Ord 97-302
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ORDINANCE NO. 97-302
AN ORD:INANCB OJ' THB C:ITY COUNC:IL OJ' THB CI:TY OJ'
I'EDERAL WAY, WASH:INGTON, RELATING TO AND PROVIDING
I'OR THE ASSUMPTION 01' JURISDICTION 01' THB ASSETS,
:INDEBTEDNESS, J'AC:ILI:TI:ES AND OPERATI:ONS OJ'
LAltEHAVEN UTIL:ITY D:ISTRICT, A MUNICJ:PAL
CORPORATION, PROVIDING I'OR THE DISSOLUTION OJ' THB
LAltEHAVEN UTI:LI:TY D:ISTRI:CT, PROVID:ING J'OR J'UTURB
CREAT:ION OJ' A WATER AND SEWER UTIL:ITY BOARD,
PROVIDING THAT NO WATER OR SEWER UTILITY TAX SHALL
BE IMPOSED ON NON-CITY RESIDENTS, TO THE EXTENT
AUTHOR:IZED BY LAW, AND PROVID:ING THAT NO WATER OR
SEWER UT:IL:ITY TAX SHALL BE IMPOSED ON C:ITY
RESIDENTS W:ITHOUT A MAJOR:ITY VOTE 01' SUCH
RESIDENTS, TO THE EXTENT AUTHORIZED BY LAW.
A.
The City of Federal way ("city") is a non-charter
code city organized and existing under the laws of the state of
Washington; and
B.
Lakehaven
utility
District
("District")
is
a
municipal corporation of the state of Washington formed as a result
of the statutory merger on September 26, 1985 of the Lakehaven
Sewer District, a special purpose sewer district operating under
and' pursuant to RCW Chapter 56, and the former King County Water
District No. 124, a special purpose water district operating under
and pursuant to RCW Chapter 57.
Subsequent to the creation of the
District, a portion of the former King County Water District No. 56
was merged into and became a part of the District,
effective
November 13, 1987.
The District operates pursuant to RCW 57.08;
and
C.
Pursuant to RCW 57.16.010 and .015, the District
must maintain a general comprehensive plan, consistent with RCW
36.70A.110, providing for a water and sewer system suitable and
ORD #97-302, PAGE 1
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adequate for the District's present and reasonably foreseeable
future need.
The District may not order any improvements to its
systems nor make any expenditures on system improvements until its
revised comprehensive plan is in place; and
D.
Pursuant to RCW 57.08.081 the District must fix
rates and charges for furnishing sewer and water services to
produce
revenues
sufficient
to
take
care
of
the
costs
of
maintenance and operation, revenue bond and warrant interest and
principal
amortization
requirements,
and
all
other
charges
necessary for efficient and proper operation of the District's
sewer system; and
E.
Beginning in August,
1997, the Federal Way city
council's Land Use and Transportation Committee and the Federal Way
city Council held a series of cooperative, joint meetings with
District commissioners, staff, and consultants to discuss water and
sewer service delivery issues such as system maintenance, capital
improvement needs, and water resource availability, and to allow
for public comment on these issues; and
F.
As a result of this review, it is apparent that the
District has not met its statutory obligations, as evidenced by,
among other things, the following:
( 1)
The District's last comprehensive water plan was
prepared in 1991, but King County refused to approve it until
the District revised the plan to address crucial water supply
and
water
treatment
issues.
Although
the
District
is
prohibited by law from undertaking any system improvements
ORD #97-302, PAGE 2
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unless they are described in an approved comprehensive water
plan, the District has failed to update its plan over the last
six (6) years and does not anticipate completing revision of
its comprehensive water plan until 1998.
(2)
The District is unable at present to complete the
plan revisions, because it has failed to complete negotiations
with the city of Auburn to secure additional, necessary water
supplies through an intertie with Auburn.
The District is
also unable to complete the plan revisions because it has
failed to complete negotiations with the city of Tacoma
concerning participation in construction and the receipt of
water from the Second Supply Pipeline
(formerly known as
"Pipeline 5").
The result of these failurås means that the
District
will
experience
a
shortfall
of
"firm"
(Le. ,
guaranteed, non-interruptible) water supply by the year 2001.
(3)
The District has failed to undertake fiscal planning
to provide for participation in the Auburn intertie agreement
and the Second supply Pipeline. While the District has stated
that latecomer fees will pay for the Second Supply Pipeline,
its own projections and budgets for latecomer fees indicate
that
such
fees
will
be
insufficient
to
pay
for
the
currently-projected Pipeline costs.
(4)
The District has also failed to undertake fiscal
planning
to
pay
for
capital
upgrades
necessary
to meet
forthcoming
federal
drinking
water
disinfection
and
(chlorination) and corrosion control requirements, or to pay
ORD #97-302, PAGE 3
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for removal of iron and manganese precipitants that will
result from chlorination.
For example, although the District
has projected the cost for these activities at $22 million,
the District has acknowledged that it has not bud~eted for
these costs nor
included them in the District I s
10-year
capital improvement plan.
(5)
The
District's
failure
to
proceed
with
its
comprehensive water plan revisions has other ramifications.
For instance, the District has acknowledged that it is unable
to determine whether it has adequate storage capacity/tanks in
all pressure zones to meet fire flows, or whether distribution
systems are adequate in all areas to keep water pressures
above 30 pounds per square in summer and during fire flows.
(6)
The District's most recent comprehensive sewer plan
was prepared fifteen (15) years ago.
Because the plan has not
been updated, the District has stated that it does not know
either the timetable or costs for capacity upgrades at the
Lakota and Redondo Sewage Treatment Plants ("STPs").
