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HomeMy WebLinkAbout5414 RESOLUTION NO. 5414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL LAND TRANSFER AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR THE TRANSFER OF DRAINAGE FACILITIES, PROPERTIES, AND EASEMENTS AND TO ACCEPT THE LAND TRANSFER. WHEREAS, King County owns drainage properties located within the City of Auburn, those properties serve City of Auburn residents, and the City of Auburn currently maintains and operates those drainage properties; WHEREAS, it is in the public's best interest that King County transfer ownership of the drainage properties and any accompanying access and/or drainage easements to the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an Intergovernmental Land Transfer Agreement between the City and King County, which agreement will be in substantial conformity with the agreement attached as Exhibit A. Section 2. The Mayor is authorized to accept the land transfer and implement those administrative procedures necessary to carry out the directives of this legislation. // // Resolution No. 5414 March 12, 2019 Page 1 of 2 Rev. 2018 Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this \'qday of qv 1, , 2019. CITY OF AUBURN ANCY B i IS, MA OR ATTEST: APPRO • B S TO FORM: Shawn Campbell, MMC, City Clerk Steven L. Gross, City A ttorney Resolution No. 5414 March 12, 2019 Page 2 of 2 Rev.2018 INTERGOVERNMENTAL LAND TRANSFER AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR THE TRANSFER OF DRAINAGE FACILITIES,PROPERTIES,AND EASEMENTS This Agreement is entered into between the City of Auburn("Auburn" or"City") and King County (the"County") (collectively,"the Parties"),to transfer from King County to the City ownership of and responsibility for drainage facilities,properties, and easements. WHEREAS, Auburn has an established program of services to address the management of storm and surface water runoff, and WHEREAS, over several decades the City has annexed areas containing drainage facilities and properties formerly owned and operated by the County but that have served the City since they were annexed, and WHEREAS, the City and the County believe that it is in the best interest of the public that King County transfer ownership of and/or responsibility for drainage facilities,properties, and easements located within Auburn boundaries to the City to be managed under its surface water program, and WHEREAS, pursuant to RCW 39.33,the Intergovernmental Disposition of Property Act, the parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE,the parties agree as follows: I. Purpose of the Agreement The purpose of this Agreement is to set forth the process by which King County will transfer to Auburn, in perpetuity, all of King County's ownership, maintenance, operation, and repair rights and obligations for drainage facilities,properties, and easements within the Auburn city limits. 1 H. Administration A. The Parties shall each appoint a representative to manage activities covered under this Agreement and to resolve any conflicts that arise ("Administrator") and shall each notify the other in writing of its designated Administrator. The Administrators shall meet as needed. Either Administrator may call a meeting with a minimum of ten(10) calendar days' written notice to the other. B. Any conflict that is not resolved by the Agreement Administrators within ten(10) working days of the meeting held to discuss the conflict shall be referred for resolution to the City of Auburn Director of Public Works or designee, and the King County Water and Land Resources (WLR) Division Manager. If the conflict cannot be resolved by the City of Auburn Director of Public Works and the WLR Division Manager, it shall be resolved by the City Mayor, or designee, and the Director of the King County Department of Natural Resources (DNR). III.Responsibilities of the Parties A. Auburn Responsibilities 1. On the effective date of this Agreement, the City shall assume full and complete ownership of and responsibility for the operation, maintenance,repairs, and any subsequent improvements to the drainage facilities and/or properties listed on Exhibit One and Exhibit Two ("Transferred Facilities/Properties"). Responsibilities include all financial responsibilities, including but not limited to financial responsibility for materials, construction, personnel, payroll, and purchasing costs incurred by the City of Auburn. The parties acknowledge that,prior to the execution of this Agreement, Auburn assumed operation and maintenance responsibility for the Transferred Facilities/Properties when the facility or property at issue was annexed. 