HomeMy WebLinkAbout3584RESOLUTION NO. 3 5 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERAGENCY AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN
RELATING TO A CONSERVATION EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTH
277TM STREET RECONSTRUCTION PROJECT (PHASE III).
WHEREAS, King County (County) has a Capital Improvement Project
("CIP #500298") on South 277th Street from West Valley Highway to Frontage
Road known as the South 277th Street Reconstruction Project Phase III ("the
Project"); and
WHEREAS, South 277th Street, encompassed by the Project, is partially
in unincorporated King County and partially in the City of Auburn; and
WHEREAS, to complete the Project, the County requires the City's
support and concurrence to obtain an easement and a temporary construction
easement ("the County Easements") from the Sequence Farm South, LLC, on
whose property the City has an existing conservation easement ("the City
Easement"); and
WHEREAS, the City has previously obtained an easement ("the City
Easement") from Sequence Farm South, LLC which coincides in part or in
whole with the County Easements; and
Resolution No. 3584
March 5, 2003
Page 1
WHEREAS, The Sequence Farm South, LLC is willing to donate
Easements to the County if the City agrees; and
WHEREAS, the Parties agree that the construction of the Project will
provide an important link in the regional transportation system; and
WHEREAS, It is in the best interest of the public for the County and the
City to cooperate in completing the Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section '1. That the Mayor and City Clerk of the City of Auburn are
hereby authorized to execute the Interagency Agreement between King County
and the City of Auburn Relating to A Conservation Easement and a Temporary
Construction Easement for the South 277th Street Reconstruction Project
(Phase III) in the form substantially as the agreement attached hereto, marked
as Exhibit "1" and incorporated herein by this reference.
Section 2. That the .Mayor is hereby authorized to implement such
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 and
effect upon passage and signatures hereon.
Resolution No. 3584
March 5, 2003
Page 2
,2003.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
D~l~ielle E.-Daskam,
City Clerk
City Attorney
Resolution No. 3584
March 5, 2003
Page 3
Exhibit "1"
INTERAGENCY AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF AUBURN RELATING TO A
CONSERVATION EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT FOR THE
SOUTH 277TM STREET RECONSTRUCTION PROJECT (PHASE III)
THIS AGREEMENT is entered into by King County, a political subdivision of the State
of Washington (the "County"), and the City of Auburn, a municipal corporation of the
State of Washington (the "City")
RECITALS
The County has a Capital Improvement Project ("CIP #500298") on South 277th
Street from West Valley Highway to Frontage Road known as the South 277th
Street Reconstruction Project Phase III ("the Project").
Bo
South 277th Street, encompassed by the Project, is partially in unincorporated
King County and partially in the City of Auburn.
Co
To complete the Project, the County requires the City's support and concurrence
to obtain a conservation easement and a temporary construction easement ("the
County Easements") from the Sequence Farm South, LLC. The Sequence Farm
South, LLC is willing to donate the County Easements to the County if the City
agrees.
Do
The City has previously obtained an easement ("the City Easement") from
Sequence Farm South, LLC which coincides in part or in whole with the County
Easements.
The Parties agree that the construction of the Project will provide an important
link in the regional transportation system.
Fo
It is in the best interest of the public for the County and the City to cooperate in
completing the Project.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. PROJECT DESCRIPTION
The Project includes the design and construction of Phase III of the improvements to the
South 277th Street Reconstruction Project. Phase III involves the widening of South 277th
Street from the West Valley Highway intersection to Frontage Road (on the east side of
Exhibit "1" 1
Resolution No. 3584
SR 167) from 2 through lanes to 4 through lanes, extending left turn pockets, adding a
second left turn lane on the bridge, construction of associated drainage facilities,
elevation of the grade of the existing roadway using compacted fill, widening the existing
bridge on SR-167, storm sewer system improvements, construction of pedestrian and
bicycle lanes, raising and reconstruction of the West Valley Highway intersection and
updating traffic signals. Phase III also includes work on West Valley Highway that
involves extending left turn pockets, extending the southbound right turn lane, adding a
northbound right turn lane, and raising the roadway above the floodway between S. 277th
St. and 550ft north and south of the intersection. The County wilI construct the Project.