(7)
The District has deferred key maintenance items.
For example, the District has failed to regularly replace the
asbestos-concrete pipes used as water mains.
Under the
replacement schedule that the District has followed to date,
it would take 155 years to replace pipes which are estimated
to have a useful life of about 35-40 years. The District has
also failed to maintain its sewer mains and lines, resulting
in excessive infiltration and inflow ("I&I") of ground and
ORD #97-302, PAGE 4
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surface water into the sewer lines.
This excessive I&I in
turn causes high flow rates during storm events, which result
in higher operating costs at the treatment plants.
The
District
acknowledges
that,
each
year,
the
Red.ondo
STP
experiences one or two federal National Pollutant Discharge
Elimination System ("NPDES") permit violations attributable to
excessive inflow and infiltration.
Although I&I removal
programs are common in most sewer utilities, the District has
yet to formulate or implement such a plan.
(8)
The District has artificially depressed sewer and
water rates,
below a level necessary to pay for capital
improvements, operation and maintenance costs.
In addition to
causing deferral of key maintenance items, 'some of which are
detailed above,
the District now projects a 20.32% rate
increase between 1997 and 2005.
The District has acknowledged
that this substantial rate increase will not cover necessary
items such as participation in the Second Supply Pipeline,
drinking water chlorination, iron and manganese removal at a
majority of the District's wellheads, and future emergency
power generation needs; and
G.
Assumption by the City of the District's facilities
and responsibilities will enable the City to complete the necessary
comprehensive water and sewer plans,
enter into agreements to
secure a long-term, firm supply of water, and address the critical
water and sewer system maintenance issues described above; and
ORD #97-302, PAGE 5
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H.
The city has a more favorable bond rating than the
District, which may allow it to finance capital projects (such as
participation in the Second Supply Pipeline project) or refinance
existing District indebtedness, at a rate more favorab¡e to the
ratepayers than could be obtained by the District; and
I.
The City of Federal Way SEPA Responsible Official
determined in 1992 and in 1993 that assumption and dissolution of
the District is categorically exempt from the State Environmental
Policy Act, RCW 43.21C ("SEPA"), and that, even if assumption and
dissolution were
now
subject
to
SEPA review,
assumption
and
dissolution
would
not
have
a
probable,
significant
adverse
environmental impact requiring preparation of an Environmental
Impact statement; and
J.
The city of Federal Way SEPA Responsible Official's
determination was upheld by the Federal Way Hearing Examiner; and
K.
The City of Federal Way SEPA Responsible Official
determined in October, 1997 that no additional review pursuant to
SEPA is required; and
L.
73.04%
of
the
assessed
valuation
of
the
real
property lying within such District is within the limits of the
city; and
M.
60.36% of the total area of the District is included
within the limits of the city; and
N.
The city has entered into Interlocal Agreements with
all surrounding municipalities regarding potential annexation areas
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("PAA") as provided for by the Washington state Growth Management
Act and King County Countywide Planning Policies.
o.
The City will enter
into
additional
Interlocal
Agreements with
such surrounding municipalities
regaz:ding the
assumption of the District which will provide that upon annexation
and
to
the
extent
feasible,
each
City
will
eventually
be
responsible for providing urban services, including water and sewer
services, to its PAA.
P.
The City Council supports the policy of the Growth
Management Act, as set forth in RCW 36.70A.110(4) and King County
Countywide Planning Policy FW-13, that "cities are the units of
local government most appropriate to provide urban governmental
services" such as water and sewer service, and" that, over time,
"cities should assume local urban services provided by special
purpose districts."
Q.
At a regular city Council meeting on September 16,
1997,
the City Council held a public hearing on the foregoing
issues, including assumption, and considered all public testimony;
and
R.
In light of the foregoing and the testimony received
at the public hearing, the city Council on September 16, 1997, and
as authorized by RCW 35.13A and applicable law, determined it to be
in the best interests of its citizens to assume, add to, maintain
and operate waterworks and sewer facilities, within or without the
city
limits,
for
the
purpose
of
guaranteeing
the
City,
its
citizens, the inhabitants of the City's potential annexation area,
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and any other persons, with an ample supply of water and sewer
facilities
for
all
purposes,
public
and
private,
into
the
foreseeable future; and
s.
For the same reasons, the city also determ~ned it to
be in the best interests to assume control over the regulation and
control of the use, distribution and price of water and service;
and
T.
The city shall accomplish the foregoing by the
assumption of the facilities of all the existing systems owned or
operated by the District (with the exception of some facilities
located within the boundaries of other municipalities),
and by
assumption and dissolution of the District; and
u.
At the September 16, 1997 Council meeting, the city
council directed the city Attorney to prepare this Ordinance
providing for the assumption and dissolution of the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS:
section 1.
Definition.
The word "District" used in this
Ordinance shall mean the Lakehaven utility District, a municipal
corporation, organized and existing under the laws of the State of
Washington, having jurisdiction and powers, as authorized by law,
in that certain geographical area legally described as follows:
See Appendix "A" for legal description.
section 2.
Assumption.
Pursuant to and in accordance
with RCW 35.13A.030 the City of Federal Way does hereby assume
jurisdiction of all real and personal property, franchises, rights,
ORD #97-302, PAGE 8
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assets, taxes levied but not collected for the District for other
than indebtedness, water lines, sewer lines, treatment plants and
all other facilities and equipment of the District and all of these
properties shall become the property of the City of Fe~eral Way
subject to all financial, statutory, or contractual obligations of
the District for the security or performance of which such property
may have been pledged.
section 3.
