HomeMy WebLinkAbout3343RESOLUTION NO. 3 3 4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, REPEALING RESOLUTION NO. 3330, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A REVISED AMENDMENT #1 TO
THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF AUBURN,
KING COUNTY OFFICE OF CULTURAL RESOURCES, WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION, WASHINGTON STATE
HISTORIC PRESERVATION OFFICER, AND THE FEDERAL HIGHWAY
ADMINISTRATION REGARDING THE ADVERSE EFFECT AND MITIGATION
MEASURES OF THE SOUTH 277T" STREET RECONSTRUCTION PROJECT
WHICH WAS AUTHORIZED BY RESOLUTION NO. 3071, AND PROVIDING
AUTHORIZATION .FOR THE MAYOR TO APPROVE ADMINISTRATIVE
AMENDMENTS THAT DO NOT ADVERSELY AFFECT THE CITY OF
AUBURN.
WHEREAS, in consideration of the interests of the owner of the Thomas
Nelson Farm; and
WHEREAS, the City of Auburn, a concurring party to the original
Memorandum of Agreement (MOA), has determined that the terms of the
original MOA cannot be met at this time; and
WHEREAS, the City of Auburn and King County believe a change is
necessary and have participated in developing an amendment to the original
MOA; and
WHEREAS, the City of Auburn adopted Resolution No. 3330 on March
5, 2001, authorizing an Amendment to the Memorandum of Agreement for the
mitigation of the adverse effects of the 277th Street Reconstruction Project; and
Resolution No. 3343
March 27, 2001
Page 1 of 3
WHEREAS, the Mayor signed Resolution No. 3330 but did not sign the
Amendment because it was in draft form; and
WHEREAS, minor revisions to the amendment have been made since
the March 5, 2001, Council meeting, and it is anticipated that future minor
revisions will be needed prior to all five parties signing Amendment #1; and
WHEREAS, Resolution No. 3330 is hereby appealed.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute revised Amendment #1 to the Memorandum of
Agreement between the City of Auburn, the King County Office of Cultural
Resources, the Washington State Department of Transportation, the
Washington State Historic Preservation Officer, and the Federal Highway
Administration, and to approve administrative amendments that do not
adversely affect the City of Auburn. A copy of said Amendment #1 to the
Memorandum of Agreement is attached hereto, denominated as Exhibit "A" and
made a part hereof as though set forth in full herein.
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Resolution No. 3343
March 27, 2001
Page 2 of 3
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
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DATED this` day of ,ll pry ~ , 2001.
CITY OF AUBURN
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CHARLES A. BOOTH
MAYOR
ATTEST:
Dan' Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Michael J. Reynolds,
City Attorney
Resolution No. 3343
March 27, 2001
Page 3 of 3
Thomas-Nelson Farm
South 277th Street Reconstruction Project
Memorandum of Agreement Amendment #1
AMENDMENT #1 TO MEMORANDUM OF AGREEMENT
SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC
PRESERVATION
PURSUANT TO 36 CFR 800.6(a)
REGARDING THE SOUTH 277th STREET
RECONSTRUCTION PROJECT, PR 562
WHEREAS, in accordance with Stipulation 6 of the Memorandum of Agreement (here in
after referred to as the "Agreement")entered into with Federal Highway Administration (FHWA),
Washington State Department of Transportation and King County and the Washington SHPO,
and executed in March/April of 1999, the City of Auburn, an original concurring party desires to
amend the terms of the Agreement in consideration of the fact the owner of the Thomas-Nelson
Farm does not want the farmhouse moved to a location deemed acceptable by the signatories
at this point in time.
The changes to the Agreement are described as follows:
Stipulations
9. The City of Auburn shall ensure that a fund of $400,000 shall be deposited into an interest
bearing escrow account established by the City of Auburn, and held and administered by
the King County Office of Cultural Resources, for the implementation of measures to
mitigate the adverse effects of the South 277th Street Reconstruction Project on the
Thomas-Nelson Farm at such time as the owner of the property is amenable to such
actions. Up to 15% of the fund may be used to cover the administrative costs of County
agencies administering the mitigation activities. Funds in the account, including any interest
accrued thereto, may be withdrawn at any time by King County Office of Cultural Resources
to support the actual costs of Stipulations 1, 2 and 3 of the original agreement which hereby
shall become a responsibility of the King County Office of Cultural Resources. For the
purpose of this Agreement all "costs and expenses" shall be properly reported and
recorded.
10. By December 31, 2003, the interest bearing escrow account shall be closed and the funds
in said account distributed in accordance with the following:
a. For any work required in support of Stipulations 1, 2, 3, and 4 of the original Agreement
not complete upon closure of the escrow account, the City of Auburn will obtain an
engineer's or other appropriate cost estimate, to be approved by King County Office of
Cultural Resources and the Washington SHPO, for the remainder of the work secured
by escrow.
b. If the costs estimated in subparagraph a. exceed the funds in the escrow account upon
closure, the City of Auburn agrees to pay King County Office of Cultural Resources the
amount of the difference from available project revenues.
c. If the costs estimated in subparagraph a. are less than the funds in the escrow account
upon closure, City of Auburn shall be reimbursed by the amount of the difference.
Thomas-Nelson Farm
South 277th Street Reconstruction Project
Memorandum of Agreement Amendment #1
11. Any remaining mitigation measures required by the stipulations in the original Agreement
shall be the responsibility of the King County Office of Cultural Resources upon closure of
the escrow account. Such measures may include:
stabilization of the barn, contribution to public purchase of an interest in the property, or
other actions consistent with the preservation of the historic resource in addition to and/or in
substitution for mitigation measures described in the original Agreement. Any and all such
mitigation measures shall be pursued as deemed appropriate by the KCHPO and SHPO.
12. By execution of the Agreement all parties acknowledge that in fulfilling the conditions in
Stipulation 10, subparagraphs a, b, c, above, the City of Auburn's obligations to mitigate are
discharged and the City of Auburn shall be relieved of any further future obligations with
regard to the purpose of the Agreement.
13. If extenuating circumstances, such as natural disaster, significantly affect the integrity of the
Thomas-Nelson Farm at any time, or if any of the actions stipulated above remain unfulfilled
by October 31, 2003, the signatories shall consult on other means of fulfilling the intent of
this agreement and/or other appropriate and feasible mitigation measures and shall amend
this MOA accordingly. This agreement shall cease when such measures have been
undertaken with the concurrence of the signatories.
Thomas-Nelson Farm
South 277th Street Reconstruction Project
Memorandum of Agreement Amendment #1
If you concur with this amendment and agree to the changes as stated above, please sign in
the appropriate spaces below.
FEDERAL HIGHWAY ADMINISTRATION
By: Date:
Elizabeth Healy, Transportation and Environmental Engineer
WASHINGTON STATE HISTORIC PRESERVATION OFFICER
By:
Date:
Allyson Brooks, State Historic Preservation Officer
Concur:
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
By: Date:
Paula J. Hammond, Assistant Secretary, Highways & Local Programs Service Center
CITY OF AUBURN
By: Date:
Charles A. Booth, Mayor, City of Auburn
KING COUNTY OFFICE OF CULTURAL RESOURCES
By: Date:
Julie M. Koler, King County Historic Preservation Officer
Accepted:
ADVISORY COUNCIL ON HISTORIC PRESERVATION
By:
APPRO E AS TO FO M:
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Michael J. Reynolds,
City Attorney
Date:
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Resolution 3343.
Exhibit A
Page 3