HomeMy WebLinkAbout05212007 Franklin County Revision to City of Pasco Corporate Boundaries ANN 0 7 - 001 1702498
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05/23/2007 04:32P
, PASCO CITY OF POREE 46.00 Franklin Co, A
014
CONFORMED COPY
WHEN RECORDED RETURN TO:
City Clerk
City of Pasco,Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL COOPERATION AGREEMENT
DESIGNATION OF CERTAIN STREETS AND
REVISION TO CITY OF PASCO CORPORATE BOUNDARIES
THIS INTERLOCAL COOPERATION AGREEMENT is entered into this
day of , 2007, between the City of Pasco, Washington, a Municipal
Corporation, herein fter referred to as "City" and Franklin County, Washington, a
Municipal Corporation, hereinafter referred to as "County", pursuant to RCW
35A.21.210 (revision of corporate boundary) and Chapter 39.34 of the Revised Code of
Washington (Interlocal Cooperation Agreement Act).
WHEREAS, there has been significant growth in the City resulting in
annexation of additional territory within City's defined urban growth boundaries; and
WHEREAS, in several cases, the boundaries of such annexations have been a
section line which has ultimately resulted in being either the centerline, or the edge of a
public street, road or highway right-of-way which in some circumstances has resulted in
an inconsistent ownership or jurisdiction over all or a portion of the roadway; and
WHEREAS, the legislature has found that the use of centerlines of public
streets, roads and highways as boundaries has resulted in divided jurisdictions over such
public ways causing inefficiencies and wastes on their construction, improvement and
maintenance and impairing effective law enforcement and has encouraged cities and
counties, by agreement, to revise their existing centerline boundaries to coincide with
right-of-way lines; and
WHEREAS, it has been determined by the City Council of the City of Pasco,
and the Board of County Commissioners of Franklin County, that a revision of the
corporate boundaries of the City of Pasco to comply with the requirements of RCW
35.02.170, and to provide for the orderly operation and maintenance of those affected
streets,roads and highways,NOW, THEREFORE,
Interlocal Agreement
City/County- 1
In consideration of the mutual covenants contained herein, the Parties agree as
follows:
SECTION I
PURPOSE
The purpose of this Agreement is to revise any part of the corporate boundaries
of the City of Pasco, Washington, which coincide with the centerline, edge, or any
portion of a public street, road or highway right-of-way by substituting therefore a right-
of-way line for the same public street, road, or highway so as to fully include or fully
exclude that segment of the public street, road or highway into or from the corporate
limits of the City of Pasco, Washington.
SECTION 11
REVISION OF CORPORATE BOUNDARIES
A) As authorized by RCW 35A.21.210, the corporate boundaries for the
City of Pasco, Washington, shall be revised by Ordinance passed by the City Council of
the City of Pasco, Washington, and the Board of County Commissioners of Franklin
County, Washington, to include within the corporate limits of the City of Pasco,
Washington, the following segments of right-of-way, which segments are more
particularly described on Exhibit A attached hereto and incorporated hereinby this
reference.
B) Those segments of public street, road or highway right-of-way to be
excluded in the corporate limits of the City of Pasco, Washington, are designated as
follows and more particularly described in Exhibit B attached hereto and incorporated
hereinby this reference.
SECTION III
JURISDICTION AND AUTHORITY
Upon the effective date of this Agreement as provided below, the City of Pasco,
Washington, has full jurisdiction and authority concerning the construction,
improvement, maintenance and the enforcement of traffic laws and regulations upon
those public streets, roads and highways included within the City's corporate boundaries
provided above.
Upon the effective date of this Agreement as provided below, Franklin County
shall have full jurisdiction and authority concerning the construction, improvement,
maintenance and the enforcement of traffic laws and regulations upon those public
streets, roads and highways excluded within the corporate boundaries provided above.
lnterlocal Agreement
City/County-2
SECTION IV
EFFECTIVE DATE
This Agreement shall become effective and the revisions of the corporate
boundaries as provided above, shall become effective on the approval by Ordinance of
the City Council of the City of Pasco, Washington, and by Ordinance or Resolution of
the Board of Franklin County Commissioners.
SECTION V
INTERLOCAL COOPERATION ACT PROVISIONS
No special budget or funds are anticipated nor shall be created. It is not
intended that a separate legal entity be established to conduct this cooperative
undertaking, nor is the acquiring, holding, or disposing of real or personal property
anticipated. The City Manager of the City of Pasco, Washington, and the County
Administrator of Franklin County, Washington, shall be designated as the Co-
Administrator of this Interlocal Cooperation Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor, as
required by RCW 39.34.040, and with the City Clerk of the City of Pasco.
SECTION VI
ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the
Parties. No other understanding, verbal or otherwise, in regard to the subject matter of
this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be
in writing and signed by both Parties to be effective.