~.
In addition to its other powers, the
city of Federal Way shall have the power to manage,
control,
maintain and operate such property, facilities and equipment and to
fix and collect service and other charges from owners and occupants
of properties so served by the city,
subject,
however,
to any
outstanding indebtedness, bonded or otherwise,. of the District
payable from taxes, assessments or revenues of any kind or nature
and to any other contractual obligations of the District.
section 4.
Assumntion of District Indebtedness.
The
city
shall
assume
the
obligation
of
paying
such
District
indebtedness and of levying and of collecting or causing to be
collected such District taxes, assessments and utility rates and
charges of any kind or nature to pay and secure the payment of such
indebtedness,
according to all of the terms,
conditions,
and
covenants
incident to such indebtedness and shall assume and
perform
all
other
outstanding contractual
obligations
of
the
District in accordance with all of its terms,
conditions and
covenants.
No such assumption shall be deemed to impair the
obligation of any indebtedness or other contractual obligation
ORD #97-302, PAGE 9
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entered into after August 9, 1971.
During the period until the
outstanding indebtedness of the District has been discharged, the
territory of the District and the owners and occupants of property
therein shall continue to be liable for its and their propprtionate
share of such indebtedness, including any outstanding assessments
levied within any local improvement district or utility local
improvement district thereof.
The City shall assume the obligation
of causing the payment of such indebtedness, collecting such taxes,
assessments and charges and observing and performing the other
District contractual obligations.
The Federal Way City Council
shall act as the officers of the District for the purpose of
certifying the
amount
of
any property tax to be
levied
and
collected therein,
and causing service and other charges and
assessments
to be collected
from such property or owners
or
occupants thereof, enforcing such collection and performing all
other acts necessary to insure performance of the District's
contractual obligations in the same manner and by the same means as
if the territory of the District had not been included within the
boundaries of a city.
section 5.
Assumption of District Revenues.
Upon the
city's assumption of the obligation of paying the outstanding
indebtedness, and if property taxes or assessments have been levied
and service and other charges have accrued for such purpose but
have not been collected by the District prior to such assumption,
the same when collected shall belong and be paid to the City and be
used
by
such
City
so
far
as
necessary
for
payment
of
the
ORD #97-302, PAGE 10
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indebtedness of the District existing and unpaid on the date the
city elects to assume the indebtedness.
Any funds received by the
city which have been collected for the purpose of paying any bonded
or other indebtedness of the District,
shall be used. for the
purpose for which they were collected and for no other purpose.
Any outstanding indebtedness shall be paid as provided in the bond
covenants.
All funds of the District on deposit with the county
treasurer at the time of title transfer shall be used by the city
solely for the benefit of the utility and shall not be transferred
to or used for the benefit of the City's general fund.
Section 6.
Dissolution.
Pursuant to RCW 35.13A.080 and
RCW 36.93.090(1)(c), the City of Federal Way does hereby elect to
dissolve
the
Lakehaven
Utility
District
and;
to
the
extent
necessary to supplement section 2 above, transfer all real and
personal property, franchises, rights, assets, water lines, sewer
lines, treatment plants and all other facilities and equipment of
the District to the City of Federal Way.
section
7.
Water
and
Sewer
utility
Board.
Upon
assumption pursuant to section 2 above, the City Council shall
establish, by Council Resolution, a Water and Sewer utility Board,
the purpose of which will be to advise and make recommendations to
the Council on all issues relating to the capital improvements,
maintenance and operation of the sewer and water utility.
The
nine-member
Board shall consist of six (6) members residing within
the
City
limits
and three
(3)
members
residing
in the
area
currently served by the District located outside the City limits.
ORD #97-302, PAGE 11
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The membership allocation of the Board shall be reviewed by the
Council following any annexation action by the city.
Section
8.
Utilitv Tax
Prohibition
on
Non-Cit;y
Residents and Reqpiring Vote of Residents.
8.1
Non-citv Residents.
Upon assumption pursuant to
section 2 above, the City Council affirms that there shall be no
sewer and water utility tax or surcharge imposed by the City based
solely on that portion of the gross receipts of the operation of a
water and sewer utility attributable to non-residents of the city
currently
residing
within
the
District
boundaries.
This
restriction on the city's taxation authority shall be included as
a condition of the City's assumption of the District, to the extent
authorized by law.
8.2
Residents.
Upon assumption pursuant to section 2
above, the city Council affirms that there shall be no sewer and
water utility tax or surcharge imposed by the city on the gross
receipts of the operation of a water and sewer utility attributable
to residents of the city without a majority vote of such residents.
This restriction on the City's taxation authority shall be included
as a condition of the City's assumption of the District, to the
extent authorized by law.
section 9.
Boundary Review Board.
Upon the effective
date
of
this
ordinance,
the
city
Attorney
is
directed
to
immediately file with the Boundary Review Boards ("BREs") of King
and pierce County the appropriate documentation pursuant to RCW
36.93 as necessary to fulfill the intention of the City to assume
ORD #97-302, PAGE 12
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the entire assets, indebtedness, facilities, control and operation
of the District and to dissolve the District.
This direction
includes, but is not limited to, the direction to file with the
BRBs a Notice of Intention to Assume and Dissolve the Dist~ict, and
to file a Petition for Dissolution of the District in King and/or
pierce County Superior Court.
section 10.
Assumntion and Dissolution - Effective Date.
