures will need to be sent to the property owners informing them of a protest. Because Mountlake Terrace is initiating this matter, and to speed things up, I have included a waiver of that notice in the Mountlake Terrace resolution but suggest that we send a certified copy, just in case. Accordingly, the Edmonds resolution, after the WHERAS clauses which are similar to those of the Mountlake Terrace resolution, provides for: A. Notification of approval by the Boundary Review Board ("BRB") has been received; B. Mountlake Terrace, the sole owner of the property located within the area to be consolidated to the City of Edmonds, has waived notice of public hearing; C. Providing the resolution would become effective thirty (30) days after the adoption of the third resolution; D. A third resolution is included to set the hearing date. The date can be set only after action by the BRB. When the thirty days have passed after the public hearing, Sandy, a certified copy of the resolution should be forwarded to the Snohomish County Auditor for filing, a copy sent to the Boundary Review Board and a copy sent to Mountlake Terrace. Please certify each of the copies. This is an unusual process, and if you have any questions, either I or Mr. Schrag would be happy to answer them. { WSS455438.DOC;1/00006.180007/} DEN ff RPHY U ACE P. L. L. C. ATTORNEYS AT LAW W. Scott Snyder ssnyder@omwlaw.com November 16, 2000 Greg Schrag, City Attorney 21907 - 64th Avenue West, Suite 370 Mountlake Terrance, WA 98043 Re: Pumping Station Site Dear Greg: Enclosed please find all of the documentation necessary to transfer the pump station site from Mountlake Terrace to the City of Edmonds by means of the Quit Claim Deed previously forwarded to you, and through the consolidation method of annexation. The forms which I enclose are based on RCW 35.10.217. I have also included directions to the City Clerks in Edmonds and Mountlake Terrace. If, after reviewing these materials and the checklist, you think there is a better way to do this, or I have missed something, please give me a call. This is the first time I have had occasion to use this rather obscure provision of state statute. Basically, the process which I have set up are based upon the following actions: A. Adoption of a resolution by the City of Mountlake Terrace indicating its desire to have the site annexed by Edmonds, authorizing transmittal of the certified copy of the resolution to the City Clerk of Edmonds, and approving authorization of execution of the Quit Claim Deed and its filing. B. Mountlake Terrace City Clerk needs to send a certified copy of the resolution to the Boundary Review Board. Edmonds can't adopt its resolution until the Boundary Review Board has approved or passed on the opportunity to consider the annexation. I have inserted a detailed description of the situation in the resolution. C. When the certified copy of the resolution is received by Edmonds, the second resolution in the packet would be adopted by the City of Edmonds. The statute establishes a protest for "owners of property" within the area - that is the City of Mountlake Terrace. Accordingly, you will notice that Resolution A includes a statement that the City has initiated this process, as the owner of the property adopted and, therefore, waives Notice of Hearing as required pursuant to RCW 35.10.217(2). passed. D. Once the Boundary Review Board has acted, the Edmonds resolution can be Established 1902 A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 - 206 4477000 • Fax: 206.447.0215 • Web: www.omwlcw.com Greg Schrag, City Attorney November.16, 2000 Page 2 Again, I would appreciate any questions or comments you may have. If I have the format wrong for Mountlake Terrace's resolutions, please feel free to reformat it. I look forward to talking with you if you have any questions or comments. Very truly yours, OGD!FN MURPHY WALLACE, P.L.L.C. J W. Scott Snyder WSS/amg Enclosure cc: Stephen Koho, City of Edmonds, Manager Wastewater Treatment Plant Sandy Chase, City of Edmonds, City Clerk Tom Miller, City of Edmonds, Council President Gary Haakenson, City of Edmonds, Mayor { WSS455427.DOC;1 /00006.180007/)