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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 15th 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:
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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.
. 'fi'1
Dated and Signed this /¿-dayof Ô¿j¡.~ 2004
CITY OF AUBURN
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Jo
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PET R B. LEWIS
MAYOR
ATTEST:
~JJi! 11.J¿~
D ·Ielle E. Daskam,
City Clerk
Daniel B. Hei ,
City Attorney
APPROVED AS
./
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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:
1. 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 or improve 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 and at such time as GSA's access road is under
construction, unless otherwise amended by both parties. GSA has
budgeted funding and intends to construct its portion of the access
road connecting to the new intersection with the City's roadway
construction project.
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 short term
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 and provide 2 weeks notice of any closures. For the purposes
herein, short term shall mean a period of approximately 4 to 6 hours.
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. The City
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Exhibit "A'
Resolution No. 3774
Page 2
..
will not be responsible for coordination with any affected parties regarding any
railroad tracks not owned by BNSF.
9. The City's construction of the roadway improvements will require the
relocation of Puget Sound Energy (PSE) utility poles within the subject
easement area. All costs associated with this relocation will be borne by PSE
pursuant to City Ordinance 5766, dated June 3, 2003.
10. The one clump of 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
adjacent to the easement area requires trimming, then the City shall
coordinate their trimming with GSA.
IN WITNESS WHEREOF, ~e parties hereto have executed the Memorandum of
Agreement on the c.2;)h' day of ð¿f- ,2004.
Robin G.
Assistant Re 'onal Administrator
Northwest Arctic Region
General Servic inistration
--
Peter B. Lewis
Mayor
City of Auburn, Washington
Attest:
Æ~~
"Danielle E. Daskam, Auburn City Clerk
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Exhibit "A'
Resolution No. 3774
Page 3