HomeMy WebLinkAbout5414 RESOLUTION NO. 5414
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL LAND TRANSFER
AGREEMENT BETWEEN THE CITY OF AUBURN AND
KING COUNTY FOR THE TRANSFER OF DRAINAGE
FACILITIES, PROPERTIES, AND EASEMENTS AND TO
ACCEPT THE LAND TRANSFER.
WHEREAS, King County owns drainage properties located within the City of
Auburn, those properties serve City of Auburn residents, and the City of Auburn currently
maintains and operates those drainage properties;
WHEREAS, it is in the public's best interest that King County transfer ownership
of the drainage properties and any accompanying access and/or drainage easements to
the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Intergovernmental Land
Transfer Agreement between the City and King County, which agreement will be in
substantial conformity with the agreement attached as Exhibit A.
Section 2. The Mayor is authorized to accept the land transfer and implement
those administrative procedures necessary to carry out the directives of this legislation.
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Resolution No. 5414
March 12, 2019
Page 1 of 2 Rev. 2018
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this \'qday of qv 1, , 2019.
CITY OF AUBURN
ANCY B i IS, MA OR
ATTEST: APPRO • B S TO FORM:
Shawn Campbell, MMC, City Clerk Steven L. Gross, City A ttorney
Resolution No. 5414
March 12, 2019
Page 2 of 2 Rev.2018
INTERGOVERNMENTAL LAND TRANSFER AGREEMENT
BETWEEN KING COUNTY
AND THE CITY OF AUBURN FOR THE TRANSFER
OF DRAINAGE FACILITIES,PROPERTIES,AND EASEMENTS
This Agreement is entered into between the City of Auburn("Auburn" or"City") and
King County (the"County") (collectively,"the Parties"),to transfer from King County to the City
ownership of and responsibility for drainage facilities,properties, and easements.
WHEREAS, Auburn has an established program of services to address the management
of storm and surface water runoff, and
WHEREAS, over several decades the City has annexed areas containing drainage
facilities and properties formerly owned and operated by the County but that have served the
City since they were annexed, and
WHEREAS, the City and the County believe that it is in the best interest of the public
that King County transfer ownership of and/or responsibility for drainage facilities,properties,
and easements located within Auburn boundaries to the City to be managed under its surface
water program, and
WHEREAS, pursuant to RCW 39.33,the Intergovernmental Disposition of Property Act,
the parties are each authorized to enter into an agreement for cooperative action;
NOW THEREFORE,the parties agree as follows:
I. Purpose of the Agreement
The purpose of this Agreement is to set forth the process by which King County will
transfer to Auburn, in perpetuity, all of King County's ownership, maintenance,
operation, and repair rights and obligations for drainage facilities,properties, and
easements within the Auburn city limits.
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H. Administration
A. The Parties shall each appoint a representative to manage activities covered under this
Agreement and to resolve any conflicts that arise ("Administrator") and shall each notify the
other in writing of its designated Administrator. The Administrators shall meet as needed.
Either Administrator may call a meeting with a minimum of ten(10) calendar days' written
notice to the other.
B. Any conflict that is not resolved by the Agreement Administrators within ten(10) working
days of the meeting held to discuss the conflict shall be referred for resolution to the City of
Auburn Director of Public Works or designee, and the King County Water and Land
Resources (WLR) Division Manager. If the conflict cannot be resolved by the City of
Auburn Director of Public Works and the WLR Division Manager, it shall be resolved by
the City Mayor, or designee, and the Director of the King County Department of Natural
Resources (DNR).
III.Responsibilities of the Parties
A. Auburn Responsibilities
1. On the effective date of this Agreement, the City shall assume full and complete
ownership of and responsibility for the operation, maintenance,repairs, and any
subsequent improvements to the drainage facilities and/or properties listed on Exhibit
One and Exhibit Two ("Transferred Facilities/Properties"). Responsibilities include
all financial responsibilities, including but not limited to financial responsibility for
materials, construction, personnel, payroll, and purchasing costs incurred by the City
of Auburn. The parties acknowledge that,prior to the execution of this Agreement,
Auburn assumed operation and maintenance responsibility for the Transferred
Facilities/Properties when the facility or property at issue was annexed.
2. The City shall abide by and enforce all terms, conditions,reservations,restrictions,
and covenants to title.
3. The City will provide the County access to all relevant information that is maintained
by the City in connection with the Transferred Facilities/Properties following transfer
if legal action is brought or threatened against the County or the Parties jointly with
regard to the Transferred Facilities/Properties.
