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Home My WebLink AboutITEM VIII-B-6*- CITY OF -.~. -_//..`~1 ,- AGENDA BILL APPROVAL FORM * WASHINGTON Agenda Subject: Date: Resolution No. 4188 Ma 15, 2007 Department: Attachments: Budget Impact: Public Works Resolution No. 4188 $ 0 Administrative Recommendation: Cit Council ado t Resolution No. 4188. Background Summary: Resolution No. 4188 authorizes the Mayor and City Clerk to execute a Temporary Sewer Easement and aRight-pf-Entry and Construction Agreement with Kersey 3 Improvements, LLC. to allow the Developer to complete construction of public sanitary sewer improvements within Roegner Park. Kersey 3 Improvements, LLC, is required to complete sewer utility improvements, consistent with the City's Comprehensive Sewer Plan, for the Kersey 3, Divisions 1 and 2, Plat. This requires that a new sewer line be constructed from the Kersey 3 property at the intersection of 53rtl Street and Kersey Way, down Kersey Way and along Oravetz Road, then through Roegner Park to connect to the King County Sewer Lift Station located within Roegner Park. In order for the Developer to complete these required improvements within City-owned property, a Temporary Sewer Easement and aRight-of-Entry and Construction Agreement will be required from the City. The Public Facility Extension Agreement (FAC07-0008) will require that the Developer restore the areas of the park that are impacted by construction to the City's satisfaction, including protection of existing trees, restoration of the irrigation system, restoration of lawn area, and protection/restoration of any tables or benches impacted. In addition, staff is requiring that the existing paved trail be re-paved to a standard to support City maintenance vehicles that will be using the trail to access the new sewer system from the Park's parking lot eastward, through the construction area. Finally, the Developer will be required to provide temporary trail connections for pedestrian traffic from the pedestrian trail to the equestrian trail during the construction and to restore these areas when the sewer work is complete. The Developer anticipates the construction within the Park to last a minimum of 4 weeks, which will occur during the summer months while school is not is session. Roegner Park is a community park whose use will be impacted during the construction period. Due to this, City staff is recommending that a mitigation payment in the amount of $1,000 per week, during any week construction or warranty work occurs, be made by the Developer to the City. W0521-5 05.1.2, 03.5 PLT05-0002 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O ^ Airport ^ Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ®Municipal Serv. ^ Finance ^ Parks ^ Human Services ^ Planning & CD ^ Fire ^ Planning ^ Park Board ®Public Works ®Legal ^ Police ^ Planning Comm. ^ Other ®Public Works ^ Human Resources Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Cerino Staff: Dowd Meetin Date: Ma 21, 2007 Item Number: VI11.6.6 AjJ$LJ~ * MORE THAN YOU IMAGINED RESOLUTION NO. 4 1 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY SEWER EASEMENT AND RIGHT-OF-ENTRY AND CONSTRUCTION AGREEMENT WITH KERSEY 3 IMPROVEMENTS, LLC TO COMPLETE CONSTRUCTION OF SEWER IMPROVEMENTS WITHIN ROEGNER PARK ASSOCIATED WITH PRIVATE DEVELOPMENT WHEREAS, the Preliminary Plat for Kersey 3, Divisions 1 and 2, requires the completion of sanitary sewer improvements from their development site along Kersey Way from 53~d Street to Oravetz Road, then along Oravetz Road to Roegner Park, then within Roegner Park to the King County Sewer Lift Station; and WHEREAS, the Developer of these sewer improvements, Kersey 3 Improvements, LLC, plans to complete construction of these improvements during the summer of 2007; and WHEREAS, it is in the City's best interest to allow the completion of the sewer through Roegner Park with appropriate mitigation measures as identified in the Right-of-Entry and Construction Agreement and within the conditions of the permit for