SECTION VII
APPLICABLE LAW
This Agreement is governed, construed and enforced in accordance with the
laws of the State of Washington. Should any dispute arise concerning the enforcement,
breach, or interpretation of this Agreement, the Parties shall first, prior to initiation of
any action, meet in a good faith attempt to resolve this dispute. In the event arbitration
or litigation is commenced, venue shall be placed in Franklin County, Washington. The
prevailing party shall be entitled to recover reasonable attorney fees in such proceeding,
or any appeal thereof, to be set by the Court, in addition to costs and disbursements as
allowed by law.
Interlocal Agreement
City/County-3
SECTION VIII �- U 0 7 233
AUTHORITY
The City and County warrants and represents that its representatives, whose
signatures are below, possess all required authority to sign this Agreement and such
powers have not, as of the date of this Agreement, been revoked or revised.
IN WITNESS WHEREOF, the parties have executed this Agreement by duly
authorized officers on the day and year first written above.
CITY OF ASCO, WASHINGTON
Ct-
Joycej"11 Mayor
Attest- Approved o Form:
Rl�n D C
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
BOARD OF COUNTY COMMISSIONERS
FRAN IN CO TY, WASHINGTON
Ro Koch, Chair
va J. Cor , Chair Pro-tem.
Rick Miller, Member
Attest: Approved as to Form:
S
0.7
Clerk of ttW Board Ryan E. Verhulp
for Franklin County Chief Civil Deputy Prosecutor
Interlocal Agreement
City/County-4
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasc ington, to be known to be the individual described in and who executed the within
egg rument, and acknowledged that she signed the same as her free and voluntary
uses and purposes therein mentioned.
N Q
my hand and official seal this day of , 200V
v ew
rs, p'l o� NOTARY PU in and for the State of ashington
'ASHIN Residing at: Ct 5C0
My Commission Expires:
STATE OF WASHINGTON )
s s.
County of Franklin }
On this day personally appeared before me ROBERT E. KOCH, Chair of the Franklin
County Board of County Commissioners,to be known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that he signed the same as his
free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of t , 200
Jill II HIIII11II111011111111111PII ffliklillb
Notary Public
State of Washington = N&MCY BLIC in and for the State of Washington
MARY G. WITHERS = Residing at: �
MY COMMISSION EXPIRES _ My Commission E pires: /0
October 29,2008 —
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s s.
County of Franklin }
On this day personally appeared before me NEVA J. CORKRUM, Chair Fro-Tem of
the Franklin County Board of County Commissioners, to be known to be the individual
described in and who executed the within and foregoing instrument, 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 v?/ day of 1#aV , 200Z
..., _; ; :.i : t;141!lis:]tlillilllill❑_
Notary Public
State of Washington NOTARY VUBLIC in and for the State of Washington
['4A'1Y C. WITHERS _ Residing at:
,!Y C �r,l�! sSiCrN EXPIRES My Commission Expires:
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,r 2008
a, a {iI�!lII11111�
Interlocal Agreement
City/County -5
STATE OF WASHINGTON }
ss.
County of Franklin )
On this day personally appeared before me RICK MILLER, Member of the Franklin
County Board of County Commissioners,to be known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that he signed the same as his
free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this_QIL day of , 200/
C�'s9iilllliktllilli lkll3lIIIElltlliiiill1191111❑
Notary Public
State of Washington = NOTARUBLIC in and for the State of Washington
MARY C. WITHERS _ Residing at: ,c,
MY COMMISSION SXPIAS® W
Ootobar 20,2008 My Commission Expires:
ait1111111i1ll IIIIIikH lllllllltl{II11Illllllld
Interlocal Agreement
City/County-6
EXHIBIT A
RIGHT-OF-WAY SEGMENTS TO BE INCLUDE WITHIN THE CORPORATE
LIMITS OF THE CITY
A-1 Road 60 & Sandifur Parkwa Adjustment from the County to City
Beginning at point on the east right-of-way line of Road 60, said point being the intersection
of the east right-of-way line of Road 60 and the northwest corner of Lot 1, Short Plat 95-2;
Thence west along the projection of the north line of the said Lot 1 to the west line of the
northeast quarter of said Section 10, Township 9 North, Range 29; Thence southerly along
the west line of the northeast quarter of said Section 10, to the intersection with the south
line of the northeast quarter of said Section 10, said intersection being the center of said
Section 10; Thence easterly along the south line of the northeast quarter of said Section
10, to the intersection with the southerly projection of the east line of Lot 2, Short Plat 93-
12; Thence northerly along the southerly projection of said Lot 2, to the intersection with
the south line of said Lot 2, said line also being the north right-of-way line of Sandifur
Parkway; Thence westerly along the north right-of-way line of Sandifer Parkway to the
intersection with the east right-of-way line of Road 60. Thence northerly along the east right-
of-way line of Road 60 to the point of beginning; as depicted in the map attached hereto and
labeled Map A-1 &A-2.