2. The City shall abide by and enforce all terms, conditions,reservations,restrictions, and covenants to title. 3. The City will provide the County access to all relevant information that is maintained by the City in connection with the Transferred Facilities/Properties following transfer if legal action is brought or threatened against the County or the Parties jointly with regard to the Transferred Facilities/Properties. 2 4. The City will consult with the County before the destruction of any documentation associated with the Transferred Facilities/Properties for a period of seven(7)years. 5. Except for Environmental Claims,the City accepts the Transferred Facilities/Properties "as is." The County makes no warranty concerning such facilities,or properties other than as set forth in this Agreement. The City assumes full and complete responsibility for all operations, maintenance,repairs, and improvements for the drainage facilities and properties. B. King County Responsibilities 1. No later than 90 days after the effective date of this Agreement,the County will convey to the City by quit-claim deed the County-owned drainage properties listed on Exhibit Two. A copy of the proposed form of the deed is attached (Exhibit Three). 2. King County assigns to the City the drainage easement filed under recording number 940429-1595 and all other drainage and associated access easements or other property interests dedicated to King County or the public in the plats and/or short plats in areas annexed into the City since 1990. 3. No later than 90 days after the.effective date of this Agreement, King County will provide the City known and available copies of all warranties, maps,titles, "as bunts," maintenance logs and records,maintenance and performance standards, and all other records related to the Transferred Facilities/Properties. 4. King County will provide Auburn access to all relevant information that is maintained by the County in connection with the Transferred Facilities/Properties following transfer if legal action is brought or threatened against the City of Auburn or the Parties jointly with regard to the Transferred Facilities/Properties. C. Both Parties 1. Both parties will make staff available to identify and review any additional County- owned drainage properties and/or facilities to be conveyed to the City. These facilities and properties include those located in areas that may be annexed to the City in the future and those for which the County's facility acceptance process has not yet been completed. Additional County-owned drainage properties or facilities will be transferred to the City pursuant to this Agreement upon County approval. Documentation of additional facilities or properties to be transferred will be 3 memorialized by an amendment to this Agreement, pursuant to Section IV.C, The County agrees to prepare any additional deeds or transfer documents necessary for the transfer. 2. The records related to matters covered by this Agreement are subject to inspection, review or audit by either Party at the requesting party's sole expense. The records will be made available for inspection during regular business hours within a reasonable time of the request. IV.General Conditions A. This Agreement is effective upon the last date signed by the Parties. B. This Agreement may be amended, altered, or clarified only by written agreement of the Parties. C. This Agreement is a complete expression of the agreement between the Parties, and any oral or written representations or understandings not incorporated in this Agreement are excluded. D. Waiver of any default will not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement will not be deemed to be a waiver of any other or subsequent breach and will not be construed to be a modification of the terms of the Agreement unless the parties amend this Agreement. V. Indemnification and Hold Harmless A. Regarding the Transferred Facilities/Properties, except for Environmental Claims, as defined below, King County will indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages for injuries to persons or property damage ("Claims") arising out of the negligent acts or omissions of the County that occurred before the date those properties were annexed by the City. B. Regarding the Transferred Facilities/Properties, except for Environmental Claims, the City will indemnify and hold harmless the County and its elected officials, officers, agents or employees, or any of them, from and against any and all Claims arising out of the negligent acts or omissions of the City that occurred after the date the properties were annexed by the City. 4 C. With respect to Environmental Claims relating to the Transferred Facilities/Properties, nothing in this Agreement