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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 Aja$[ RN * MORE THAN YOU IMAGINED 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 r