HomeMy WebLinkAbout10-18-2004 ITEM VIII-B-5CITY OF
WWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
Date:
Resolution No. 3774
10/05/04
Department:
Attachments: Resolution No. 3774
Budget Impact:
Public Works
and Memorandum of Agreement
$ 0
Administrative Recommendation:
City Council adopt Resolution No. 3774.
Background Summary:
Resolution No. 3774 authorizes the Mayor to execute a Memorandum of Agreement with GSA, relating to
Project No. C326A, 'C' Street SW Improvements.
This Memorandum of Agreement replaces the Agreement authorized by Resolution No. 3752 adopted by
Council on August 2, 2004. The Memorandum of Agreement associated with the previous Resolution
was never executed, as there have been changes to the Agreement language. These changes are
significant and require a new Resolution to authorize the execution of the modified Memorandum of
Agreement with GSA.
This Memorandum of Agreement grants to the City a perpetual easement on 'C' Street SW for a right-of-
way for the construction, operation, repair, and maintenance of a roadway and use of the space above
and below the established grade lines of the pavement for roadway purposes and necessary utilities
normally placed within the right-of-way.
In return for the easement, the City agrees to:
• Reconstruct the C Street SW truck entrance
• Install a new intersection consisting of a signalized traffic light and related ingress and egress road
approximately 1935 feet south of the intersection of 15th Street SW and C Street SW
• Construct modifications necessary to maintain the existing access driveway for the GSA Facility
located approximately 825' south of the intersection with 15th Street SW on 'C' Street SW.
W1018-5
04.9.1 C326A
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board SPublic Works
❑ Human Resources ❑ Police
❑ Planning Comm. ❑ Other
S Legal ® Public Works
Action:
Committee Approval: ❑Yes []No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until _/_/
Tabled Until _/_/_
Councilmember: Wagner Staff: Dowd
Meeting Date: October 18, 2004 1 Item Number: VIII.B.5
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RESOLUTION NO. 3774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF AGREEMENT WITH THE
GENERAL SERVICES ADMINISTRATION RELATING TO
PROJECT NUMBER C326A, `C' STREET SW IMPROVEMENTS
WHEREAS, City of Auburn is completing roadway improvements and widening on
'C' Street SW between Ellingson Road to 15" Street SW; and
WHEREAS, the General Services Administration (GSA) is a federal agency of the
United Sates government and is the owner of property abutting the City's project; and
WHEREAS, the City requires a right-of-way easement on the General Services
Administration property to complete the improvements on 'C' Street SW; and
WHEREAS, the City has agreed to construct a signalized access at the existing
truck entrance for the General Services Administration facilities on 'C' Street SW in
exchange for the required right-of-way easement; and
WHEREAS, the City Council approved Resolution 3752 on August 2, 2004, to
execute a memorandum of agreement with the General Services Administration; and
WHEREAS, the City and GSA have not executed the previously approved
agreement; and
WHEREAS, the current proposed agreement is significantly different from the
previously approved agreement and this Resolution and Agreement are being brought
forward because of these differences.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 3774
October 4, 2004
Page 1
Section 1. The Mayor is hereby authorized to execute a Memorandum of
Agreement with the General Services Administration, in substantial conformity with the
agreement attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2004
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS�OFORM:
r,
Daniel B. Heid;
City Attorney
--------------------------
Resolution No. 3774
October 4, 2004
Page 2
MEMORANDUM OF AGREEMENT
BETWEEN
THE GENERAL SERVICES ADMINISTRATION
AND
THE CITY OF AUBURN, WASHINGTON
This Memorandum of Agreement is between the United States of America, acting by
and through the General Services Administration and the City of Auburn,
Washington, regarding a Right -of -Way easement conveyance for a portion of C
Street SW as follows:
A perpetual easement on C Street SW shall be granted to the City of Auburn
for a right-of-way for the construction, operation, repair and maintenance of a
roadway and use of the space above and below the established grade lines of
the easement area for roadway purposes, including slopes, pedestrian trail,
utilities, such as power (in accordance with City Ordnance 5766, dated June
3, 2003), fiber optics, and storm drainage system, on, over, in, and upon the
easement area.