A-3 Road 96 Adjustment from the CoEnly to Cit
Beginning at a point on the south line of the FCID canal right-of-way, said point being the
intersection of the south right-of-way line of the FCID canal and the northerly projection of
the centerline of Road 96; Thence southerly along said projection of the centerline Road 96
to the intersection with the westerly projection of the south line of Lot 3, Hills Estates;
Thence easterly along the westerly projection of the south line of Lot 3, Hills Estates to the
southwest corner of Lot 3, Hills Estates, the same being the east right-of-way line of Road
96; Thence northerly along the east right-of-way line of Road 96 to the intersection with the
south line of the FCID canal right-of-way; thence westerly along the south line of the FCID
canal right-of-way to the point of beginning as depicted in the map attached hereto and
labeled Map A-3.
A-4 Harris Road Adjustment from the County to Cit y.
Beginning at a point on the South right-of-way line of Harris Road, said point being
the intersection of the south right-of-way of Harris Road and the south section line of
Section 7, Township 9 North, Range 29 East, Thence westerly along the South right-
of-way line of Harris Road to the intersection with a north/south line bearing south
00 degrees, 19 minutes, 39 seconds located 537.70 feet west of the corner of the
Southeast quarter of Section 12, Township 9 North, Range 30; Thence northerly
along said north/south line to the intersection with the south line of Section 12
Township 9 North, Range 30; Thence easterly along the south line of said Section
12 and continuing easterly along the south line of Section 7, Township 9 North,
Range 29 to the point of beginning, as depicted in the map attached hereto and
labeled Map A-4.
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EXHIBIT B
RIGHT-OF-WAY SEGMENTS TO BE EXCLUDE FROM THE CORPORATE
LIMITS OF THE CITY
13-1Road 96 Adjustment from the City to Count
Beginning at a point on the south line of the FCID canal right-of-way, said
point being the intersection of the south right-of-way line of the FCID canal
with the northerly extension of the center line of Road 96; Thence southerly
along said extension of Road 96 to a point lying 34 feet east of the northeast
corner of Short Plat 83-7, said point being the true point of beginning;
Thence westerly along the projection of the north line of Short Plat 83-7 to
the west right-of-way line of Road 96; thence northerly along the west right-
of-way line of road 92 to the intersection with the westerly projection of the
south line of Lot 3 Plat of Hills Estates; thence easterly along said westerly
projection of Lot 3 Plat of Hills Estates to the center line of Road 96; thence
southerly along the center line of road 92 to the true point of beginning, as
depicted in the map attached hereto and labeled Map B-1.
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r M FRANKLIN COUNTY RESOLUTION NO. '" 0 0 7 N 3 3
BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY,
WASHINGTON
RE: INTERLOCAL COOPERATION AGREEMENT: DESIGNATION OF
CERTAIN STREETS AND REVISION TO CITY OF PASCO CORPORATE
BOUNDARIES
WHEREAS, the City of Pasco has had significant growth resulting in annexation of additional
territory with the City's defined urban growth boundaries; and
WHEREAS, the City of Pasco desires to revise the corporate boundaries of the City to comply
with the requirements of RCW 35.02.170 and to provide for the orderly operation and
maintenance of affected streets, roads and highways; and
WHEREAS, the agreement becomes effective on the approval by Ordinance of the City Council
of the City of Pasco, and by Ordinance or Resolution of the Board of Franklin County
Commissioners; and
WHEREAS, pursuant to R.C.W. 36.01.010 and R.C.W. 36.32.120 the legislative authority of
each county is authorized to enter into contracts on behalf of the County and have the care of
County property and management of County funds and business; and
WHEREAS, the Board of Franklin County Commissioners constitutes the legislative authority
of Franklin County and desires to enter into this arrangement as being in the best interest of
Franklin County;
NOW, THEREFORE,BE IT RESOLVED the Franklin County Board of Commissioners
hereby approves the attached Interlocal Cooperation Agreement: Designation of Certain Streets
and Revision to City of Pasco Corporate Boundaries.
APPROVED this 21st day of May 2007.
BOARD OF COUNTY COMMISSIONERS
FRAN LIN C LINTY, WASHINGTON
Robert E och, Chair
Attest: Ne a J. C u air Pro Tem
Clerk tciAe Board Rick Miller, Member
Originals: Auditor cc: Prosecutor
City of Pasco Public Works Director
Planner
Assessor
JAReso1-20071Agreement-Interlocal City of Pasco Boundaries.doc