construction, FAC07-0008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4188 May 14, 2007 Page 1 Section 1. The Mayor is hereby authorized to execute a temporary Sewer Easement and aRight-of-Entry and Construction Agreement with Kersey 3 Improvements, LLC, in substantial conformity with the easement and agreement attached hereto, marked as Exhibit "1" and Exhibit "2" 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 , 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AP VE TO FO M: Daniel B. He' , City Attorney Resolution No. 4188 May 14, 2007 Page 2 EXHIBIT "1" EXHIBIT "1" Return Address: City of Auburn City Clerk 25 West Main Aubum, WA 98001 Above this line reserved for recording information. TEMPORARY SANITARY SEWER EASEMENT FAC 07-0008 Reference # (if applicable): Grantor/Borrower: Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel ID#: N/A City of Auburn Kersey 3 Improvements, LLC Section 31, Township 21 and Range OS Section 30, Township 21 and Range OS 665500-0024,665500-0030 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, City of Auburn, a municipal corporation of King County, Washington, hereby conveys and warrants to Kersey 3 Improvements, LLC, Grantee, a Limited Liability Corporation, its successors and assigns, a temporary Nonexclusive Easement under, over, through and across the following described real property for the purpose of laying, installing, and providing warranty maintenance of sanitary sewer lines AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the right entry upon said Easement for the purpose of construction, maintenance, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore upon two weeks notification of the City prior to beginning initial construction or prior to any follow-up maintenance or repair/reconstruction work required after initial construction and restoration of the area is complete. Said Grantee shall restore the park area and trail to the satisfaction of the Grantor to acceptance of the sanitary sewer construction under FAC 07-0008. Easement Page 1 oft Said Grantee shall provide temporary accommodation for pedestrian traffic around the area of construction as approved by the City. Upon completion of the construction of the sanitary sewer improvements and acceptance of said improvements by the Grantor, this easement shall be re-conveyed to the Grantor. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of , 2007. Accepted and Approved by: Peter B. Lewis, Mayor City of Auburn STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis was the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the MAYOR of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington Residing a[ My appointment expires ICRIb File: # I I51 REF. H:\DEV ELOPMENTV'rojec[s\Kersey 111\FAC07-0008 -Off-site Sewer Improvements - # 1151 \Legal Documents\Temporary Sewer EasemenLDOC Easement Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION TEMPORARY SANITARY SEWER EASEMENT A temporary sanitary sewer easement, 20.00 feet in width, over, under, and across portions of the Southwest quarter of the Southeast quarter and the Southeast quarter of the Southwest quarter of Secton 30, and the Northwest quarter of the Northeast quarter and the Northeast quarter of the Northwest quarter of Section 31, all in Township 21 North, Range 5 East, Willamette Meridian and Lot 7 of The Parker Homestead according to the plat thereof recorded in Volume 8 of Plats at page 51, Records of King County, Washington having 10.00 feet of such width lying on each side of the following described centerline: COMMENCING at the Southwest comer of the Southeast quarter of Section 30, Township 21 North, Range 5 East, Willamette Mardian; THENCE South 89° 05' 03" East, 351.28 feet along the South line of said Section to the West margin of Oravetz Road; THENCE North 22° 11' 03" East 39.88 feet along said West margin to the POINT OF BEGINNING of herein described centerline; THENCE South 88° 22' 51° West, 367.34 feet; THENCE South 52° 36' 03° West, 281.35 feat; THENCE South 32° 41' 44" West, 300.87 feet; THENCE South 77° 07' S1° West, 98.18 feet to the lerm(nus of herein described centerline. EXCEPT any portion lying within 41st Street S.E. The sidelines of said easement shall be shortened or lengthened as necessary as to intersect at angle points and said West margin. ProJed Name: Kerney III April 24, 2007 Revised: May 15, 2007 DJS/knltss 713941.017.dac XHIBIT B F e R a ~ ~ '~ ~ $ o ~¢~ III 51 ~ ~ ~ I I \ ONN 3A~1m Il,il~~~ ~ ~ N~! pp~ I~I =R,wW ~ ~ Ano _~.