2. Terms and Conditions
2.1
The City concurs with the County's use of the County Easements, more
particularly described in the Legal Description attached in Exhibit A, as a
wetland mitigation/stream restoration site.
2.2
The County shall not perform activities on any part of the County Easements
that are in conflict with the City Easement and shall obtain City approval
prior to proceeding with any activities on the County Easements. The City
shall not unreasonably withhold or condition such approval.
2.3
The City shall provide a letter to the property owner no later than 30 days
after the effective date of this Agreement stating that the City has no
objections to the property owner granting the County Easements to the
County on the same property as the City Easement. The form of the letter is
attached as Exhibit B.
r3.
e
PERMITS
The County will be responsible for obtaining required permits for the County
Easements. The City will endeavor to expedite any permits required by the
County from the City. The City will charge only actual time for permit staff
review work, including any consultant time.
CONTACT PERSONS
The parties will each appoint a contact person to act as liaison. These contact
persons will meet as needed to provide coordination between the parties. Either
party may change its contact person on written notice to the other party.
INDEMNIFICATION
5.1
To the extent allowed by law, the County shall defend, indemnify and hold
harmless the City, its elected officials, employees and agents from and
against any and all suits, claims, actions, losses, costs, expenses of
Exhibit "1"
Resolution No. 3584
2
e
litigation, attomey's fees, penalties, and damages of whatsoever kind or
nature arising out of, in connection with or incident to any act or omission
of the County, its employees, agents, and contractors in the performance
of the County's obligations under this Agreement. This indemnification
obligation shall include, but is not limited to, all claims against the City by
an employee or former employee of the County or its contractors and, as
to such claims, the County expressly waives, as respects the City only, all
immunity and limitation of liabilitY under Title 51 RCW.
5.2
To the extent allowed by law, the City shall defend, indemnify and hold
harmless the County, its elected officials, employees and agents from and
against any and all suits, claims, actions, losses, costs, expenses of
litigation, attorney's fees, penalties, and damages of whatsoever kind or
nature arising out of, in connection with or incident to any act or omission
of the City, its employees, agents, and contractors in the performance of
the City's obligations under this Agreement. This indemnification
obligation shall include, but is not limited to, all claims against the County
by an employee or former employee of the City or its contractors and, as
to such claims, the City expressly waives, as respects the County only, all
immunity and limitation of liability under Title 51 RCW.
OTHER PROVISIONS
6.1
Entire Agreement. This Agreement contains the entire agreement of the
parties concerning the matters contained herein and any representations or
understandings, whether oral or written, not incorporated herein are
excluded.
6.2
Amendment. This Agreement may be amended only by an instrument in
writing, duly executed by both parties.
6.3
Right of Entry. The City hereby grants to the County right of entry into
the corporate limits of the City for the purpose of performing any and all
tasks necessary for the County's use of the County Easements.
6.4
Employment Status. Each party shall be deemed an independent
contractor for all purposes and the employees of either party or any of its
contractors, subcontractors and their employees shall not in any manner be
deemed to be employees or agents of the other party.
6.5
No Waiver. Waiver of breach of any provision of this Agreement shall
not be deemed to be a waiver of any prior or subsequent breach and shall
not be construed to be a modification of the terms of this Agreement.
Exhibit "1"
Resolution No. 3584
6.6
6.7
No Third-Party Rights. Nothing contained herein is intended to, nor shall
be construed to, create any fights in any person or entity not a signatory to
this Agreement, or to form the basis for any liability on the part of the
City, the County, or their officials, employees, agents or representatives,
to any person or entity not a signatory to this Agreement.
Headings. The headings of the various sections and subsections of this
Agreement are inserted for convenience only and shall not be deemed to
expand, limit, or otherwise affect its terms and conditions.
w
EFFECTIVE DATE
This Agreement will become effective upon signature by both parties.