The effective date of the assumption of the District,
and of
dissolution of the District, both as provided herein, shall be the
filing date of a favorable written decision by the BRBs,
or
forty-five (45) days following the filing date of the Notice of
Intention
if
no request
for review
is
filed with
the
BRBs;
provided,
however,
that
in
the
event
that
a
Petition
for
Dissolution is filed with King and/or pierce County Superior Court,
the effective date of the assumption and dissolution shall be as
set out in the court order dissolving the District.
section 11.
Interlocal Agreements.
The city Attorney is
directed to prepare Interlocal Agreements to be entered into
between the City and its neighboring jurisdictions which shall
provide that the City will honor any existing Interlocal Agreements
between such jurisdictions and the District,
and which shall
further provide, to the extent feasible, practical and consistent
with the Washington State Growth Management Act, that the City
shall own, operate and maintain all District capital facilities
located within the city's existing corporate boundaries and that
the City shall own,
operate and maintain all District capital
ORD #97-302, PAGE 13
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facilities located within its potential annexation area ("PAA").
The Interlocals shall also provide that, upon annexation and to the
extent feasible and practical, the neighboring jurisdiction shall
own, operate and maintain all District capital facilities located
within such jurisdiction's PAA.
section 12.
Water Supply.
Upon the effective date of
assumption, the city Manager and staff are directed to take all
steps
necessary,
in the manner provided by
law,
to
conclude
negotiations with the City of Tacoma, the City of Auburn, or any
other entity in order to secure a firm, permanent water supply, at
a reasonable rate, sufficient to meet the needs of the City of
Federal Way as planned for in the city's Growth Management Act
Comprehensive Plan.
Such steps may include, but are not limited
to, arranging for City of Federal Way financial participation in
Tacoma's construction and operation of the Second Supply Pipeline,
or arranging City of Federal Way's financial participation in
Auburn's construction and operation of the Auburn intertie.
section 13.
Operation and Maintenance of District's
Water and Sewer Svstem.
From and after the effective date of
assumption,
the
City
shall
maintain
and
operate
all
of
the
facilities of the District's water and sewer system,
whether
located within the City or outside the City,
except as may be
provided otherwise under section 11 above, or except those which
the City Manager or his or her designee determines are unnecessary
to
operation
of
the
overall water
and
sewer
system.
These
facilities include,
but are not limited to,
all trunk lines,
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laterals,
lift stations,
pumping stations,
electronic warning
systems,
sewage
treatment
plants,
water
lines,
water
tanks,
pressure relief valves, and all other facilities and equipment now
or hereafter constructed as necessary to continue to furnish water
and sanitary sewer service.
Further, the City Manager and staff
are directed to take all necessary steps, in the manner provided by
law, to comply with Environmental Protection Agency drinking water
requirements, and to remedy existing maintenance backlogs.
This
may include, but not be limited to,
implementation of drinking
water disinfection, timely replacement of asbestos-concrete water
mains,
institution of a comprehensive infiltration and inflow
removal program, and implementation of water line corrosion control
mechanisms.
section
14.
Severabilitv.
The provisions of this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 15.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 16.
Effective Date.
This Ordinance shall take
effect and be in full force five
(5)
days from and after its
passage, approval and publication, as provided by law.
ORD #97-302, PAGE 15
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PASSED by the City Council of the City of Federal Way
this
2í
day of
~!L-
, 1997.
CITY OF FEDERAL WAY
~~.
MAYOR, MARLON S. PRIEST
ATTEST:
, CMC
APPROVED AS TO FORM:
~,~~
LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 97-302
09-30-97
1O-2l-97
lO-25-97
lO-30-97
K: \LAlŒHAVE\ASSUHPTN.ORO
ORD #97-302, PAGE 16
Appendix "An
LEGAL DESCRIPTION
All of Sections 3,4,5,7, 8,9, 10, 15, 16, 17, 18, 19,20,21,22,27,28,29,32, 33, and 34,
Township 21 North, Range 4 East, W.M., situated in King County, Washington; .
TOGETHER WITH all of Section 13, Township 21 North, Range 3 East, W.M.;
TOGETHER WITH portions of Sections 20, 27, 28, 29, 32, 33, 34, and 35, Township 22
North, Range 4 East, W.M.;
TOGETHER WITH portions of Sections 2, 6, 11, 14, 23, 26, 30, 31, and 35, Township 21
North, Range 4 East, W.M.;
TOGETHER WITH portions of Sections 2 and 3, Township 20 North, Range 4 East, W.M.;
TOGETHER WITH portions of Sections 1, 10, 11, 12, 14, 15, 23, 24, and 25, Township 21
North, Range 3 East, W.M., within King County, Washington;
More particularly described as follows:
Beginning at the intersection of the King County/Pierce County boundary with the Government
Meander Line of Puget Sound in the Southwest 1/4 of Section 10, Township 21 North, Range
3 East, of the Willamette Meridian;
Thence Northeasterly along said Meander Line to the easterly boundary of Dash Point State
Park;
Thence Southerly along said easterly boundary to an angle point therein;
Thence Easterly along said easterly boundary to the westerly margin of 55th AYe. SW, also
being the east line of Government Lot 2 in the Southeast 1/4 of said Section 10;
Thence Southerly along said east line and along the east line of the Southwest 1/4 of the
Southeast 1/4 of said Section 10 to the south line thereof;
Thence Easterly along the south line of said Section 10 to the southerly extension of the easterly
line Dash Point Park Number 2, according to the plat thereof recorded in Volume 86 of Plats,
page 53, Records of King County, Washington;