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4. The City will consult with the County before the destruction of any documentation
associated with the Transferred Facilities/Properties for a period of seven(7)years.
5. Except for Environmental Claims,the City accepts the Transferred
Facilities/Properties "as is." The County makes no warranty concerning such
facilities,or properties other than as set forth in this Agreement. The City assumes
full and complete responsibility for all operations, maintenance,repairs, and
improvements for the drainage facilities and properties.
B. King County Responsibilities
1. No later than 90 days after the effective date of this Agreement,the County will
convey to the City by quit-claim deed the County-owned drainage properties listed on
Exhibit Two. A copy of the proposed form of the deed is attached (Exhibit Three).
2. King County assigns to the City the drainage easement filed under recording number
940429-1595 and all other drainage and associated access easements or other
property interests dedicated to King County or the public in the plats and/or short
plats in areas annexed into the City since 1990.
3. No later than 90 days after the.effective date of this Agreement, King County will
provide the City known and available copies of all warranties, maps,titles, "as
bunts," maintenance logs and records,maintenance and performance standards, and
all other records related to the Transferred Facilities/Properties.
4. King County will provide Auburn access to all relevant information that is maintained
by the County in connection with the Transferred Facilities/Properties following
transfer if legal action is brought or threatened against the City of Auburn or the
Parties jointly with regard to the Transferred Facilities/Properties.
C. Both Parties
1. Both parties will make staff available to identify and review any additional County-
owned drainage properties and/or facilities to be conveyed to the City. These facilities
and properties include those located in areas that may be annexed to the City in the
future and those for which the County's facility acceptance process has not yet been
completed. Additional County-owned drainage properties or facilities will be
transferred to the City pursuant to this Agreement upon County approval.
Documentation of additional facilities or properties to be transferred will be
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memorialized by an amendment to this Agreement, pursuant to Section IV.C, The
County agrees to prepare any additional deeds or transfer documents necessary for the
transfer.
2. The records related to matters covered by this Agreement are subject to inspection,
review or audit by either Party at the requesting party's sole expense. The records will
be made available for inspection during regular business hours within a reasonable
time of the request.
IV.General Conditions
A. This Agreement is effective upon the last date signed by the Parties.
B. This Agreement may be amended, altered, or clarified only by written agreement of the
Parties.
C. This Agreement is a complete expression of the agreement between the Parties, and any oral
or written representations or understandings not incorporated in this Agreement are
excluded.
D. Waiver of any default will not be deemed to be a waiver of any subsequent default. Waiver
of breach of any provision of this Agreement will not be deemed to be a waiver of any other
or subsequent breach and will not be construed to be a modification of the terms of the
Agreement unless the parties amend this Agreement.
V. Indemnification and Hold Harmless
A. Regarding the Transferred Facilities/Properties, except for Environmental Claims, as
defined below, King County will indemnify and hold harmless the City and its elected
officials, officers, agents or employees, or any of them, from and against any and all claims,
actions, suits, liability, loss, costs, expenses and damages for injuries to persons or property
damage ("Claims") arising out of the negligent acts or omissions of the County that
occurred before the date those properties were annexed by the City.
B. Regarding the Transferred Facilities/Properties, except for Environmental Claims, the City
will indemnify and hold harmless the County and its elected officials, officers, agents or
employees, or any of them, from and against any and all Claims arising out of the negligent
acts or omissions of the City that occurred after the date the properties were annexed by the
City.
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C. With respect to Environmental Claims relating to the Transferred Facilities/Properties,
nothing in this Agreement is intended to transfer, assign, eliminate, or modify any liability
either Party may have to each other or to any other person, or to waive any statutory
contribution, cost recovery, or other Claim that either Party may have against the other or
against any other person. If the City is notified by the state Department of Ecology,the
Environmental Protection Agency, or other regulatory agency on or after the effective date
of this Agreement about potential liability, remedial action obligations or other
Environmental Claims related to Transferred Facilities/Properties that may implicate or
involve the County, the City will promptly notify the County in writing. If the City chooses
to conduct an independent remedial action, as defined in MICA, for which the City may
seek contribution or cost recovery from the County,the City will provide the County with a
minimum of thirty(30) days advanced written notice prior to incurring any remedial action
costs (including investigation costs) and ninety (90) days advanced written notice prior to
• incurring remedial actions costs for which it may seek reimbursement from the County. For
all other Environmental Claims relating to the Transferred Facilities/Properties, each Party
agrees to provide the other with a minimum of ninety(90) days advanced written notice
prior to asserting an Environmental Claim against the other party. The Parties agree to meet
during this notice period to discuss potential remedial actions and resolution of any Claim.