2. In consideration for the granting of the subject easement, the City of Auburn,
solely at City cost, shall reconstruct the C Street SW truck entrance and
install a signalized traffic light and related ingress and egress road
improvements within the existing City right-of-way and the subject easement
approximately 1935 feet south of the intersection of 15th Street SW and C
Street SW.
NOW, THEREFORE, IN CONSIDERATION of'the foregoing recitals, the parties
hereby agree as follows:
1. The City of Auburn is acquiring rights to construct, operate, repair and
maintain roadway improvements and the use of space above and below the
established grade lines of the easement area for roadway purposes, including
slopes, pedestrian trail, utilities and other drainage facilities as identified in the
attached Exhibit A, Easement.
2. In consideration for the granting of the subject easement, the City of Auburn,
solely at City cost, shall complete the following improvements:
a. Construct modifications necessary to maintain the existing C Street
SW Truck entrance.
b. Construct modifications necessary to maintain the existing access
driveway for the GSA Facility located approximately 825 feet south of
the intersection with 15th Street SW and C Street SW.
c. Install a signalized traffic light and related ingress and egress road
improvements within the existing City right-of-way and the subject
Exhibit 'A'
Resolution No. 3774
Page 1
easement area approximately 1935 feet south of the intersection of
15th Street SW and C Street SW, within 2 years of the execution of this
agreement, unless otherwise amended by both parties. Provided that
this obligation shall not arise until GSA has acquired funding for and
begun construction of their access road within the GSA property.
d. Concurrent with the installation of the traffic signal identified in
Paragraph 2.c. above, the City will restrict ingress to and egress from
the existing GSA access driveway (located approximately 825 feet
south of the intersection with 15th Street SW and C Street SW) to "right
in" and "right out" movements due to the close proximity of this
signalized intersection.
3. During construction of the roadway, the City will insure that construction is
completed such that access to GSA's facilities can accommodate a minimum
of 150 trucks per day. In order to complete improvements, any period of
closures required at the existing truck entrance, will be coordinated with the
Auburn GSA Property Management Office during such closures, the City will
provide traffic control as required by local, state and federal regulations.
4. All City utility services to the GSA complex shall not be interrupted by the
City's C Street SW Improvement project during normal business hours of 6:00
AM — 8:00 PM. Shut down of service during off hours shall be coordinated
with GSA with a minimum of two weeks advance notification.
5. Appropriate signage for detours shall be installed by the City of Auburn.
6. All relocation of utility power poles shall be coordinated with the Auburn GSA
Property Management Office pursuant to the requirements of applicable City
ordinances and regulations.
7. GSA shall contract with the City for the re -design costs of $ 64,000
associated with the installation of a signalized traffic light and related ingress
and egress road improvements within the existing right-of-way and the
subject easement approximately 1935 feet from the intersection of 15th Street
SW and C Street SW.
8. During construction of the 'C' Street SW roadway, the City shall coordinate its
work with the Burlington Northern Santa Fe (BNSF) Railroad for any
construction work occurring near or on the BNSF owned tracks running
parallel to and east of the existing City right-of-way for C Street SW. Provided
that GSA shall be responsible for coordination with any effected parties
regarding any railroad tracks owned by GSA or on GSA property.
9. The City's construction of the roadway improvements will require the
relocation of Puget Sound Energy (PSE) utility poles within the subject
Exhibit 'A'
Resolution No. 3774
Page 2
easement area. All costs associated with this relocation will be borne by PSE
pursuant to City Ordinance 5766, dated June 3, 2003.
10. The trees located approximately 700 feet south of 15th Street SW and within
the subject easement, which will interfere with the City's proposed pedestrian
trail will be required to be removed. If any other trees need to be removed/
trimmed, then the City shall coordinate their removal/trim with GSA..
