HomeMy WebLinkAboutReddington Levee and Setback project Term Sheet\
Term Sheet between the
King County Flood Control District
and the
City of Auburn for the
Reddington Levee Setback and Extension Project
This proposed Term Sheet sets forth the general terms by which the City of Auburn, a
Washington municipal corporation ( "City ") and the King County Flood Control District, by and
through its Service Provider, King County ( "District "), agree to address the acquisition of
easements over City -owned properties by the District in furtherance of the District's Reddington
Levee Extension and Setback Project.
Background
While originally the District approached the City about fee simple acquisition of property
for the project, the District determined that acquisition by easement would be more expeditious
and less costly. The City concurred with the easement acquisition method to support the project.
The District is requesting non - exclusive easement rights to 22.9 acres on 7 City -owned
parcels for the construction of the District's Reddington Levee Extension and Setback Project.
The affected parcels and acreages are based on the District's identified project needs as have
been communicated and understood as of the date of this Term Sheet.
The District is proposing to construct the Reddington Levee and Setback Project in two
phases Phase 1 is proposed to extend from the City's Brannan Park north to the north boundary
of the plat of Auburn 40 and this phase is anticipated to be constructed in 2013. Phase 2 is
proposed to extend from the northern terminus of Phase 1, north to S. 277`h Street. The funding
and timing of Phase 2 is not yet determined.
A. City's Obligations:
1. The City agrees to provide the District with easements in accordance with the compensation
and consideration described below on the following parcels:
Ci -Owned Parcels
Easement Acrea ° e
Reddington Levee Setback and Extension Phase 1
1
Former Crista Ministries, Parcel #0004000098
6
92
StormWater Facility - Bioswale Tract, Parcel
2
#7338001230
3
85
3
Brannan Park, Parcel #0001000081
2
99
Riverpoint Plat Park- Tract "D," Parcel
4
#7338221190
3
5
Auburn 40 Plat Park — Tract "E," Parcel
5
#0301402420
3
25
Reddington Levee & Setback Project Term Sheet
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Reddin ! ton Levee Setback and Extension Phase 2
6
Trail Run Plat Park - Tract "0," Parcel
#8669180500
0 92
7
Trail Run Plat Park -Tract "P," Parcel
#8669180500
1 47
Total
22.9
B. District's Obligations:
1. Stormwater Utility (Enterprise Fund) Land
a. The District shall reimburse the City Stormwater Utility for the fair market value of the
easements on the former Crista Ministries parcel (Parcel # 1, above 6.92 acres) and StormWater
Facility - Bioswale Tract parcel (Parcel # 2, above 3.85 acres). The City will accept the District's
appraised value of $142,511 for the 10.77 acres of easement encumbrances (on said Parcels 1 &
2).
b In addition, the District will be responsible for re- establishing the equivalent functionality of
the existing bioswale on Parcels #1 & #2, inclusive of all necessary permitting, design
construction costs and inspection (City of Auburn) costs, so that there will be no additional
expense on the City The District's re- establishment of the public bioswale shall be completed in
conformance with the City's Public Facility Extension (FAC) process (attached as reference.)
c. The re- established bioswale shall provide water quality treatment of the City's entering storm
water that is calculated to be equivalent to the existing bioswale. For comparative purposes, the
calculations shall be in conformance with the 2009 King County Surface Water Manual.
' 2. Parkland RCO Conversion
a. The 2.99 -acre easement area of Brannan Park was originally acquired by the City with State
financial assistance and associated restrictions. As a result, the District shall fully fund the City's
obligation to satisfy the Washington State Recreation and Conservation Office (RCO) conversion
requirements for the 2.99 acres at Brannan Park (Parcel # 3, above) and shall work with the City
to replace the said 2.99 acres at Brannan Park with 2.99 acres at another location acceptable to
the City.
b. The Parties shall determine whether any proposed replacement property is "available and in an
acceptable location and configuration" using the following process: The City and District shall
cooperate to determine suitable areas based on areas not needed for replacement of the River
Mobile Home Park due to levee project displacement, and based on existing easements and
restrictions and existing stormwater facilities affecting the former Cnsta Ministries parcel. The
potential for relocating any existing easements and restrictions or existing stormwater facilities
currently affecting the former Cnsta Ministnes parcel may also be evaluated and accomplished
by the District. The location and configuration of the replacement park land shall be determined
in consultation with the City Director of Parks and Recreation. A boundary line adjustment or
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other method shall be implemented, permitted through the City's development review process
and fully funded by the Distnct to recognize City ownership distinct from the City stormwater
utility.
c If property on the former Cnsta Ministries site is available for conversion, the Distnct shall
fund all City costs associated with converting the stornwater property to
1) Conduct a new appraisal (under process in d, below),
2) Perform the process required for any boundary line adjustment, if needed, and
3) Negotiate and complete title work with RCO.
d. If acquiring the Distract shall pay the City the fair market value for the 2.99 acres from the
Cnsta Mimstnes parcel (Parcel # 1, above). The parties shall determine the fair market value
using the following process: The Distract shall, at its sole expense, obtain an appraisal. If the City
disagrees with the appraisal, it may hire its own appraiser at its own expense. If the two
appraisals are within 10% of each other, the parties agree to split the difference. If they are not,
each appraiser will jointly select a third appraiser, whose appraisal value shall be the final value
used and whose cost shall be split equally between the Parties
3. Trail Improvements as Consideration for Park Land
a. As consideration for lost park land from the City's park resources, the Distnct shall design and
construct a paved trail on the entire Phase 1 Reddington Levee so that the top of the levee meets
King County's multi -use paved trail specifications (the Green River Trail) and shall contain three
separate pedestrian access points that conform to the slope requirements of the Americans with
Disabilities Act, as mutually agreed upon by the City and County so that the public can access the
river bank from current or planned public roads within vicinity of the levee.
b. If, or when Phase 2 of Reddington Levee is constructed, the District agrees to pave the Phase 2
levee to the same specifications stated in Section 3a.
c. The City agrees to convey, at no additional cost, easements to the District over the City -owned
parcels necessary for the District to complete the Distnct's levee and to complete said trail
improvements. The City will convey easements for Trail Run Plat Park - Tract "0" and "P" when
the County has a confirmed date to begin Phase 2 construction. The City will retain rights to access
the levee trail at agreed upon selected points along the trail and retain rights for pedestrian and
hand carry boat access to the water of the Green River.
4. Miscellaneous
a. The City will prepare drafts of all easement documents based on District - provided legal
descriptions.
b The City will be responsible for recording all easements, and for providing copies to the
District.
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c. The parties agree to cooperate in obtaining RCO approval of City -owned property, and in
obtaining permits from agencies other than the parties' as necessary.
5. This Term Sheet does not create a binding agreement and further creates no obligation by or
among any of the Parties but outlines a general understanding between the Parties for the
development of a future binding Agreement. No Party shall have any recourse against the other
or its officials, boards, commissions, agents, or employees for any loss, costs, expense, or
damage arising out of this Term Sheet.
Entered into on the dates signed below:
CITYM
Peter B. Lewis, Mayor Date
KING COUNTY FLOOD CONTROL
DISTRICT, by and through its Service
Provider ng County,
/ 1/_ gaz,
Chri s rue, ►i erector DNRP 1 ate Ay
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