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