11-097 - City of Kent - Permitting Authority for Tukwila South Wetland Mitigation Area

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11 -097 Council Approval 6/20/2011 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF KENT GRANTING PERMITTING AUTHORITY TO TUKWILA FOR THE TUKWILA SOUTH WETLAND MITIGATION AREA THIS INTERLOCAL AGREEMENT "the Agreement') is entered into by and between the CITY OF TUKWILA, a State of Washington municipal corporation "Tukxvila"), and the CITY OF KENT, a State of Washington municipal corporation "Kent and in conformity with Chapter 39.34, Revised Code of Washington "RCW RECITALS WHEREAS, Segale Properties LLC is the proponent of a mixed -use development project, located within the City of Tukwila, commonly referred to as the "Tukwila South Project''; and WHEREAS, as mitigation for certain elements of the Tukwila South Project, Segale Properties LLC is required to implement a wetland mitigation plan, which plan has been approved by the City of Tukwila; and WHEREAS, the majority of the Tukwila South Project is in the City of Tukwila, however, a portion of the area identified as a wetland mitigation area for the Tukwila South project is within the jurisdictional limits of the City of Kent. The subject wetland mitigation area is described in Exhibit A, attached and incorporated herein by reference "Wetland Mitigation Area and WHEREAS, pursuant to a separate agreement, Segale Properties LLC has acquired fee simple interest in and to the drainage ditch previously owned by King County Drainage District No. 2 (the "District which drainage ditch is a single parcel located within the Wetland Mitigation Area and extends into the jurisdictions of Tukwila, Kent and King County. As part of its mitigation work, Segale Properties LLC shall relocate the portion of the existing Johnson Creek ditch north of S. 204 Street and within Tukwila's jurisdiction to a new area adjacent to the northern boundary of S. 204 Street. The east fork of the drainage ditch w=ithin Kent's jurisdiction shall remain unaffected. Upon completion of the above described revisions, Segale Properties is required pursuant to its agreement with the District to transfer and convey to the District the fee simple interest in and to the revised drainage ditch; and WHEREAS, Tukwila and Kent agree that granting permitting authority to Tukwila on behalf of Kent for the Wetland Mitigation Area will provide greater consistency for the Tukwila South project and cost efficiencies for both parties; and WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW 39.34; Page 1