~ --~ ~~ - - - ~, ~ `~ ~ ~ I~ ~ ~~~~~~~ b ~ \ ~ ~ ~ ;y., ~~ d„ ~ ~, ~ ~, ~~ R Ro A M0+ $'L'11(0: FM: ~ ~1~IIIIbV "°~'°~'~~10°'""'°~ ~ I{ERSEY III 11394 HA' taa~e uNO KnxuE same K,n~rt{ ~w,~ emu ~ ~'~7B~ "~" '~8ANITARY HEWER ~ any wowmmm. wao ,~ $ EAHEMENT EXHIBIT 1 „ 1 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXHIBIT "2" Above this line reserved for recordin information. _ RIGHT-OF-ENTRY AND CONSTRUCTION AGREEMENT FAC 07-0008 Reference # (if appiicaoiel: rviH Grantor/Borrower: City of Auburn GranteelAssigneelBeneficiary: Kersey 3 Improvements, LLC Legal Description/STR: Section 31, Township 21, Range 05 Section 30, Township 21, Range 05 Assessor's Tax Parcel ID#: 665500-0024, 665500-0030 In consideration of the mutual benefit contained herein and for other valuable consideration, City of Auburn, (Grantor), a municipal corporation of King county, Washington, hereby grants to Kersey 3 Improvements LLC, (Grantee), a Limited Liability Corporation, its contractors, employees, agents, successors and assigns, the right to enter upon that portion of land (described as Roegner Park located at 601 Oravetz Road, Auburn, WA 98001 in Attachments 'A' and 'B' attached hereto and incorporated herein by reference) required for the purpose of construction of sanitary sewer lines and appurtenances thereof, as required for completion, of the FAC 07-0008: SPECIAL STIPULATIONS 1. Grantor hereby agrees to permit Grantee, its contractors, employees, agents, successors and assigns the right of entry including the right of ingress and egress to the areas as described in Attachments 'A' and 'B', to complete the construction work as set forth above. 2. Grantee agrees, to leave the property in as good a condition as existed on the day construction commenced and restored per the requiremehts shown on the approved plans for FAC 07-0008. This shall include the timely removal of any and all debns, rubbish or combustible. material resulting from construction activities. 3. Grantor agrees that this Right-of-Entry and Construction Agreement shall continue in full force and effect from the date of the Notice to Proceed issued for FAG 07- Right of Entry and Construction Agreement Page 1 of 3 0008 until completion of all warranty work and acceptance by the Grantor of all work required under FAC 07-0008 provided that Grantee gives adequate notice to the Grantor of the commencement of construction. 4. Grantee, its agents and assigns, will notify Grantor of its construction schedule, and will, to the greatest extent practicable, schedule the construction activity so as to minimizing inconvenience to the property. 5. Grantee agrees to compensate the Grantor for inconvenience to the full enjoyment and use of the park during these construction activities and any warranty work activities necessary at the rate of $1,000.00 per week during any week in which construction or warranty work occurs. Compensation will be made prior to final acceptance by the Grantor of the construction work under FAC 07-0008 for the initial construction impact and prior to acceptance of any warranty work necessary under FAC 07-0008. 6. Grantor authorizes and appoints Grantee as its agent and attorney-in-fact to make application for any and all permits required to complete the project. 7. The rights herein granted shall include all incidental rights, including but not limited to, right of ingress and egress necessary to properly perform the work indicated for construction of the project. No storage of materials or parking, except that as required for immediate activities on site for any work day, will be permitted within the temporary construction easement. