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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.~