Thence Northerly along said southerly extension and along said easterly line and along the
northerly extension thereof to the southeasterly margin of Ingram Drive, also known as
Southwest 316th Place, as it existed September 1, 1981, 30 feet in width;
Thence Northeasterly along said southeasterly margin of Ingram Driye to the east line of said
Section 10;
Thence Southerly along said east line of Section 10 to the southwest comer of the Northwest 1/4
of the Southwest 1/4 of Section 11, Township 21 North, Range 3 East, W.M.;
Thence Easterly along the south line of said Northwest 1/4 of the Southwest 1/4 ot Section 11
to the west line of the East 1/2 of said Northwest 1/4 of the Southwest 1/4 of said Section 11;
Thence Northerly along said west line to the centerline of Puget Sound Marine View Drive, also
known as Southwest Dash Point Road;
Thence Easterly and Southeasterly along said centerline to a line which is 60 feet east of and
parallel with the west line of the Northeast 1/4 of the Southwest 1/4 of said Section 11;
Thence Northerly along said parallel line to the east-west centerline of said Section 11;
Thence Easterly along said east-west centerline to the southwesterly comer of Lot 4 of King
County Short Plat No. 675014;
Thence Northerly along the westerly boundary of said short plat to the southwesterly comer of
Dumas Heights, according to the plat thereof recorded in Volume 63 o(PIats, Page 17, Records
of King County, Washington;
Thence Easterly along said southerly line to the east line of the Northwest 1/4 of said SeCtion
11;
Thence Southerly along said east line to the southeast comer of said Northwest 1/4 of
Section 11;
Thence Easterly along the south line of the Northeast 1/4 of said Section 11 to the west line of
Goyemment Lot 1 of said Section 11;
Thence Northerly along said west line to the southerly line of Schade Palisade Beach Estate,
according to the plat thereofrecorded in Volume 68 of Plats, Pages 51 and 52, Records of King
County, Washington;
Thence Westerly along said southerly line to the southwesterly comer thereof;
Thence Northerly along the westerly line of said plat to the line of high tide of Puget Sound;
Thence Northeasterly along said high tide line to the North line of Section 12, Township 21
North, Range 3 East, W.M.;
2
Thence Easterly along said north line to the north-south centerline of Section 1, Township 21
North, Range 3 East, W.M.;
Thence Northerly along said north-south centerline to the Government Meander Line;
Thence Easterly along said Government Meander Line to the Meander Comer on the east line
of said Section 1; .
Thence Northerly along the west line of Section 6, Township 21 North, Range 4 East, W.M.
to the line of Extreme Low Tide of Puget Sound;
Thence Easterly and Northeasterly along said line of Extreme Low Tide of Puget Sound to the
east line of said Section 6;
Thence Southerly along said east line of Section 6 to the Goyernment Meander Line;
Thence Northeasterly and Northerly along said Government Meander Line through said Section
5, and Sections 32 and 29, Township 22 North, Range 4 East, W.M. to the east-west centerline
of Section 29, Township 22 North, Range 4 E, W.M.;
Thence Westerly along said east-west centerline to the westerly line of the Second Class
Tidelands of Puget Sound; .
Thence Northerly along said westerly line of the Second Class Tidelands of Puget Sound to the
westerly extension of a line 480 feet north of and parallel with the south line of Government Lot
2 in said Section 29;
Thence Easterly along said westerly extension to the shoreline of Puget Sound;
Thence Northerly along" said" shoreline fronting Government Lots 2 and 1 of Section 29,
Township 22 North, Range 4 East, W.M. and Goyernment Lot 4 of Section 20, Township 22
North, Range 4 East, W.M. to the north line of said Goyernment Lot 4;
Thence Easterly along said north line to the northeast comer thereof;
Thence Southerly along the east line of said Government Lot 4 to the southeast comer thereof;
Thence continuing Southerly along the east line of the West 1/2 of the Northeast 1/4 of Section
29, Township 22 North, Range 4 East, W.M., to the centerline of South 264th Street;
Thence Easterly along said centerline to the northwesterly extension of the westerly line of Lot
1 of Woodmont Park, Diyision No. I, according to the plat thereof recorded in Volume 25 of
Plats, Page 48, records of King County, Washington;
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Thence Southeasterly along said northwesterly extension to the northwesterly comer of said Lot
1;
Thence Southeasterly and Southerly along the westerly lines of Lots 1, 2, 3, 4, 5, and 6 of said
Woodmont Park, Division No.1, and along the southerly extension of the westerly line of said
Lot 6 to the centerline of South 268th Street;
Thence Easterly along said centerline to the northerly extension of the easterly line of Lot 1 of
Block 39, Woodmont Beach, according to the plat recorded in Volume 22, Page 30, Records
of King County, Washington;
Thence Southerly along said northerly extension and along the easterly lines of Lots 1 through
10, inclusive, of said Block 39 and along the southerly extension of the easterly line of said Lot
10 and along the easterly line of Lots I through 5, inclusiye, of Block 47 of said plat to the
northwesterly comer of Lot 15 of said Block 47;
Thence Easterly along the northerly line of said Lot 15 and along said line extended easterly to
the centerline of 16th Ayenue South;
Thence Southerly along said centerline to the centerline of South 272nd Street;
Thence Easterly along said centerline to the centerline of Pacific Highway South;
Thence Southwesterly along said centerline to the north line of the South 1/2 of the Northwest
1/4 of the Northwest U4 of Section 33, Township 22 North, Range 4 East, W.M.;
Thence Easterly along said north line and the north line of the South 1/2 of the West 1/2 of the
West 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 33 to the northeast comer
thereof;
