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AG 95-240 ~1~ OF FEDERAL WAY L~W DEPARTMENT '1995 FOR CONTRA=T PREPARATION/DO=UM~NT REVIEW/SIP-NATURE ROUTIN= =LIP ~ONTRACT REVIEW ]NITIA~DATE APPROVED AN AGREEMENT BETWEEN KING COUNTY AND TEE CITIES OF FEDERAL WAY AND KENT RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION THIS IS AN AGREEMENT between King County, a home rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County" and the Cities of Federal Way, a non-charter code city ("Federal Way"), and Kent, a municipal corporation of the State of Washington ("Kent"), hereinafter collectively referred to as the "Cities." · RECITALS:. A. Pursuant to RCW 36.70A. 110(2), the Washington State Growth Management Act of 1990 as amended requires each City within the County to propose the location of an urban growth area, and B. The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6 by the County Council and ratified by Cities within the County, establishes rules for designating City potential .annexation areas within the~ countywide urban growth boundary, and C. Countywide Planning Policy LU~19 states that in collaboration with adjacent counties and cities and King County, and in consultation with residential groups in affected areas, each City shall designate a Potential Annexation Area (PAA), and D. It is in the public interest that the jurisdictions cooperate to designate logical and achievable PAA boundaries; NOW THEREFORE, the County and the Cities hereby agree: 1. PURPOSE. The purpose of this Agreement is to confirm the decision made between the Cities and the County for the identification of PAA boundaries. 2. DEFINITIONS Potential Annexation Area (PAA): The unincorporated urban area adjacent to a City, within which urban growth shall be encouraged and phased, and which is expected to annex to the city. Annexation is expected to occur sometime during the next 20 years at which time the city will provide services and utilities. Potential Annexation Area is another term for a Cities' Urban Growth Area. Page 1 of 6 AN AGREEMENT BETWEEN KING COIINTY AND THE CITIEs OF FEDERAL WAY AND KENT RELATING TO PAA Urban Growth Areas: Areas proposed by the Cities and designated by the County within which urban growth shall be encouraged and phased and outside of which growth can occur only if it is not urban in nature. An Urban Growth Area is another term for Potential Annexation Area. Urban Growth Boundary: The boundary marking the limit between the urban growth areas and. other areas such as rural and resource area where urban growth is not permitted. The boundary shall be designated by the County in consultation with the appropriate Cities, under the recruirement of the Growth Management Act, as amended. 3. PI/BLIC PROCESS. The designation of PAAs in Exhibit A (map and written description) and the corresponding obligations of the County and Cities are of interest to a variety of affected parties, including property owners, area residents, the general public, special service districts and the municipalities. 4. . RELATIONSHIP TO EXISTING LAWS AND STATUTES. This Agreement in no ~ay modifies nor supersedes existing laws and statutes and is consistent with .existing laws and statutes. In meeting the commitments encompassed in this Agreement, all parties will comply with the requirements of the Annexation Statutes, Open Meetincs Act, ' State Environmental Policy Act, Growth Management A~t and Countywide Planning Policies for King County. 5. RESPONSIBILITIES: The County and Cities that are parties to this Agreement shall cooperate in the administration of the following actions related to unincorporated lands within this Acreement as follows: - A. This Agreement shall establish the responsibility for designation of potential annexation areas. (i) The County shall attempt to reach agreement with the Cities on the location of an urban growth area [potential annexation area). If such an agreement is not reached, the County shall justify in writing Page 2 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA why it so designated the area an urban growth area [potential annexation area). [RCW 36.70A.110.