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Snohomish County Interlocal Agreement Concerning Annexation of Aurora Marketplace Neighborhood AreaINTERLOCAL AGREEMENT N 0 V 1 5 1994 BETWEEN THE CITY OF EDMONDS AND SNOHOMISH COUNTY CONCERNING ANNEXATION OF THE AURORA MARKETPLACE FLANNW6 DEpT. NEIGHBORHOOD AREA This agreement is made by and between the City of Edmonds and Snohomish County, political subdivisions of the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34. WHEREAS, the City of Edmonds has proposed annexation, by petition method pursuant to Chapter 35A.14 RCW and City Resolution 791 and 792, of the area commonly referred to as the Aurora Marketplace Neighborhood; and WHEREAS, the Aurora Marketplace Neighborhood area, as shown in Exhibit A and described by the legal description in Exhibit B, is entirely within the County's Interim Urban Growth Area (UGA) and the City of Edmonds" proposed Urban Growth Area (UGA); and WHEREAS, the interim annexation policies of the Southwest Cities/Snohomish County Joint Planning interlocal agreement, of which the City of Edmonds was a party set forth a process to discuss and resolve intergovernmental issues related to annexations; and WHEREAS, the City of Edmonds and the County recognize that planning and land use decisions can have extra jurisdictional impacts and that intergovernmental cooperation is an effective manner to deal with impacts and opportunities that transcend inter jurisdictional boundaries; and WHEREAS, there is a need to facilitate the proper transition of services and capital projects from the County to the City; and NOW THEREFORE, in consideration of the terms and conditions contained herein, the City and County agree as follows: Section 1. The City commits to work towards an agreement satisfactory to the City of Edmonds and Fire District No. 1 that will limit and, to the extent possible, prevent negative impact on the Fire District's ability to maintain adequate fire suppression and emergency medical aid services to remaining unincorporated areas and mutual aid agreement area upon annexation of the Aurora Marketplace Neighborhood area. Section 2. The City recognizes that the Aurora Marketplace Neighborhood area lies within either the County's Puget Sound Tributaries or Chase Lake/Lake Ballinger Watershed Management Areas (WMA). Fees are being collected by Snohomish County in these WMAs through real property tax statements. Upon annexation, the City hereby agrees that the County may include those portions of the area annexed by the City that are currently within the Chase Lake/Lake Ballinger and Puget Sound Tributaries WMAs as within those WMAs after the effective date of the annexation, with such boundaries, collection of fees and rates as have been or may be established by the County pursuant to Chapter 25.20 SCC, through the end of 1995. The County will also continue to provide all surface water management services within the annexation area through the end of the year. These services are the same as those provided to other fee payers in the County, including drainage complaint response. Page 1 20 September 94 EXCISE TAX REQUIRED enRrr8u..n00aani KIRKE SHMS, Snohomish (ounly Noma Section 3. The City agrees to utilize the Department of Ecology kDOE) Soormwater Management Manual, or version thereof when adopted by the City, as a guide in recommending various development requirements, design, construction and monitoring techniques related to stormwater management for proposed developments within the Aurora Marketplace Neighborhood annexation area. The City will also make recommendations, based on the DOE manual, for mitigating the effects of proposed development on downstream flooding, water pollution and aquatic habitat. Section 4 For any subsequent annexations occurring within either the Chase Lake/Lake Ballinger or Puget Sound Tributaries Watershed Management Areas (WMAs), the City and County agree that Edmonds will immediately commence the process of adjusting at the time of annexation any interlocal agreements for improvements within either of these WMAs to reflect the changed percentages of the Edmonds area within the WMA. Sggtion 5. The City agrees that the Aurora Marketplace Neighborhood area annexation will include the entire right-of-way of County roads adjacent to the annexation boundary and will assume maintenance of those roads. Section 