is intended to transfer, assign, eliminate, or modify any liability either Party may have to each other or to any other person, or to waive any statutory contribution, cost recovery, or other Claim that either Party may have against the other or against any other person. If the City is notified by the state Department of Ecology,the Environmental Protection Agency, or other regulatory agency on or after the effective date of this Agreement about potential liability, remedial action obligations or other Environmental Claims related to Transferred Facilities/Properties that may implicate or involve the County, the City will promptly notify the County in writing. If the City chooses to conduct an independent remedial action, as defined in MICA, for which the City may seek contribution or cost recovery from the County,the City will provide the County with a minimum of thirty(30) days advanced written notice prior to incurring any remedial action costs (including investigation costs) and ninety (90) days advanced written notice prior to • incurring remedial actions costs for which it may seek reimbursement from the County. For all other Environmental Claims relating to the Transferred Facilities/Properties, each Party agrees to provide the other with a minimum of ninety(90) days advanced written notice prior to asserting an Environmental Claim against the other party. The Parties agree to meet during this notice period to discuss potential remedial actions and resolution of any Claim. D. "Environmental Claims"means all Claims arising under any of the following as now or hereafter amended: the Comprehensive Environmental Response, Compensation and Liability Act(CERCLA), 42 U.S.C. § 9601 et seq; the Model Toxics Control Act(MTCA), RCW 70.105D; the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq.; or any other federal, state, or local law, including ordinances,rules and regulations, that relates to protection of human health and the environment, and that provides for strict liability'and joint and several liability. E. For a period of three (3)years following transfer, each Party to this Agreement will notify the other within ten(10) working days of all claims, actions, losses or damages that arise or are brought against that Party relating to the Transferred Facilities/Properties. F. Nothing in Section V. shall supersede or modify any existing agreements between the Parties. 5 VI.Notice Any notice required to be given under this Agreement will be directed to the Party at the address below. Notice will be considered effective upon receipt or twenty-four hours after mailing, whichever is earlier. King County: City of Auburn: Department of Natural Resources and Parks Assistant Director of Engineering Water and Land Resources Division 25 W Main St 201 S. Jackson St., Suite 600 Auburn, WA 98001 Seattle, WA 98104 Attn: Jacob Sweeting Attn: Josh Baldi, Director Email: JSweeting@auburnwa.gov 6 IN WITNESS WHEREOF,the parties hereto executed this Agreement on the of , 2019. KING COUNTY CITY OF AUBURN Dow Constantine, King County Executive ancy B s, Mayor Approved as to Form: Approved as to Form: Deputy Prosecuting Attorney f-141-Steve Gross, City Attorney 7 Exhibit One City of Auburn Drainage Facilities Facility Name ID # Facility Address 1. Arbor View D92313 114th Ave SE & SE 315th St 2. Auburn Hills D92428 11030 SE 319th P1 3. Royal Hills D92500 11200 SE 316th P1 4. Royal Hills D92501 11226 SE 315th Ct 5. Summerfield Estates D92439 11240.SE 320th St 6. Canterbury Ridge D91653 11208 SE 313th P1 7' Eagle Run D92359 31502 114th Ave SE 8. Green River Vista D91435 11002 SE 313th St 9' Hidden Valley Vista D91373 32760 111th P1 SE 10. Hillcrest East D90359 11420 SE 322nd PI 11. Hillcrest Estates #3 D91424 32113 112th PI SE 12. Webster Place D92195 31643 110th Ave SE 13. Campus Rim D92537 31666 114th AVE SE 14 Cobble Creek East D91780 30330 104th AVE SE 15. Cobble Creek II D91812 10238 SE 304th PL 16. Glenn Kara D92404 10010 SE 304th PL 17. Hazel Park N/A 11900 SE 304th ST 8 Exhibit Two Drainage Properties To Be Conveyed to the City of Auburn King County-Owned Drainage Tracts Tract A, Arbor View, as per plat recorded in Volume 167 of Plats, pages 66 through 68,records of King County, Washington. (Tax Account No.025505- 0170) Tract A, Auburn Hills, as per plat recorded in Volume 175 of Plats, pages 17 through 20, records of King County, Washington. (Tax Account No. 030310- 0190) Tracts B & D, Royal Hills, as per plat recorded in Volume 186 of Plats, pages 84 through 88,records of King County, Washington. (Tax Account No. 745740-0500 & 0510) Tract A, Summerfield Estates, as per plat recorded in Volume 183 of Plats, pages 48 through 51, records of King County, Washington. (Tax