(2)) (ii) The County and Cities acknowledge the PAA boundary described in Exhibit A (map and written description). (iii) The Cities will annex territory only within their designated PAAs. (iv) The cities and the County shall conduct a public involvement process that includes workshops, survey, hearings, or other methods in areas within the PAA prior to inclusion of any additional areas within the PAA. 6. FUTURE RESPONSIBILITIES Within one year of the effective date of this Agreement, the County and cities shall create an addendum to this Agreement which shall establish the responsibility for the County and Cities to address lands within the PAA which are not practical to annex at the time of development. The addendum shall specifically address: (i) Definition of appropriate land uses and applicable zoning. (ii) Adoption of minimum development standards. (iii) Establishment of service providers and servioe standards. (iv) Impact mitigation. (v) The timing of annexations within the potential annexation area. 7. AMENDMENTS. Any party's failure to participate in the creation of this addendum shall be deemed as that party's approval of the addendum and waiver of protest as to its content. A. A city which desires to modify the Potential Annexation Area shall contact all other parties to this Agreement to Page 3 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA begin discussions regarding potential annexation area boundary amendments. The County and the cities agree to participate in such discussions when called by another city. Either Party is authorized to call a meeting upon 30 days written notice. B. The proposed modifications shall be supported by written evidence of a significant change in one of the criteria listed in paragraph 6D. below. The Cities and the County shall concur that the substantial change warrants an amendment to the original designated potential annexation area. C. A public process shall be conducted regarding an amendment to a potential annexation area. D. Criteria for Designation of Potential Annexation Areas · Recognition of resident community identification. · Financial and technical ability to provide municipal services. · Creation of logical service areas (vehicular accessibility and utility construction). · Recognition of physical boundaries. Bodies of water Topographical features Watersheds Freeways · Protection of critical/resource areas significant to a particular jurisdiction. Protection for critical areas Opportunities for urban separators · Logical boundaries Elimination of unincorporated islands No overlapping potential annexation areas E. The proposed amended PAA agreement shall be submitted to the respective legislative authorities for approval. 8. DURATION AND TERMINATION This Agreement is effective upon signature of the parties and shall continue in effect from year to year unless terminated by a six month written notice by one party to the others. Page 4 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA 9. SEVERABILITY CLAUSE Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate an~ other provision hereof and such other provisions shall remain in full force and effect. 10. IN-DEMi~IFICATION Each party shall indemnify and hold harmless the other parties and their officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of that's party, its officers, agents and employees, or any of them, in the performance of this Agreement. 11. ADMINISTRATION This Agreement shall be administered by: A. The County Manager of Planning and Community Development Division, or the Manager's designee, and, B. The Federai Way City Manager or the City Manager's designee, and C. The Mayor of Kent or the Mayor's designee. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 1995. KING COUNTY CITY OF FEDERAL WAY King County Executive Da~neth '~~y~nage r Date Page 5 of 6 AN AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF FEDERAL WAY AND KENT RELATING TO PAA Approved as to Form: Approved as to Form: King County Prosecuting Attorney~C~~ney CITY OF KENT Approved as to Form: ~'C~it~Att°rne~ a: annex, doc Page 6 of 6 ¢ EXHIBIT ~ FEDERAL WAY - KENT POTENTIAL ANNEXATION AREA BOUNDARY DESCRIPTION The following is a description of the Potential Annexation Area boundary between the City of Federal Way and the City of Kent. Beginning at the point along the westerly right of way of State Route 99 where it intersects with the southerly right of way of South 272nd Street, then running east along the southerly right of way of South 272nd Street to the point of intersection with the westerly right of way of 55th Avenue South. From: Bob Baker To~ LondiL, EileenR Dates September 29, 1997 (Monday) 3:07 pm Subject: PAA Agreements Hi, Londi I have finally spoken with a representative from King County regarding the Interlocal agreement with Kent, Federal Way and King County (Agreement 95-240). Paul Reitenbach (phone: 205-0701) infoz~ned me he worked directly with Larry Springer on this item. He stated King County did not sign the agreement once it reached them. He said hind sight is 20-20 and they should have signed with some caveats or stipulations attached, but did not. Finally, ha stated King County's intent is to sign the Interlocal agreement after Federal Way resolves "issues" with surrounding cities. Bob Baker CC: ChrisG