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. Dated this ~~ day of ~ Accepted: ~ Accepted and Approved. Peter B. Lewis, Mayor City of Auburn Right of Entry and Construction Agreement Page 2 of 3 STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that M Gam La Sala is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the aria ,~ of Kersey 3 1rn~royernenfs LLC, a limited lia ility company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated S~ S~O 7 ~~ar~tur,,,~ ccP~t~-TA-/Aw, ~ '~~unn~~~`~ STATE OF WASHINGTON ) ss COUNTY OF KING ) ~~ ~,~ ~!5/V L M°Kenne_y Notary Public in and for the State of Washington Residing at /Yk~~JI~ /ell~, w~9 My appointme~pires !~l6-0 `j I certify that I know or have satisfactory evidence that Peter B. Lewis was the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the MAYOR of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington Residing at My appointment expires H:\DEVELOPMENTProjects\Kersey III\FAC07-0008 -Off-site Sewer Improvements -#11511Legal Documents\Right of Entry and Construction 0507.DOC Right of Entry and Construction Agreement Page 3 of 3 ATTACHMENT A LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement, 50.00 feet in width, over, under, and across portions of the Southwest quarter of the Soutileast quarter and the Southeast quarter of the Southwest quarter of Section 30, and the Northwest quarter of the Northeast quarter and the Northeast quarter of the Northwest quarter oT Section 31, all in Township 21 North, Range 5 East, Willamette Meridian and Lot 7 of The Parker Homestead according to the plat thereof recorded in Volume 8 of Plats at page 51, Records of King County, described as follows: COMMENCING at the Southwest comer of the Southeast quarter of Section 30, Township 21 North, Range 5 East, Willamette Meridian; THENCE South 89° 05' 03° East, 351.28 feet along the South line of said Section to the West margin of Oravetr Road; THENCE Narth 22° 11' 03° East 12.56 feet along said West margin to fhe POINT OF BEGINNING; THENCE South 88° 22' 51" West, a distance of 348.25 feet; THENCE South 52° 38' 03" West, a distance of 248.93 feet; THENCE South 32° 41' 44" West, a distance of 308.70 feet; THENCE South 77° 07' 51" West, a distance of 103.83 feet: THENCE South 18° 51' 15" West, a distance of 128.30 feet; THENCE South 59° 00' 37" West. a distance of 225.54 feet; THENCE South 42° 16' 49" West, a distance of 272.24 feet; THENCE South 47° 43' 11" East, a distance of 50.00 feet; THENCE South 42° 18' 49" West, a distance of 50.00 feet; THENCE North 47° 43' 11" West, a distance of tOD.00 feet; THENCE North 42° 18' 49" East, a distance of 289.59 feet; THENCE Narth 59° 00' 37" East, a dlstarua of 214.82 feet; THENCE North 18° 51' 15" East, a distance of 137.90 feet THENCE North 77° 07' 51" East, a distance of 111.08 feet; THENCE North 32° 41' 44" East, a distance of 295.05 feet THENCE North 52° 38' 03" East, a distance of 273.85 feel; THENCE Norlh 41 ° 33' 35" East, a distance of 73.02 feet THENCE South 48° 28' 25° Fist, a distance of 77.81 feet THENCE North 88° 22' S1° East, a distance of 279.73 feet; THENCE South 22° 11' 03" West, a distance of 54.85 feet to the POINT OF BEGINNING. Containing 88,148 square feet or 2.02 acres, more or less. EXCEPT any portlon lying wRhin 41st SUeet S.E. Project Name: Kereey III May 15; 2007 WRW/jss 11394L.018.Doc ATTACHMENT B y p ~".n 9q ~ =~ ~ $ ~obaa, ~ ~~~kl II ~Ii ~ ~ ~ n ,. o,, o _, V`i I N % N~ ~ ~ J W ~ f ~ ' ~ mm J ! ~g~°a ~: ="~ ~ ~ ~ Fes`' ~ /!~I ''FF & alma - _i.= - - ~~ ~ ~ I~~~~ ~ - ~~ 1 \~ ` N ~~ ~ ~~~~'~ b ~~~~. ~ ~~ ;, ~1 ~ ~~ A R ~Z r~ii NP ~-~ ` Seale: Fr. leb Mim6er ""~on6"'~~ 100 w"'°" "~ ICERSEY III 11394 18116 7AkD M'E"UF 9d/IN awr rP 9BDYt Shast _ f+-~ ~ ""~ TEMPORARY ~ avo. ~ma+a, uDio CONSTRUCTION 'AO P $ " EASEMENT EXHIBIT 1 a 2 ATTACHMENT B 8 G; 8 ~ ° `~ N ~ ~+ v r ~ ~ ~ ~\ °' b 2~ / a~ ~ N ~ m / ~ J, ~~4~~ ~p r 1~a 8 C ae~i _ ~ ~ ~ \ 3 SS~ ~1\ \~\ ~\ \~ ~~ ~ ~ '~~ 100 "~ ~' KERSEY III 11894 ~ex+a rn~n souix im.~rt v,,,N' eea~2 snort E,~ ~ +~ TEMPORARY ~ cvn oxXwo-m~c, wro CON8TRUCTION ~'~ ~""me cES EA8EMENT EXHIBIT ? ,~ 2