D. "Environmental Claims"means all Claims arising under any of the following as now or
hereafter amended: the Comprehensive Environmental Response, Compensation and
Liability Act(CERCLA), 42 U.S.C. § 9601 et seq; the Model Toxics Control Act(MTCA),
RCW 70.105D; the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et
seq.; or any other federal, state, or local law, including ordinances,rules and regulations,
that relates to protection of human health and the environment, and that provides for strict
liability'and joint and several liability.
E. For a period of three (3)years following transfer, each Party to this Agreement will notify
the other within ten(10) working days of all claims, actions, losses or damages that arise or
are brought against that Party relating to the Transferred Facilities/Properties.
F. Nothing in Section V. shall supersede or modify any existing agreements between the
Parties.
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VI.Notice
Any notice required to be given under this Agreement will be directed to the Party at the
address below. Notice will be considered effective upon receipt or twenty-four hours
after mailing, whichever is earlier.
King County: City of Auburn:
Department of Natural Resources and Parks Assistant Director of Engineering
Water and Land Resources Division 25 W Main St
201 S. Jackson St., Suite 600 Auburn, WA 98001
Seattle, WA 98104 Attn: Jacob Sweeting
Attn: Josh Baldi, Director Email: JSweeting@auburnwa.gov
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IN WITNESS WHEREOF,the parties hereto executed this Agreement on the of
, 2019.
KING COUNTY CITY OF AUBURN
Dow Constantine, King County Executive ancy B s, Mayor
Approved as to Form: Approved as to Form:
Deputy Prosecuting Attorney f-141-Steve Gross, City Attorney
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Exhibit One
City of Auburn Drainage Facilities
Facility Name ID # Facility Address
1.
Arbor View D92313 114th Ave SE & SE 315th St
2.
Auburn Hills D92428 11030 SE 319th P1
3.
Royal Hills D92500 11200 SE 316th P1
4.
Royal Hills D92501 11226 SE 315th Ct
5.
Summerfield Estates D92439 11240.SE 320th St
6. Canterbury Ridge D91653 11208 SE 313th P1
7' Eagle Run D92359 31502 114th Ave SE
8. Green River Vista D91435 11002 SE 313th St
9' Hidden Valley Vista D91373 32760 111th P1 SE
10. Hillcrest East D90359 11420 SE 322nd PI
11. Hillcrest Estates #3 D91424 32113 112th PI SE
12. Webster Place D92195 31643 110th Ave SE
13. Campus Rim D92537 31666 114th AVE SE
14 Cobble Creek East D91780 30330 104th AVE SE
15. Cobble Creek II D91812 10238 SE 304th PL
16. Glenn Kara D92404 10010 SE 304th PL
17. Hazel Park N/A 11900 SE 304th ST
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Exhibit Two
Drainage Properties To Be Conveyed to the City of Auburn
King County-Owned Drainage Tracts
Tract A, Arbor View, as per plat recorded in Volume 167 of Plats, pages 66
through 68,records of King County, Washington. (Tax Account No.025505-
0170)
Tract A, Auburn Hills, as per plat recorded in Volume 175 of Plats, pages 17
through 20, records of King County, Washington. (Tax Account No. 030310-
0190)
Tracts B & D, Royal Hills, as per plat recorded in Volume 186 of Plats, pages
84 through 88,records of King County, Washington. (Tax Account No.
745740-0500 & 0510)
Tract A, Summerfield Estates, as per plat recorded in Volume 183 of Plats,
pages 48 through 51, records of King County, Washington. (Tax Account No.