SEVERABILITY
If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date last written below.
KING COUNTY ('-) CITY OF
~nd~a ~)ougher~y,~oad b4'emi_ces~ Peter B. Lewis, y
Division Mat~ger ?
Date~/~ ~~ Date
Approved as to form:
4~eput~ Prosecuting Attomey
City Attomey ~/ '°x/~
Exhibit "1" 4
Resolution No. 3584
EXHIBIT A
9-2001-001-8
SEQUENCE FARMS SOUTH, LLC
CONSERVATION EASEMENT
Beginning at the southwest comer of Lot 3 of City of Aubum Lot Line Adjustment No.
LLA 0014-95, as recorded under Recording No. 9607110147, Records of King COunty,
Washington; thence northerly for a distance of 258.18 feet at a bearing of N01 °21'13"E
to the True Point of Beginning; thence easterly for a distance of 502.66 feet at a bearing
of S89°14'09"E; thence westerly and northerly along a line 10 feet north of the north
bank of the unnamed Mill Creek tributary to its intersection with the west property line;
thence southerly for a distance of 101.53 feet at a bearing of S08°07'53"E to the True
Point of Beginning.
Containing 21,189 s.f.
AND ALSO, Beginning at the southwest comer of Lot 3 of City of Auburn Lot Line
Adjustment No. LLA 0014-95, as recorded under Recording No. 9607110147, Records
of King County, Washington; thence easterly for a distance of 716.57 feet at a bearing of
S89°15'49"E to the True Point of Beginning; thence northerly for a distance of 257.82
feet at a bearing of N00~35'51"E; thence southeasterly for a distance of 96.74 feet at a
bearing of S30°31'21"E; thence southerly for a distance of 175.12 feet at a bearing of
S00°35'51"W; thence westerly for a distance of 50.00 feet at a bearing of N89°15'49"W
to the True Point of Beginning.
Containing 10,824 s.f.
TEMPORARY CONSTRUCTION EASEMENT
Beginning at the southwest comer of Lot 3 of City of Auburn Lot Line Adjustment No.
LLA 0014-95, as recorded under Recording No. 9607110147, Records of King County,
Washington; thence easterly for a distance of 766.57 feet at a bearing of S89°15'49"E;
thence northerly for a distance of 175'.12 feet ata bearing of N00°35'51"E to the True
Point of Beginning; thence northerly for a distance of 92.63 feet at a bearing of
N00°10'48"W; thence northwesterly for a distance of 62.23 feet at a bearing of
N63°21'26"W; thence westerly for a distance of 200.81 feet at a bearing of
S89°59'59"W; thence westerly and northerly along a line 30 feet north of the north bank
of the unnamed Mill Creek' tributary to its intersection with the west property line; thence
southerly for a distance of 21.02 feet at a bearing of S08°07'53"E; thence easterly and
southerly along a line 10 feet north of the north bank of the unnamed Mill Creek tributary
to its intersection with the south property line; thence easterly for a distance of 210.50
feet at a bearing of S89°14'09"E; thence southeasterly for a distance of 96.74 feet at a
bearing of S30°31 '2 I"E to the True Point of Beginning.
Containing 22,251 s.f.
C:~Documents and Settings~snutter'd.x~cal Se~ngs\Temporary Internet Files~OLKS',LegalDesc $ R6 FINAL. doc
EXHIBIT B
Bruce Solley, Emie Patty
Sequence Farm South LLC.
Re: King County Conservation Easement
Dear Mr. Solley:
This is to advise you that the City of Auburn has no objections to Sequence Farms LLC. granting
King County a conservation easement and a temporary construction easement over the areas
described in the attached legal description for use as a wetland mitigation/stream restoration Site
in conjunction with the County's South 277th Street Reconstruction Project. It is understood that
the easements to the County will be on the same property on which the City of Auburn already
has a conservation easement.
Sincerely,
Dennis Selle,
City Engineer
City of Auburn
/
/
/
/
/
I
I
I
I
I
I
I
!o I.~