6. The County shall refer applicants to the City for processing any building and development permit applications for the Aurora Marketplace Neighborhood area on or after the effective date of the annexation except as noted below. As the agent of the City, the County shall continue to process to completion any building or development permits for which it received a fully complete permit application and accompanying fee prior to the effective date of the annexation. In addition, the County shall accept, process, issue, and inspect any associated permits for which it receives an application and accompanying fees through the end of 1995. Associated permits shall be defined as mechanical, plumbing and access related to those projects currently being processed by the County. The County's agreement to continue processing building permit applications is contingent upon the City's adopting the legislative measures listed in Exhibit C to this Agreement for the area described in Exhibits A and B through calendar year 1995. Section 7 The City agrees to honor all pre-existing conditions on permits, mitigation agreements, interlocal agreements, appropriate interjurisdictional studies, and agreed upon standards affecting the Aurora Marketplace Neighborhood area to which the County is a party. The County will provide the City with documentation of pre-existing conditions or standards. The County will assign its rights on bonds for projects within the annexation area. See Exhibit D for a listing of bonded projects within the annexation area. ec ' n 8. Funds from road mitigation payments and/or road and drainage related SEPA mitigation payments received by the County from property in the Aurora Marketplace Neighborhood annexation area which remain unbudgeted or unexpended as of the effective date of the annexation will be transferred to the City within 90 days following the effective date of the annexation. Any such mitigation payments which were imposed by the County prior to the annexation but which remain unpaid on the effective date of the annexation shall be transferred to the City within 90 days of receipt by the County. The amount of road mitigation funds transferred shall be equal to the proportion of annexed roads measured against all roads listed within the Transportation Service Area Road Needs Report. Mitigation funds must have been imposed for impacts on annexed roads which are listed in the Road Needs Report to be considered for transfer. The County will provide documentation of such mitigation funds by defining the time periods for expenditure of the funds under the requirements of RCW 82.02.020 and will assist the City in auditing mitigation payment records. Page 2 20 September 94 EDIIVTERL.DOC\dint Duration and Termination. Except as otherwise specified within a particular section of this interlocal agreement the terms of this interlocal agreement shall remain in effect until September 1, 2004. AGREED to — day ofC� 1994 SNOHOM1SH C U I '� APPROVED AS TO FORM: Page 3 20 September 94 C1T •O�iEI]MQNll P R ED A TO FORM S;� EDWTERL.nocdard v RM= - .. 24_ 22 :] LiMS.]L sr - f • I - 07 Vicinity Map -RS ARM-3 I .4FI RM-24 f I ` qG 1949 .:. 11 I iASL �.. LR R M - �' � 3 r I i • 1 2059 RM�l.S • ST w _ 4= It 1 CIGi ~ o I ACTX SIN I 0 H 0 M t S Hi�J 2 TH ST. S.w K I N GI i7Tr w2o, IN �� F.�C1�18t�"_A 4941028073 3. EXHIBIT "B" LEGAL DESCRIPTION AX-4-91 That portion of Section 31, Township 27 North, Range 4 East, W.M. described as follows: Beginning at the intersection of the westerly right-of-way margin of SR-104 and the northerly right-of-way margin of 240th St. S.W.; thence northwesterly along the westerly right-of-way margin of SR-104 to its intersection with the northerly right-of-way margin of 236th St. S.W.; thence easterly along said northerly right- of-way margin, to its intersection with the westerly right-of-way margin of 88th Ave. W.; thence northerly along said westerly right-of-way margin to its intersection with the northerly right-of-way margin of 233rd PI. S.W.; thence easterly, along said northerly right-of-way margin and its easterly prolongation to its intersection with the easterly right-of-way margin of 84th Ave. W; thence southerly, along said easterly right-of-way margin to its intersection with the northerly right-of-way of 234th St. S.W..; thence easterly along said northerly right-of-way margin to its intersection with the centerline of SR-99, being a point on the existing city limits of Edmonds; thence southerly along said city limits and said centerline to its intersection with the northerly right-of-way margin of 240th St. S.W.; thence westerly along said northerly right-of-way margin to the point of beginning. 