HomeMy WebLinkAbout3752RESOLUTION NO. 3 7 5 2
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, the 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 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
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.
Resolution No. 3752
July 19, 2004
Page 1
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this Za day of j ' 2004
CITY OF AUBURN
PET R B. LEWIS
MAYOR
ATTEST:
ta-141QV&-l'Ad~
Danielle E. Daskam,
City Clerk
AP
Daniel B. Heid,
City Attorney
TO FORM:
Resolution No. 3752
July 19, 2004
Page 2
MEMORANDUM OF AGREEMENT
BETWEEN
THE GENERAL SERVICES ADMINISTRATION
AND
THE CITY OF AUBURN, WASHINGTON
This Memorandum of Agreement is befinreen 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:
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 pavement for roadway purposes, including slopes, pedestrian trail, utility
piping and other drainage facilities, along with the necessary utilities normally
placed within the right-of-way, such as sanitary sewer and water systems as well
as dry utilities (such as power, telephone, cable television, gas, fiber optics), on,
over, across, in and upon for the property as described in the attached
easement.
2. The easement shall be granted without monetary compensation.
NOW, THEREFORE, IN CONSIDERATION Of the foregoing recitals, the parties hereby
agree as follows
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 pavement for roadway purposes, including slopes, pedestrian
trail, utility piping and other drainage facilities, along with the necessary utilities
normally placed within the City's right-of-way.
2. GSA's donation of these rights as described in the attached Easement to the City
of Auburn for roadway purposes is made voluntarily and with full knowledge of
GSA's entitlement to receive just compensation therefore. GSA hereby releases
the City of Auburn from obtaining an appraisal of the acquired property.
3. The City will construct, solely at City cost, one signalized entrance at the existing
truck entrance to GSA's facilities on `C' Street SW, identified on the GSA facility
as Hopping Street. This signalized entrance shall be constructed no later than
March 31, 2006. Further, the City shall construct a paved entrance/egress
roadway ramp from the western limits of the attached Easement to the
intersection from `C' Street onto/off of GSA property at the signalized
intersection. This ramp will be of sufficient width, strength and grade to
accommodate typical semi-tractor/trailer traffic.
Exhibit 'A'
Resolution No. 3752
Page 1
4. 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. However, in order to complete improvements, there will be
periods of closure required at the existing truck entrance; and such closures will
be reasonably coordinated with GSA.
5. The City, solely at City cost, shall construct any modifications necessary to
maintain the existing access driveway for the GSA Facility located approximately
825 feet south of the intersection with 15th Street SW on `C' Street SW.
6. In addition to the existing finro entrances identified in paragraphs 3 and 5 above,
the City shall make allowances in the design of the `C' Street Improvements for
up to finro locations, as determined by the City, for a single future access point to
the Social Sec.urity Administration (SSA) facilities. At such time as the SSA
facilities require an additional access point, GSA shall comply with all applicable
development requirements and standards in place at such time. In addition,
modification of the vehicular access identified in paragraph 5 may be required to
allow an additional access to `C' Street SW.
7. All 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 services during off hours shall be coordinated with GSA with a
minimum of two weeks advance notification.
8. Appropriate signage for detours shall be installed by the City of Auburn.
9. All relocation of utility power poles shall be coordinated with the Auburn GSA
Property Management Office.
10. The City recognizes GSA's ongoing Redevelopment Master Plan feasibility study
of the site and that such planning may require future additional entry points, both
signalized and non-signalized along `C' and 15th Streets, whose actual need
and/or location cannot be specifically determined at this time and the City cannot
agree to entrances in advance of development. Therefore, the parties recognize
that the primary goal is to maintain traffic safety and the City agrees to cooperate
with GSA in planning and facilitating future entry/exit points that support GSA's
highest and best use of all, or portions, of the site.
11. The City has a proposed pedestrian trail located along `C' Street SW from
Ellingson Road to 15th Street SW. The portion of the proposed trail located
within the right-of-way easement along GSA's frontage is anticipated to be
completed by December 2007.
Exhibit 'A'
Resolution No. 3752
Page 2
IN WITNESS WHEREOF, The partie hereto have executed the Memorandum of
Agreement on the Z" day of LbLa,
, 2004.
Robin G. Graf
Assistant Regionaf Administrator
Northwest Arctic Region
General Services Administration
_ ~
~
Peter B. Lewis
Mayor
City of Auburn, Washington
Attest:
J
Danielle E. Daskam, Auburn City Clerk
t For :
7d\'
D niel B. e!5~Auburn City -
Exhibit `A'
Resolution No. 3752
Page 3
THE UNITED STATES GENERAL SERVICES ADMINISTRATION
GRANT OF RIGHT-OF-WAY EASEMENT
TO THE CITY OF AUBURN, WASHINGTON
EASEMENT
The UNITED STATES OF AMERICA, acting by and through the Administration of
the General Services Administration (GSA), under and pursuant to the powers and
authority contained in Public Law 87-852, Section 1, October 23, 1962, 76 Stat.