Thence Southerly along the east line of said subdivision to the north line of the North 1/2 of the
Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 33;
Thence Easterly along said north line to the northeast comer thereof;
Thence Southeasterly to the most westerly comer of Lot 10, unrecorded plat of Redondo
Heights, also being the most westerly comer of Lot 23 of Scarborough Division No.2,
according to the plat thereof recorded in Volume 132, Pages 47 and 48, Records of King
County, Washington;
Thence Northeasterly along the northwesterly line of said Lot 10 and the northwesterly line of
said Scarborough Division No.2 and its northeasterly extension to the centerline of South Star
Lake Road, also known as King County Road No. 1969;
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Thence Northwesterly along the centerline of South Star Lake Road to a line extended
southWesterly at right angles to the northeasterly margin of South Star Lake Road from the most
westerly comer of Lot 2 in the unrecorded plat of Redondo Heights;
Thence North 53 °29'55" East, as measured at right angles to the northeasterly margin of Star
Lake Road, a distance of 30.00 feet to said northeasterly margin and said most westerly comer
of Lot 2;
Thence along the northwesterly line of said Lot 2, North 48°57'14" East, a distance of 743.27
feet;
Thence North 87°36'30" West, a distance of 286.48 feet;
Thence North 48°57'14" East, a distance of 442.29 feet to the southerly margin of South 272nd
Street;
Thence South 87°36'30" East along said southerly margin a distance of 327.80 feet to the west
line of the northeast 1/4 of the northeast 1/4 of said Section 33;
Thence Northerly along said west line to the north line of said Section 33;
Thence South 87°36'30" East along said north line, a distance of 375 feet;
Thence South 2°23'30" West a distance of 50 feet, more or less, to the southerly margin of
said South 272nd Street;
Thence South 87°36'30" East along said southerly margin a distance of 695 feet, more or less,
to an angle point in said southerly margin;
Thence North 2°23'30" East a distance of 100 feet to the northerly margin of said South 272nd .
Street;
Thence Westerly along said northerly margin and westerly, northwesterly and Northerly along
the easterly margin of Primary State Highway No. I, also known as Interstate Highway No.5,
to the north line of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 28,
Township 22 North, Range 4 East, W.M.;
Thence Easterly along said north line to the west line of Section 27, Township 22 North, Range
4 East, W.M.;
Thence Southerly along said west line to the northwest comer of the Southwest 1/4 of the
Southwest 1/4 of said Section 27;
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Thence Easterly along the north line of said subdivision to the east line thereof;
Thence Southerly along said east line to the northwest corner of the South 1/2 of the Southeast
1/4 of the Southwest 1/4 of said Section 27;
Thence Easterly along the north line of said subdivision to the north-south centerline of Section
27;
Thence Southerly along said north-south centerline of Section 27 to the north line of Section 34,
Township 22 North, Range 4 East, W.M.;
Thence Easterly along said north line to the northeast corner of the Northwest 1/4 of the
Northeast 1/4 of said Section 34;
Thence Southerly along the east line 'of said subdivision to the centerline of South Star Lake
Road;
Thence Easterly along said centerline to the west line of the Northwest 1/4 of Section 35,
Township 22 North, Range 4 East, W.M.;
Thence continuing generally Easterly along said centerline to a line 986.60 feet east of and
parallel with the west line of said Northwest 1/4 of Section 35;
Thence Southerly along said parallel line to the north line of the Southwest 1/4 of said Section
35;
Thence Easterly along said north line, to the line common to the Lakehaven Utility District's
Water Service Area Boundary and the Auburn Water Service Area Boundary as of April, 1997
which is approximately 170 feet east of the west line of the east half of said Southwest 1/4 of
Section 35;
Thence Southerly along said common line to the north line of the South 1/2 of the Southeast 1/4
of the Southwest 1/4 of said Section 35;
Thence Easterly along said north line to the east line of the west 1/2 of the Southeast 1/4 of
the Southeast 1/4 of the Southwest 1/4 of Section 35;
Thence Southerly along said east line to a line which is 150 feet northerly of and parallel with
the south line of said Southwest 1/4 of Section 35;
Thence Easterly along said parallel line to the east line of said Southwest 1/4 of Section 35;
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Thence Southerly along said east line and along the west line of the Northeast 1/4 of Section 2,
Township 21 North, Range 4 East, W.M., to a line which is 351.12 feet south of and parallel
with the north line of said Section 2;
Thence Easterly along said parallel line to a line which is 1,108.8 feet west of and parallel with
the east line of said Section 2 said point being the northeasterly corner of Lot 2 of King County
Short Plat No. 781092 as filed under Recording No. 8112210440;
Thence Southerly along said parallel line to a line which is 1,236 feet north of and parallel with
the south line of said Northeast 1/4 of Section 2, said point being an angle point on the City of
Auburn Corporate Limit Boundary;
Thence Easterly along said parallel line toa line which is 778 feet west of and parallel with the
east line of said Northeast 1/4 of Section 2;
Thence Southerly along said parallel line to the northerly margin of Meredith Road (65th Avenue
South, S. 29200 Street);
Thence Easterly along said northerly margin and the easterly extension thereof to the east line
of said Northeast 1/4 of Section 2;
Thence Southerly along said east line to a point lying 1,036.20 feet north of the southeast corner
of said Northeast 1/4 of Section 2;
Thence Westerly and parallel with the south line of said Northeast 1/4 a distance of 1,141.80
feet;
Thence Southerly and parallel with the east line of said Northeast 1/4 to the north line of the