4102807 FXMIT C Snohomish County Land Use and Development Codes as follows: A. SCC Title 27, entitled FLOOD HAZARD ; B. ordinance 91-roc, entitled Slxorelin Master Pra ram C. SCC Title 13, entitled ROADS AND BRIDGES, Section 13.01.020, and Chapters 13.10 through 13.70, 13.95, 13.110 and 13.130; D. SCC Title 16, entitled co Chapter 16.04; E. SCC Title 17, entitled BUILDINGS, Chapters 17, 17.04, 17.16, 17. 18 and I 7.40; F. Title 18 SCC, entitled ZONING COD) ; G. Ordinance 8t}-28, entitled ROAD DESIGN STANDARDS AND SPECCF ATIONS; H. SCC Title 23, entitled ENVIRONTNWN`rAL POLTCY; I. SCC Title 24, entitled DRAINAGE' I SCC Title 25, entitled STORM ANDS ACE WATLH. MANAGEMENT; K. Title 26A, SCC, entitled PARKS MITI AT10N• L. Title 26B, SCC, entitled TRAFFIC MITI( ATION; M. Title 26C, SCC, entitled OOLS WTIGAVQN. All applicable state building and construction codes as adopted and amended by Snohomish County, including, but not limited to: a) 1985 Uniform Building Code b) 1988 Uniform Plumbing Code c) 1988 Uniform Mechanical Code d) Washington State Energy Code adopted April 1, 1990. County Council Motion No. 87-028 dated February 18, 1987, Concerning Council Policy to Protect Valuable Wetlands in Snohomish County; County Council Motion No. 87-039 dated May 6, 1987, Aquatic Resource Protection. 441Q2 733 1: 0 ffj9� Bonded projects within the Aurora Marketplace Neighborhood Area: C9102044 COURTYARD SQUARE C9206237 WITTY WINGS C9310374 CIMMERON TOWNHOMES c> r 3 �axa c,r 00 = rr' c- N zi 0 7. � D� Page 1 16 September 94 'T. a ri C" ". C' r° s SENT BY: 9-22-94 ; 14:24 ;OGDEN MLRPHY WALLACE- 206 771 02524 2/ 2 DWAMM lhorf S 9flur Alia qmalficd Within a pamcuiar mcdon of tia IJImdo t the terms Of s inwrlaml went ahA rm uiin in ef% =W SI�fibCr AGRMM to #his day of September 1994 ,'ems 4 M M4 :.�i * o �%1. " APPROVED AS TO FORM; APPROVED AS TO FORM pne 3 20September 94 IMBOUr,Pvr. 09-22-1994 02:21PM 2064470215 P.02 Office of the Mayor CITY OF EDMONDS Laura M. Hall September 26,1994 Danielle Glover Associate Planner Snohomish County Planning Dept. Administration Building 4th Floor MS 604 3000 Rockefeller Avenue Everett, WA 98201 RE: INTERLOCAL AGREEMENT CONCERNING AURORA MARKETPLACE ANNEXATION Dear Ms. Glover: Enclosed are four originals of the Interlocal Agreement between the City of Edmonds and Snohomish County concerning annexation of the Aurora Marketplace neighborhood area, as you requested through Jeff Wilson, our Planning Supervisor. We will await a fully executed signed original from you. Please call if you have any questions, or if I can be of any assistance. Sincerely, Deidre A. McGrath Executive Secretary dm Enclosure (4) c: Community Services Director Planning Supervisor City Clerk • Incorporated August 11, 1890 • 505 Bell Street • Edmonds, WA 98020 • (206) 775-2525 • Fax (206) 771-0221 CITY OF EDMONDS CIVIC CENTER • EDMONDS. WA 98020 • (206) 775-2525 .8 90 - 191)- TELECOPIER COVER PAGE TO: Scott Snyder DATE TRANSMITTED: 9/12 94 Ogden, Murphy & Wallace NUMBER OF PAGES: 4 (Including cover page.) Recipients Telecopier No: 447-0215 FROM: Sandy Chase Deputy City Clerk Senders Telecopier No.: LAURA M. HALL MAYOR FACSIMILE EQUIPMENT: Automatic/Group II (2, 3 mins.) If there are any problems during transmission or documents are received incomplete, please call and ask for: 206-771-0252 Comments: RE: Interlocal Agreement Regarding Aurora Marketplace Annexation This was approved by the Council on 9/6/94. It was faxed to Paul Mar today b County and needs to go to the Boundary Review Board meeting tomorrow (9/13) night. Paul Mar has asked that we take this immediately to John Nordquist for signature. Dee is on her way! Hope this is OK with you! tf I 13 , X -3C9 Qaef- • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan *******-COMM.JOURNAL-*********** DATE 09-12-1994 ****** TIME 04:07PM ** P.1 MODE = TRANSMISSION START=09-12 04:04PM END=09-12 04:06PM NO. COM SPEED NO STATION NAME/ PAGES TELEPHONE NO. 001 OK 1011 S SNYDER 004 -CITY OF EDMONDS/MAYOR - ***************************************C FAX-200 V2.17)* - 206 771 0252- ************