Account No. 807852-0410) Tract A, Eagle Run, as per plat recorded in Volume 176 of Plats, pages 1 through 3,records of King County, Washington. (Tax Account No. 214128- 0140) Tract A, Green River Vista, as per plat recorded in Volume 119 of Plats, pages 93 and 94,records of King County, Washington. (Tax Account No. 289240- 0140) Tract A, Hillcrest East, as per plat recorded in Volume 110 of Plats, pages 82 and 83,records of King County, Washington. (Tax Account No. 332680-0620) Tract A, Campus Rim, as per plat recorded in Volumn 190 of Plats,pages 41 through 43, records of King County, Washington. (Tax Account No. 132197-0340) Tract A, Cobble Creek, as per plat recorded in Volumn 136 of Plats,pages 80 through 82, records of King County, Washington. (Tax Account No. 165730-0560) Tract B, Cobble Creek II, as per plat recorded in Volumn 152 of Plats,pages 60 through 64, records of King County, Washington. (Tax Account No. 165731-0210) Tract A, Glenn Kara, as per plat recorded in Volumn 179 of Plats, pages 91 through 95, records of King County, Washington. (Tax Account No. 279860-0300) 9 Tract B, Hazel Park, as per plat recorded in Volumn 227 of Plats,pages 6 through 8, records of King County, Washington. (Tax Account No. 319150-0160) io Exhibit Three AFTER RECORDING RETURN TO: City of Auburn 25 W Main St Auburn, WA 98001 ATTN: Josh Arndt QUIT CLAIM DEED GRANTOR—King County,Washington GRANTEE—City of Auburn,Washington LEGAL— ( ' ] TAX NO. — ( ] The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefits, conveys and quitclaims to Grantee, CITY OF AUBURN, a State of Washington municipal corporation, the real property and easements described in EXHIBIT A, including after acquired title. The City of Auburn's covenants that it shall have full and complete responsibility for the operation, maintenance, repairs and any subsequent improvements to the drainage facilities and/or properties listed in EXHIBIT A for drainage purposes in perpetuity, which covenant is intended to be a running covenant burdening and benefitinh the land of the respective Parties and Parties' successors and assigns. GRANTOR—KING COUNTY BY: Anthony O. Wright TITLE: Director,Facilities Management Division DATE: Approved as to Form: BY: John Briggs, Senior Deputy Prosecuting Attorney NOTARY BLOCKS APPEAR ON NEXT PAGE 11 NOTARY BLOCK FOR KING COUNTY STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of , 2018, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared ANTHONY O. WRIGHT, to me known to be the Director, Facilities Management Division, and who executed the foregoing instrument and acknowledged to me that HE was authorized to execute said instrument on behalf of KING COUNTY for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington,residing at City and State Signature Printed Name My appointment expires 12 EXHIBIT A TO QUIT CLAIM DEED LEGAL DESCRIPTION • Tract A, Arbor View, as per plat recorded in Volume 167 of Plats, pages 66 through 68, records of King County,Washington. (Tax Account No.025505-0170) Tract A, Auburn Hills, as per plat recorded in Volume 175 of Plats, pages 17 through 20,records of King County,Washington. (Tax Account No. 030310-0190) Tracts B&D,Royal Hills,as per plat recorded in Volume 186 of Plats, pages 84 through 88,records of King County, Washington. (Tax Account No. 745740-0500& 0510) Tract A, Summerfield Estates, as per plat recorded in Volume 183 of Plats, pages 48 through 51, records of King County, Washington. (Tax Account No. 807852-0410) Tract A, Eagle Run,as per plat recorded in Volume 176 of Plats, pages 1 through 3,records of King County,Washington. (Tax Account No. 214128-0140) Tract A, Green River Vista, as per plat recorded in Volume 119 of Plats, pages 93 and 94, records of King County, Washington. (Tax Account No.289240-0140) Tract A,Hillcrest East,as per plat recorded in Volume 110 of Plats, pages 82 and 83,records of King County, Washington. (Tax Account No.332680-0620) Tract A, Campus Rim, as per plat recorded in Volumn 190 of Plats,pages 41 through 43, records of King County, Washington. (Tax Account No. 132197-0340) Tract A, Cobble Creek, as per plat recorded in Volumn 136 of Plats,pages 80 through 82, records of King County, Washington. (Tax Account No. 165730-0560) Tract B,Cobble Creek II,as per plat recorded in Volumn 152 of Plats,pages 60 through 64,records of King County, Washington. (Tax Account No. 165731-0210) Tract A, Glenn Kara,as per plat recorded in Volumn 179 of Plats,pages 91 through 95,records of King County, Washington. (Tax Account No. 279860-0300) Tract B, Hazel Park, as per plat recorded in Volumn 227 of Plats, pages 6 through 8, records of King County, Washington. (Tax Account No. 319150-0160) • 13