807852-0410)
Tract A, Eagle Run, as per plat recorded in Volume 176 of Plats, pages 1
through 3,records of King County, Washington. (Tax Account No. 214128-
0140)
Tract A, Green River Vista, as per plat recorded in Volume 119 of Plats, pages
93 and 94,records of King County, Washington. (Tax Account No. 289240-
0140)
Tract A, Hillcrest East, as per plat recorded in Volume 110 of Plats, pages 82
and 83,records of King County, Washington. (Tax Account No. 332680-0620)
Tract A, Campus Rim, as per plat recorded in Volumn 190 of Plats,pages 41 through 43,
records of King County, Washington. (Tax Account No. 132197-0340)
Tract A, Cobble Creek, as per plat recorded in Volumn 136 of Plats,pages 80 through 82,
records of King County, Washington. (Tax Account No. 165730-0560)
Tract B, Cobble Creek II, as per plat recorded in Volumn 152 of Plats,pages 60 through
64, records of King County, Washington. (Tax Account No. 165731-0210)
Tract A, Glenn Kara, as per plat recorded in Volumn 179 of Plats, pages 91 through 95,
records of King County, Washington. (Tax Account No. 279860-0300)
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Tract B, Hazel Park, as per plat recorded in Volumn 227 of Plats,pages 6 through 8,
records of King County, Washington. (Tax Account No. 319150-0160)
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Exhibit Three
AFTER RECORDING RETURN TO:
City of Auburn
25 W Main St
Auburn, WA 98001
ATTN: Josh Arndt
QUIT CLAIM DEED
GRANTOR—King County,Washington
GRANTEE—City of Auburn,Washington
LEGAL— ( ' ]
TAX NO. — ( ]
The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in
consideration of mutual benefits, conveys and quitclaims to Grantee, CITY OF AUBURN, a State
of Washington municipal corporation, the real property and easements described in EXHIBIT A,
including after acquired title. The City of Auburn's covenants that it shall have full and complete
responsibility for the operation, maintenance, repairs and any subsequent improvements to the
drainage facilities and/or properties listed in EXHIBIT A for drainage purposes in perpetuity, which
covenant is intended to be a running covenant burdening and benefitinh the land of the respective
Parties and Parties' successors and assigns.
GRANTOR—KING COUNTY
BY:
Anthony O. Wright
TITLE: Director,Facilities Management Division
DATE:
Approved as to Form:
BY:
John Briggs, Senior Deputy Prosecuting Attorney
NOTARY BLOCKS APPEAR ON NEXT PAGE
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NOTARY BLOCK FOR KING COUNTY
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of , 2018, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared
ANTHONY O. WRIGHT, to me known to be the Director, Facilities Management Division, and who
executed the foregoing instrument and acknowledged to me that HE was authorized to execute said
instrument on behalf of KING COUNTY for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
Notary Public in and for the
State of Washington,residing
at
City and State
Signature
Printed Name
My appointment expires
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EXHIBIT A
TO QUIT CLAIM DEED
LEGAL DESCRIPTION
•
Tract A, Arbor View, as per plat recorded in Volume 167 of Plats, pages 66 through 68, records of
King County,Washington. (Tax Account No.025505-0170)
Tract A, Auburn Hills, as per plat recorded in Volume 175 of Plats, pages 17 through 20,records of
King County,Washington. (Tax Account No. 030310-0190)
Tracts B&D,Royal Hills,as per plat recorded in Volume 186 of Plats, pages 84 through 88,records
of King County, Washington. (Tax Account No. 745740-0500& 0510)
Tract A, Summerfield Estates, as per plat recorded in Volume 183 of Plats, pages 48 through 51,
records of King County, Washington. (Tax Account No. 807852-0410)
Tract A, Eagle Run,as per plat recorded in Volume 176 of Plats, pages 1 through 3,records of King
County,Washington. (Tax Account No. 214128-0140)
Tract A, Green River Vista, as per plat recorded in Volume 119 of Plats, pages 93 and 94, records
of King County, Washington. (Tax Account No.289240-0140)
Tract A,Hillcrest East,as per plat recorded in Volume 110 of Plats, pages 82 and 83,records of King
County, Washington. (Tax Account No.332680-0620)
Tract A, Campus Rim, as per plat recorded in Volumn 190 of Plats,pages 41 through 43, records
of King County, Washington. (Tax Account No. 132197-0340)
Tract A, Cobble Creek, as per plat recorded in Volumn 136 of Plats,pages 80 through 82, records
of King County, Washington. (Tax Account No. 165730-0560)
Tract B,Cobble Creek II,as per plat recorded in Volumn 152 of Plats,pages 60 through 64,records
of King County, Washington. (Tax Account No. 165731-0210)
Tract A, Glenn Kara,as per plat recorded in Volumn 179 of Plats,pages 91 through 95,records of
King County, Washington. (Tax Account No. 279860-0300)
Tract B, Hazel Park, as per plat recorded in Volumn 227 of Plats, pages 6 through 8, records of
King County, Washington. (Tax Account No. 319150-0160)
•
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