IN WITNESS WHEREOF, The parties hereto have executed the Memorandum of
Agreement on the day of , 2004.
Robin G. Graf
Assistant Regional Administrator
Northwest Arctic Region
General Services Administration
Peter B. Lewis
Mayor
City of Auburn, Washington
Attest:
Danielle E. Daskam, Auburn City Clerk
Approved as to Form:
Daniel B. Heid, Auburn City Attorney
Exhibit 'A'
Resolution No. 3774
Page 3
EXHIBIT A
THE UNITED STATES GENERAL SERVICES ADMINISTRATION
GRANT OF RIGHT-OF-WAY EASEMENT
TO THE CITY OF AUBURN, WASHINGTON
EASEMENT
The UNITED STATES OF AMERICA, acting by and through the Administrator of
the General Services Administration (GSA), under and pursuant to the powers and
authority contained in Public Law 87-852, Section 1, October 23, 1962, 76 Stat.
1129, codified as 40 USC 319 et al., (hereinafter referred to as the "Grantor"),
does hereby grant to the City of Auburn, Washington, a municipal corporation,
(hereinafter referred to as "Grantee"), a perpetual easement for:
A right-of-way for the construction, operation, repair and maintenance of a
roadway and use of the space above and below the established grade lines
of the easement area for roadway purposes, including slopes, pedestrian
trail, utilities such as power (-in accordance with City Ordnance 5766, dated
June 3, 2003), fiber optics, and storm drainage system, on, over, in, and
upon for the property described as follows:
A PORTION OF THE EAST HALF OF SECTION 24 AND THE NORTHEAST
QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, SAID PORTION MORE FULLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE EASEMENT DEED
GRANTED TO THE CITY OF AUBURN IN DOCUMENT RECORDED UNDER
RECORDING NUMBER 6160979, RECORDS OF SAID COUNTY, SAID
CORNER BEING IN THE WESTERLY RIGHT OF LINE OF COUNTY ROAD
NUMBER 76, FORMERLY KNOWN AS RAILROAD AVENUE (NOW KNOWN AS
"C" STREET SOUTHWEST);
THENCE ALONG SAID WESTERLY LINE SOUTH 01010'47" EAST A DISTANCE
OF 5389.89 FEET TO THE NORTH LINE OF THE LANDS DEPICTED IN
SURVEY FILED MAY 21, 1975 IN BOOK 4 OF SURVEYS AT PAGE 157 UNDER
RECORDING NUMBER 7505230492;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LANDS NORTH
11016'27" WEST A DISTANCE OF 142.64 FEET TO A LINE PARALLEL WITH
Page 1 of 5 City of Auburn Right -of -Way Easement
Project No. C326A
Exhibit 'A'
Resolution No. 3774
AND 25.00 FEET WESTERLY OF THE WESTERLY LINE OF "C" STREET
SOUTHWEST;
THENCE ALONG SAID PARALLEL LINE NORTH 01°10'47" WEST A DISTANCE
OF 4769.97 FEET;
THENCE NORTH 88049'13" EAST A DISTANCE OF 12.43 FEET TO A LINE
PARALLEL WITH AND 12.57 FEET WESTERLY OF THE WESTERLY LINE OF
"C" STREET SOUTHWEST;
THENCE ALONG LAST SAID PARALLEL LINE NORTH 01°10'47" WEST A
DISTANCE OF 479.49 FEET TO THE SOUTH LINE OF SAID EASEMENT
GRANTED TO THE CITY OF AUBURN UNDER RECORDING NUMBER
6160979;
THENCE ALONG SAID SOUTH LINE NORTH 88050'37" EAST A DISTANCE OF
12.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 127,035 SQUARE FEET (2.916 ACRES), MORE OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS WASHINGTON NORTH
ZONE NAD 83/91 PER THE ALTA/ACSM TOPOGRAPHIC SURVEY OF THE
GENERAL SERVICES ADMINISTRATION AUBURN COMPLEX, PROJECT
NUMBER GS10F0083J, PREPARED BY TRIAD ASSOCIATES AND BEARING
SIGNATURE DATE OF 2/20/04.