1129, codified as 40 USC 319 et al., (hereinafter referred to as the "Grantor"),
without monetary compensation, does hereby grant to the City of Auburn,
Washington, a municipal corporation, (hereinafter referred to as "Grantee"), a
perpetual easement 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 pavement for roadway purposes, including slopes, pedestrian trail,
utility piping and other drainage facilities, along with the necessary utilities
normally placed within the right-of-way, such as sanitary sewer and water
systems as well as dry utilities (such as power, telephone, cable television,
gas, fiber optics), on, over, across, in and upon for the property described
as follows:
A PORTION OF THE EAST HALF OF SECTION 24 AND THE NORTHEAST
QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, SAID PORTION MORE FULLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE EASEMENT DEED
GRANTED TO THE CITY OF AUBURN IN DOCUMENT RECORDED UNDER
RECORDING NUMBER 6160979, RECORDS OF SAID COUNTY, SAID
CORNER BEING IN THE WESTERLY RIGHT OF LINE OF COUNTY ROAD
NUMBER 76, FORMERLY KNOWN AS RAILROAD AVENUE (NOW KNOWN AS
"C" STREET SOUTHWEST);
THENCE ALONG SAID WESTERLY LINE SOUTH 01010'47" EAST A DISTANCE
OF 5389.89 FEET TO THE NORTH LINE OF THE LANDS DEPICTED IN
SURVEY FILED MAY 21, 19751N BOOK 4 OF SURVEYS AT PAGE 157 UNDER
RECORDING NUMBER 7505230492;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID LANDS NORTH
11 °16'27" WEST A DISTANCE OF 142.64 FEET TO A LINE PARALLEL WITH
AND 25.00 FEET WESTERLY OF THE WESTERLY LINE OF "C" STREET
SOUTHWEST;
Page 1 of 4 City of Auburn Right-of-Way Easement
Project No. C326A
THENCE ALONG SAID PARALLEL LINE NORTH 01010'47" WEST A DISTANCE
OF 5249.47 FEET TO THE SOUTH LINE OF SAID EASEMENT GRANTED TO
THE CITY OF AUBURN UNDER RECORDING NUMBER 6160979;
THENCE ALONG SAID SOUTH LINE NORTH 88050'37" EAST A DISTANCE OF
25.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 132,996 SQUARE FEET (3.053 ACRES), MORE OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS WASHINGTON NORTH
ZONE NAD 83/91 PER THE ALTA/ACSM TOPOGRAPHIC SURVEY OF THE
GENERAL SERVICES ADMINISTRATION AUBURN COMPLEX, PROJECT
NUMBER GS10F0083J, PREPARED BY TRIAD ASSOCIATES AND BEARING
SIGNATURE DATE OF 2/20/04.
TOGETHER WITH:
The non-exclusive right of ingress and egress over, under, across, and upon the
easement area.
SUBJECT TO:
Grantee's use of the easement area shall not interFere with the operations or
functions of the United States of America on the described property, as
determined by the Grantor.
The Grantee shall indemnify and hold harmless the United States, its agents and
employees against any and all loss, damage, claims or liability.
Grantee shall comply with all appropriate environmental rules, regulations,
standards or laws required for this project.
When need for the easement herein granted no longer exists, the Grantee shall
give notice of that fact to the Secretary of Transportation and rights herein granted
shall terminate and the land shall revert immediately to the full control of the
United States General Services Administration.
Page 2 of 4 City of Auburn Right-of-Way Easement
Project No. C326A
RESERVATION:
The United States General Services Administration reserves the right to terminate
the easement in whole or in part if there has been:
a. A failure to comply with any term or condition of the grant, or
b. A non-use of the easement for a consecutive five (5) year period for the
purpose for which granted; unless the Grantee requests extensions, which
shall not be unreasonably withheld; or
c. An abandonment of the easement.
The United States shall not terminate the easement in whole or in part without giving the
Grantee thirty (30) days written notice of its intent to terminate. The termination shall be
effective as of the date of the notice. .
IN WITNESS WHEREOF, the Grantor hereunto has executed this document as of the
date and year last written below.
UNITED STATES OF AMERICA, Grantor
Acting by and through the
General Services Administration
By
Warranted Contracting Officer
General Services Administration
Northwest/Arctic Region
Auburn, Washington
STATE OF WASHINGTON )
) S.S.
COUNTY OF KING )
Date
I, , Notary Public in and for the State of Washington,
residing at do hereby certify that on this day of
, 2004, personally appeared before me
to me known to be the individual described herein to execute and who has the authority to
execute the within instrument and acknowledged that signed the same as _
free and voluntary act and deed for the uses and purposes herein mentioned.
Given under my hand and official seal the day of , 2004.
Notary Public in and for the
State of Washington.
Page 3 of 4 City of Auburn Right-of-Way Easement
Project No. C326A
My commission expires on
ACCEPTED BY:
CITY OF AUBURN, WASHINGTON, Grantee
BY: ~~'I'
Peter B. Lewis, ayor Date
On this day of C~KAc,~,.,s~ , 2004, before me personally
appeared QV-A-ev l_-eA-0 t S to me known to be the person
described herein who,gXar%Atgd the above instrument and who acknowledged to
me that act of sigr~
,
9, .
; 4zss+onrF~;.Os~,,~
; 0: Q~Noraqy
C) Notary Publi and for the
pUBUCI State of Washington.
y'••., r_ o=; My commission expires on
Appro as to or~0~
~
. heia,
Attest:
Dani Daskam, City Clerk
Page 4 of 4 City of Auburn Right-of-Way Easement
Project No. C326A