south 835.56 feet of the Southeast 1/4 of the Northeast 1/4 of said Section 2;
Thence Easterly along said north line to the east line of said Section 2;
Thence Southerly along said east line to the northeast corner of the Southeast 1/4 of said Section
2;
Thence continuing Southerly along the east line of Southeast 1/4 to the northeast corner of the
South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 2;
Thence Westerly along the north line of said subdiyision to the east line of the west 130 feet of
said South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4;
Thence Southerly along said east line to the north line of the Southeast 1/4 of the Southeast 1/4
of said Section 2;
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Thence Westerly along said north line to the northeast comer of the Northwest 1/4 of the
SoutheaSt 1/4 of the Southeast 1/4 of said Section 2;
Thence Southerly along the east line of said subdivision to the southeast comer thereof;
Thence Westerly along the south line of said subdivision to the east line of the West 1/2 of the
Southeast 1/4 of said Section 2;
Thence Southerly along said east line to the the north line of Section 11, Township 21 North,
Range 4 East, W.M.;
Thence continuing Southerly along the east line of the Northwest 1/4 of the Northeast 1/4 of said
Section 11 to the southeast comer thereof;
Thence Westerly along the south line of said subdivision to the north-south centerline of said
Section 11;
Thence continuing Westerly along the north line of the Southeast 1/4 of the Northwest 1/4 of
said Section 11 to the northwest comer thereof;
Thence Southerly along the west line of said subdivision to the east-west centerline of said
Section 11;
Thence Easterly along said east-west centerline to the northeast comer of the West 1/2 of the
Southeast 1/4 of said Section 11;
Thence Southerly along the east line of said subdivision to the north line of Section 14,
Township 21 North, Range 4 East, W.M.;
Thence continuing Southerly along the east line of the Northwest 1/4 of the Northeast 1/4 of said
Section 14 to the southeast comer thereof;
Thence Westerly along the north line of the Southwest 1/4 of the Northeast 1/4 of said Section
14 to the northwesterly comer of Lot 1, Hi-Crest, according to the plat thereof recorded in
Volume 59 of Plats, Page 32, Records of King County, Washington;
Thence Southwesterly along the westerly boundary of said plat and Hi-Crest No.2 according
to the plat thereof recorded in Volume 64 of Plats, Page 58, Records of King County,
Washington, to the southwesterly comer of Lot 9 of said Hi-Crest No.2;
Thence Easterly along the southerly line of said Lot 9 and along the easterly projection thereof,
to the westerly line of King County Assessors Parcel No. 57;
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Thence Southerly along said westerly line and the westerly line of King County Assessor's
Parcel No. 56, and the southerly extension thereof, to the centerline of Mt. View Driye;
Thence Southerly and Westerly along the centerline of Mt. View Drive to the east line of the
Southwest 1/4 of said Section 14;
Thence Southerly along said east line to the northerly margin of State Route 18; .
Thence Westerly along said northerly margin to the east line of the West 1/2 of the East 1/2 of
the Southwest 1/4 of said Section 14;
Thence Southerly along said east line to the north line of Section 23, Township 21 North, Range
4 East, W.M.;
Thence Westerly along said north line to the"Rortherly extension of the westerly margin of 58th
Ayenue South, also known as 57th Ayenue South or Pennsylvania Avenue;
Thence Southerly along said westerly margin to the northerly margin of South 344th Street;
Thence Westerly along said northerly margin to the centerline of Grand View Boulevard, also
known as 56th Ayenue South;
Thence Southerly along said centerline to the centerline of Pennsylyania Ayenue, also known
as South 348th Place;
Thence Southerly along the centerlines of said Pennsylvania Avenue, 57th Avenue South, and
56th Place South, to the centerline of Grand View Boulevard;
Thence Southerly along said centerline of Grand View Boulevard, also known as 56th Avenue
South and 57th Ayenue South, to the westerly extension of the northerly line of Lot 24, Block
83, of Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, Pages 12a
through 12f, inclusiye, Records of King County, Washington;
Thence Easterly along said westerly extension and along the northerly line of said Lot 24 to the
northeasterly corner thereof;
Thence Southerly along the easterly lines of Lots 24 through 34, inclusive, of said Block 83, to
the southeasterly corner of said Lot 34;
Thence Westerly along the southerly line of said Lot 34 and the westerly extension thereof to
the centerline of Grand View Bouleyard, also known as 57th Avenue South;
Thence Southerly along said centerline of Grand View Bouleyard to the westerly extension of
the northerly line of Lot 6, Block 146, of said Jovita Heights;
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Thence Easterly along said westerly extension and said northerly line of Lot 6 to the
northeasterly corner of said Lot 6;
Thence Southerly along the easterly lines of Lots 6 through 20, inclusive, to the southeasterly
corner of Lot 20, inclusive, which is also the most northerly corner of Lot 40, Block 146, of
said Joyita Heights;
Thence Southwesterly along the northwesterly line of said Lot 40 to the most westerly comer
of said Lot 40, said corner is on the northerly margin of Ohio Drive, also known as South 364th
Place;
Thence Southerly and Southwesterly along said northerly margin of Ohio Driye, also known as
South 364th Place, and also being the southeasterly lines of Lots 27 through 36, inclusive, in
said Block 146, of said Jovita Heights, to the southwesterly line of said Lot 36;
Thence Southeasterly along the southeasterly extension of said southwesterly line of said Lot 36
to the centerline of Ohio Driye;
Thence Southwesterly along the centerline of Ohio Drive to the southeasterly extension of the