In consideration for the granting of the subject easement, the City of Auburn,
solely at City cost, shall complete the following improvements:
a. Construct modifications necessary to maintain the existing C Street
SW Truck entrance.
b. Construct modifications necessary to maintain the existing access
driveway for the GSA Facility located approximately 825 feet south of
the intersection with 15th Street SW and C Street SW.
c. Install a signalized traffic light and related ingress and egress road
improvements within the existing City right-of-way and the subject
easement area approximately 1935 feet south of the intersection of
15th Street SW and C Street SW, within 2 years of the execution of
this agreement, unless otherwise amended by both parties.
Provided that this obligation shall not arise until GSA has acquired
funding for and begun construction of their access road within the
GSA property.
Page 2 of 5
Exhibit 'A'
Resolution No. 3774
City of Auburn Right -of -Way Easement
Project No. C326A
d. Concurrent with the installation of the traffic signal identified in
Paragraph 2.c. above, the City will restrict ingress to and egress from
the existing GSA access driveway (located approximately 825 feet
south of the intersection with 15th Street SW and C Street SW) to
"right in" and "right out" movements due to the close proximity of this
signalized intersection.
TOGETHER WITH:
The non-exclusive right of ingress and egress over, under, across, and upon the
easement area.
SUBJECT TO:
Grantee's use of the easement area shall not interfere with the operations or
functions of the United States of America on the described property, as
determined by the Grantor.
The Grantee shall indemnify and hold harmless the United States, its agents and
employees against any and all loss, damage, claims or liability resulting from work
performed by the City of Auburn, or its agents.
Grantee shall comply with all applicable state, federal, and local rules, regulations.,
or laws.
RESERVATION:
The United States General Services Administration reserves the right to terminate
the easement in whole or in part if there has been:
Page 3 of 5
-------------------
Exhibit 'A'
Resolution No. 3774
City of Auburn Right -of -Way Easement
Project No. C326A
a. A failure to comply with any term or condition of the grant, or
b. A non-use of the easement for a consecutive two (2) year period for the
purpose for which granted, unless the Grantee requests extensions, which
shall not be unreasonably withheld; or
c. An abandonment of the easement.
The United States shall not terminate the easement in whole or in part without giving the
Grantee thirty (30) days written notice of its intent to terminate. The termination shall be
effective as of the date of the notice.
IN WITNESS WHEREOF, the Grantor hereunto has executed this document as of the
date and year last written below.
UNITED STATES OF AMERICA, Grantor
Acting by and through the
General Services Administration
By Date
Warranted Contracting Officer
General Services Administration
Northwest/Arctic Region
Auburn, Washington
STATE OF WASHINGTON )
S.S.
COUNTY OF KING )
, Notary Public in and for the State of Washington,
residing at do hereby certify that on this day of -
2004, personally appeared before me
to me known to be the individual described herein to execute the within in
and
acknowledged that signed the same as free and voluntary act and
deed for the uses and purposes herein mentioned. Given under my hand and official seal
the day of 12004.
Notary Public in and for the
State of Washington.
My commission expires on
Page 4 of 5 City of Auburn Right -of -Way Easement
Project No. C326A
---------------
Exhibit 'A'
Resolution No. 3774
ACCEPTED BY:
CITY OF AUBURN, WASHINGTON, Grantee
Peter B. Lewis, Mayor
Date
On this day of , 2004, before me personally
appeared to me known to be the person
described herein who executed the above instrument and who acknowledged to
me that act of signing thereof.
Approved as to Form:
Daniel B. Heid, City Attorney
Attest:
Dani Daskam, City Clerk
Page 5 of 5
-------------------
Exhibit 'A'
Resolution No. 3774
Notary Public in and for the
State of Washington.
My commission expires on
City of Auburn Right -of -Way Easement
Project No. C326A
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