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Home My WebLink About0859 - City of Arlington - Agreement - Future Urban Growth Area RequestsAGREEMENT REGARDING FUTURE URBAN GROWTH AREAS REQUESTS THIS AGREEMENT is made this ~ day of~.T"-C\2""'11""-""B_. __ C ____ , 2013 , by and between the City of Arlington ("Arlington") and the City of Marysville ("Marysville") as follows: WHEREAS, in October, 1996 Marysville, Arlington and Snohomish County Fire Protection District 12 entered into an agreement entitled "Annexation and Service Area Settlement Agreement"; ·and ' WHEREAS, one of the purposes of the Annexation and Service Area Settlement Agreement was to resolve disputes between the parties and to establish a clear basis for planning and cooperation in the future; and WHEREAS, Section D(2) of the Annexation and Service Area Settlement Agreement states in part that "the parties agree that they shall continue to study those areas ... west of I-5 with the idea of agreeing to annexation and planning boundaries for each City"; and WHEREAS, Marysville and Arlington each have interest in defining where future annexations, planning boundaries and service areas will be established in the area generally west of I -5 -for Marysville south of 1841h Street N .E . as extended and for Arlington north of 184th Street N.E. as extended; and WHEREAS, the City of Arlington and City of Marysville each agree that it is in their mutual interest to reach agreements in advance concerning those areas generally west of I-5 north and south of 1 s4th Street NE as extended over which each City may, subject to inclusion in its Urban Growth Area assert planning and future jurisdiction resulting from annexation; NOW, THEREFORE, in consideration of mutual benefits and promises, the parties agree as follows : A. URBAN GROWTH AREAS R EQUESTS 1. The parties agree on the separate urban growth areas (UGAs) as set forth on the map attached hereto as Exhibit l and incorporated herein b y this reference . Each party to this Agreement understands that establis hment of such urban growth areas are subject to W/M-1 2 -087/Urb an G rowth Area Ag re eme nt 03 . 31 5 13 CJRIGU~AL the docket process and final approval by Snohomish County. 2. Arlington will not propose a docket item to Snohomish County for UGA expansion for any area west of I-5 that is south of l 84th Street N.E. as extended and as identified on the attached Exhibit I. Marysville will not propose a docket item to Snohomish County for UGA expansion for any area west ofl-5, that is north of 1841h Street as extended and as identified on the attached Exhibit 1. 3. Marysville agrees not to oppose Arlington's application for docketing and establishment of an urban growth ar~a in the area depicted as Arlington's future UGA on Exhibit 1. Arlington agrees not to oppose Marysville's application for docketing and establishment of an urban growth area in the area depicted as Marysville's future UGA on Exhibit 1. 4. To the extent either City enters into any interlocal agreement with Snohomish County for the purpose of addressing issues relating to future annexations, such agreement shall be consistent with this Agreement. B. ADJUSTMENT OF UTILITY SERVICE AREA BOUNDARIES 1. Each City shall adjust its water, sewer and surface water utility service area boundaries consistent with Exhibit 1 and each City agrees to take such actions as are required under the law to adjust such boundaries so that they are consistent with paragraph A.2 and Exhibit 1 of this agreement. 2. Both Cities shall take all necessary steps to cause the Northern Snohomish County Water Utility Coordinating Committee (WUCC) to amend water service areas defined in the adopted December 2010 North Snohomish County Coordinated Water System Plan (CWSP) to be consistent with this Agreement. Each City shall apply to have its water and sewer comprehensive plan amended consistent with this Agreement. 3. The amendment of each City's utility service areas shall not be construed as prohibition on existing or future agreements for provision of utility service by either City into the service area of the other so long as each City consents in writing to the same. 4. Marysville and Arlington may separately negotiate a purchase and sale agreement at 2 W/M-12-087/Urban Growth Arca Agreement 03. 31513 fair market value for transfer of Marysville's water service and infrastructure located west of I-5 and north of 188th Ave to Arlington, along with all pipes, valves, appurtenances, and easements conveying the water through the I-5 right of way. C. MISCELLANEOUS 1. Except as specifically provided in this Agreement, nothing herein is intended to alter the October 1996 Annexation and Service Area Settlement Agreement. 2. Arlington and Marysville agree to the following procedure for resolving disputes in connection with issues arising under this agreement. Except as specifically provided for elsewhere in this settlement agreement, and except where a mandatory specific dispute resolution process is already established by law, this procedure will begin with good faith negotiations between the jurisdictions, followed by mediation should the jurisdictions reach an impasse, followed by binding arbitration should the jurisdictions r eac h an impasse in mediated negotiations. 3. Nothing contained in this agreement shall be intended to create or otherwise establish any particular class or group of persons or property owners who will or should be especially protected or benefitted b y the terms of this agreement. No provision or term of thi s agreement is intended to limit either City's authority to impose lawful regulations for the provision of services . This agreement s hall not be construed as an admission of any duty to provide municipal services absent compliance with all lawful rules, regulations or ordinances. 4. Severability. Should any clause, phr ase, se ntence or paragraph of the Agreement or it s application to any pai1y or circumstance be declared in va lid or void by a court of competent juri sd iction , the remaining provisions of this Agreement and /or their application to other patties and circumstances, not declared invalid or void, shall remain in full force and effect. DATED this ~day of _·~"'---11-"~1(._· ____ , 2013 . CITY OF MARYSVILLE Jo 3 W/M-12 -087/Urban Growth Area Ag ree ment 0 3. 3 15 13 ATTEST: AT~~~ UJLO~- APPROVED AS TO FORM: APPROVED AS TO FORM: {}~~<£t:£omey 4 W/M-12-08 7/U rb an Growth Arca Agreement 0 3 . 3 15 13 ) -;.-i. *-J .... -111--\ Marysvill e water line approximate location Q ~ \ ---·194T H·ST-NW----' l:t---------2 04TH ·S'f-NE--------~ ~TH-PO NE -w z w ~ ,.,_ en 182Nl'.l ·ST-NE JH9TH ·PL-NE- H 8TH ·PI: NE - Cl 1·76 TH ·Pl:-N E ~==1 t!-z w z H5TH ·PL-NE-~ i ~ a: --0 ~ D.. ~ ~K~W&~~~~1 ------~~---~~~~~r---~r~--------~--f•T--~-----~~nNe ~~~~~---~-~~ 17 1S'f-PL:-Nf:: Exhibit 1 Proposed UGA Exp ansio n Areas Lege nd ~ State Highway ~ State Route ~Streets Q Arlington UGA Expansion CJ Arlington City Limits CJ Ma rysville Ci ty Limits • Arlington UGA • Marysville UGA Arlington Water Service Area Marysville Water Service Area Streams and wat erbodies courtesy of Snohom ish County Dept of Information Systems, De cember 2009. Maps and ~S da1a are distributed ·As~s· wlhout w.nanties of any kind. eithet express or Wnpi ed , incllding but not ifTited 10 wannhs of suitabllitV for 21 par1icutar purpos,e Of ui=e. Map data are co~ from • wriety of sowces which may cont.In •trora ard users who rety upon the Information do so at thek own risk. Osen agree lo indemnify. d efend, and hold harrrjeu f\e Ci'ly of Arif9on for a~ .W al la~ of any nllture arising out of « resu•ng from the llci: of acmracy or cormdnus of tie data. or the use o f Ile data preserted In the rmps. Scale: 1 in = 1,500 fee t Date: 01/14/2013 Fi le: ProposedUGA11X17 _13.mxd Drawn by : kdh D N fMaYOF~ ~==ry===\\::AS~H=l~;G;T;V~N ~ -