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HomeMy WebLinkAbout5406 ORDINANCE NO. 5 4 0 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY AND THE BURLINGTON NORTHERN SANTA FE RAILWAY FOR PR 529, 3RD STREET SW GRADE SEPARATION AS PREVIOUSLY APPROVED IN ORDINANCE 5352. WHEREAS, the City of Auburn adopted Ordinance 5352 on March 6, 2000 accepting Burlington Northern Santa Fe Railway (BNSF) Funds as provided in the Construction and Maintenance Agreement between the City of Aubum and BNSF; and WHEREAS, Article I, Paragraph 3 of said agreement addresses the value of the proposed and existing easements necessary from the Burlington Northern Santa Fe Railway; and WHEREAS, the City of Auburn deems it necessary to increase these easement values per negotiations with BNSF by a total of Twenty Four Thousand-Forty Five Dollars and Seventy Five Cents ($24,045.75). THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. To modify the Construction and Maintenance Agreement by increaseing the easement valuation by Twenty Four Thousand- Forty Five Dollars and Seventy Five Cents ($24,045.75). Ordinance 5406 June 8, 2000 Page 1 Section 2. The Mayor and City Clerk are hereby authorized to execute Supplement #1 to the Construction and Maintenance Agreement between the City and the Burlington Northern Santa Fe Railway approving said Supplemental Agreement, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference, the Mayor is also hereby authorized to implement such administrative.procedures as may be necessary to carry out the directives of this legislation. Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. DATED this 19th day of June, 2000. INTRODUCED: June 19, 2000 PASSED: Ju~e 19, 2O00 June 19, 2000 APPROVED: CHARLES A. BOOTH MAYOR Ordinance 5406 June 8, 2000 Page 2 ATTEST: Da~melle~~E.~a~ssk~ City Clerk APPROVED AS TO FORM: Michae: City Attorney PUBLISHED: ~/2- ~/,//~ Ordinance 5406 June 8, 2000 Page 3 SUPPLEMENT #1 CONSTRUCTION AND MAINTENANCE AGREEMENT 3no STREET S.W. OVERHEAD HIGHWAY BRIDGE (MP 21.60) AUBURN, WASHINGTON RAILWAY Contract No. ,6F i JIo ,., File No THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, desire to supplement the agree nt en ered into with CITY OF AUBURN, WASHINGTON, a t difi lement. All prowssons ~n the The changes to the agreement am described as follows: ARTICLE I A~icle I, paragraph 3, sentences I through 7 am amended as follo~: 3. For and in consideration of $86,198.00 H,814.60, less the value of the quitclaim from the Agency, the Railway shall grant to the Agency by separate instrument the following. (a) A Crossing Easement of 11,118 square feet, morn or less, for oveffiead bddge pu~oses over, through, and across the Railway's right-of-way outlined in rod, including access ~ghts and sudace easement dghts for maintenance and construction of the bridge structure as shown on Exhibit "F". (b) A Surface Easement of 1,667 square feet, morn or less, for bddge piles, footings; embankment and roadway as shown on Exhibit "F" colored blue. (c) A Surface Easement of 2,481 square feet, morn or less, for bddge maintenance and constm~ion as shown on Exhibit "F" colored yellow. (d) A Sudace Easement of 1,600 square feet morn or less, for sidewalk and fencing as shown in Exhibit "F" colored in mc;nctc magenta. The Agency shall quitclaim to the Railway the existing easement area of 4, 193 square feet, valu~ at $20,965.00 13,627.25 for the former "at-grade" madway of 3rd Street SW, as shown colored in orange on Exhibit "F" a~ach~. The Agency shall convey the amount of $65,233.00 41,187.25 ($86,198.00 54,814.50 less $20,965.00 13,627.25) to the Railway at such time as the easements have been recorded in King Count. Upon the execution of this Agreement the Agency is hereby granted a right-of-ent~ onto the Railway's pmpe~ as shown on Exhibit "F", a~ached, outlined in green and is authorized to commence construction wo~ br said project subject to requirements of this agreement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below. THE BURLINGTON NORTHERN AND s Ci~ A~omey Mayor Exhibit "A" Ordinance No. 5406