northeasterly line of Lot 39, Block 146, of said Joyita Heights;
Thence Northwesterly along said southeasterly extension to the westerly margin of said Ohio
Drive;
Thence Southerly along said westerly margin to the westerly extension of the northerly line of
Lot 10, Block 145, of said Joyita Heights;
Thence Easterly along said westerly extension and the northerly line of said Lot 10 to the most
easterly corner of Lot 10;
Thence Southwesterly along the southerly line of said Lot 10 and its southwesterly extension to
the westerly margin of Oregon Driye, also known as 55th Place South;
Thence Southeasterly along said westerly margin to an angle point in the northerly line of Lot
16, Block 144 of said Jovita Heights;
Thence Northeasterly across Ohio Driye, also known as 55th Place South, to the most
northwesterly corner of Lot 1, Block 143, of said Joyita Heights;
Thence Northeasterly, Southerly, and Southwesterly, along the northerly and easterly and
southerly lines of said Lot 1, also being the southerly and westerly margins of Oregon Drive,
which is also known as 56th Place South, to the most southerly corner of said Lot 1;
10
Thence continuing Southerly along said westerly margin of Oregon Drive, also being the easterly
line of Lots 2 and 3, BlOOk 143, of said Jovita Heights, to the southerly line of said Lot 3;
Thence Westerly along said southerly line to the easterly line of Lot 4, Block 143, of said Joyita
Heights;
Thence Southerly and Southwesterly along the easterly line of Lots 4 through 13, inclusive, to
the most northerly comer of Lot 26, Block 143, of said Jovita Heights;
Thence Southeasterly along the northeasterly line of Lots 26 through 35, inclusive, to the
northeasterly comer of Lot 35, Block 143, of said Jovita Heights;
Thence along the southeasterly line of said Lot 35, to a point on the northwesterly line of
Lot 36, Block 143, Joyita Heights, which is 250 feet northeasterly of the southwesterly comer
of said Lot 36;
Thence Southeasterly to a point on the southerly line of said Lot 36 which is 250 feet easterly
of the southwesterly comer thereof;
Thence Southerly along a line that is perpendicular to the north line of the South 1/2 of the
Northwest 1/4 of Section 35, Township 21 North, Range 4 East, W.M. to said north line of the
South 1/2;
Thence Easterly along said north line to the northerly extension of a line which is 120 feet
easterly of and parallel with the westerly line of Lot 8, Block 18, of C.D. Hillman's Pacific City
Addition to City of Seattle, Diyision No.1, according to the plat thereof recorded in Volume
13 of Plats, Page 64, Records of King County, Washington;
Thence Southerly along said northerly extension and said para11elline to the southerly line of
said Lot 8;
Thence Westerly along said southerly line to northeasterly comer of Lot 5 of said Block 18;
Thence Southerly along the easterly line of said Lot 5, a distance of 100 feet;
Thence Southwesterly to a point on the easterly line of Lot 4 of said Block 18, which is 150
feet northerly of and parallel with the southerly line of said Lot 4;
Thence Westerly along said parallel line to the westerly line of said Lot 4;
Thence Southerly along said westerly line to the southeasterly comer of Lot 3 of said Block 18;
11
Thence Westerly along the southerly line of said Lot 3 to the northerly extension of the westerly
line of Lot 11, Block 17, of said C. D. Hillman's Pacific City Addition to City of Seattle,
Division No.1;
Thence Southerly along said northerly extension and the westerly line of said Lot 11 to a line
which is 150 feet southerly of and parallel with the northerly line of said Lot 11;
Thence Easterly along said parallel line to the westerly line of Lot 10 of said Block 17;
Thence Southerly along said westerly line to the northwesterly corner of Lot 5 of said Block 17;
Thence Easterly along the northerly line of said Lot 5 to the northeasterly corner thereof;
Thence Southerly along the easterly line of said Lot 5 to the northwesterly corner of Lot 6 of
said Block 17;
Thence Easterly along the northerly line of said Lot 6 to the westerly line of Lot 4 of King
County Short Plat No. 76-PAC-4, filed under Recording No. 7603310589;
Thence Southerly along said westerly line of Lot 4 to the southwesterly corner thereof;
Thence Southerly at right angles to the south line of said Lot 4, a distance of 30 feet to the north
line of the South 1/2 of the Southwest 1/4 of said Section 35;
Thence Westerly along said north line to a point which is 350 feet easterly of the west line of
the East 1/2 of the said Southwest 1/4;
Thence Southerly to a point on the north line of the South 1/2 of the South 1/2 of said Southwest
1/4 which measures 450 feet easterly, as measured along said north line from said west line of
the East 1/2 of the Southwest 1/4;
Thence Southerly to a point on the south line of said Section 35 which measures 600 feet
easterly, as measured along said south line, from the southwest corner of the said East 1/2 of
the Southwest 1/4;
Thence Westerly along said south line of Section 35 to the northerly margin of the Puget Sound
Electric Railway right-of-way (puget Sound Power and Light Company right-of-way);
Thence Southwesterly, Westerly, and Northwesterly along said northerly margin of the Puget
Sound Electric Railway right-of-way (puget Sound Power and Light Company right-of-way) to
the south line of Section 34, Township 21 North, Range 4 East, W.M.;
12
Thence Westerly along said south line and along the south line of Section 33, Township 21
North, Range 4 East, W.M., and along the south line of Section 32, Township 21 North, Range
4 East, W.M., to the southwest comer of said Section 32;
Thence Northerly along the west line of said Section 32 to the southwesterly boundary line of
King County;
Thence Northwesterly along said southwesterly boundary of King County through Sections 31
and 30, Township 21 North, Range 4 East, W.M., and Sections 25, 24, 23, 14 and 10,
Township 21 North, Range 3 East, W.M. to the Point of Beginning.
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