The URL can be used to link to this page

Home My WebLink AboutCOW 2014-01-27 COMPLETE AGENDA PACKETTukwila City Council Agenda • COMMITTEE OF THE WHOLE •• 4 11111114 Ilk Jim Haggerton, Mayor Counci /members: + Joe Duffie + Dennis Robertson -9 David Cline, CityAdministrator + Allan Ekberg + Verna Seal De'Sean Quinn, Counci/ President + Kathy Hougardy + Kate Kruller Monday, January 27, 2014, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. 2013 Business Recycler of the Year: King County Housing Authority. Rebecca Fox, Senior Planner. b. Alive and Free Program update. Sean Goode, South King County Supervisor. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 4. PUBLIC HEARING An ordinance vacating right -of -way within the City of Tukwila generally described as portions of 41st Avenue South adjoining South 144th Street. Pg.1 5. SPECIAL ISSUES a. Discussion of an ordinance vacating right -of -way within the City of Tukwila generally described as portions of 41st Avenue South adjoining South 144th Street. b. Discussion on Sound Cities Association King County transportation proposal. Pg.1 Pg.51 6. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURN TO SPECIAL MEETING • SPECIAL MEETING •• + Ord #2429 + Res #1815 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA Approval of vouchers. 3. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS nitials Meet/ q Date Prepared hy Ma or's review Council review 12/09/13 DCS L‘-‘ 01/27/14 DCS 02/03/14 DCS ITEM INFORMATION ITEM No. 4& 5.A. STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 12/9/13 .AGENDA FIEM Trn..,E An ordinance vacating a portion of 41st Avenue South CATEGORY Discussion Mtg. .Date 12/9/13 Motion Mtg Date 12/9/13 Resolution Mtg Date 12/9/13 Ordinance Mtg Date 2/3/14 [11 Bid Award Mtg Date Public Hearing Mtg Date 1/27/14 Other mtg Date SPONSOR LI Council .May or 111 HR 111 DCD Lil Finance 111 Fire [1] IT Pea II Police SP )N( )R'S SL SUMMARY The Council is being asked to hold a public hearing and approve an ordinance vacating the portion of 41st Avenue South that adjoins South 144th Street. This street vacation is necessary for the Tukwila Village development to proceed. REV I I ;',\VO:.,E) BY Ij COW Mtg. Ell CA&P Cmte 11 Utilities Cmte Arts Comm. DATE 11/26/13 F&S Cmte Transportation Cmte 11 Parks Comm. El Planning Comm. COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPoNseR/ADmIN. Department of Public Works and Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EX PIENIATURE REQUIRkD $0 AMOUNT BUDGETED $0 APPROPRIATtON REQUIRED $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/13 Adoption of Resolution setting public hearing date of 1/27/14 MTG. DATE ATTACHMENTS 1/27/14 Informational Memorandum dated 1/22/14 Ordinance in Draft Form Exhibit A: Legal description of street to be vacated Exhibit B: Survey map of street to be vacated Exhibit C: Temporary Access Easement (Normandy Court) with attachments D1, D2, D3 Exhibit D: Temporary Access Easement (Samara) with attachments D1, D2, and D3 2/3/14 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Derek Speck, Economic Development Administrator DATE: January 22, 2014 SUBJECT: Street Vacation of 41s, Avenue South ISSUE Council is being asked to approve an ordinance vacating the portion of 41st Ave S that adjoins S 144th St. BACKGROUND Since 1999 the City has been acquiring and clearing property at the intersection of Tukwila International BIvd and S j44th St for the Tukwila Village redevelopment project ject in order to eliminate blight and to revitalize the neighborhood. A portion Vf41mAve S lies within Tukwila Village project boundaries. E8dyiO its inception, the Tukwila Village project included the possibility of vacating 41 st Ave S in order to enable better site planning and more efficient development. DISCUSSION The City owns all of the parcels along the eas and wes sides of this portion of 41St Ave S. If the Street 5 vacated, the title of the|8Odw0U|dtheObe|oOg1Uth8CitVGs|8Od.bUtOot"hghtVfwm".Th8CityC0U|d1h8nS8Uthis property in combination with the land that is part of the Tukwila Village development. 41u Ave Sis the only public road providing access to the parking lot that is on Normandy Court property. As such, the City is legally bound to ensure the Normandy Court property continues to have reasonable access to a public road such as S 1441h St or Tukwila International BIvd. The proposed ordinance includes conditions that would require easements be executed in order to ensure that access. The Sama have a 25' wide easement across the Normandy Court parking lot from the Sama property to 41st Ave S. Although the City is not legally bound to provide public access to the Samara property since it already has good access on 42nd Ave S, the Samara and City desire to have continued access for emergency vehicles. The proposed ordinance includes conditions that would require easements be executed in order to ensure that access. FINANCIAL IMPACT As the City owns the street and adjacent parcels, there will be no cost or budgetary impact. RECOMMENDATION Council is being asked to hold a public hearing at the January 27, 2014 Committee of the Whole meeting and approve an ordinance vacating the portion of 41st Ave S that adjoins S 144th St at the February 3, 2014 Regular meeting. Attachments: Draft Ordinance Exhibit A: Legal Description of Right of Way to be vacated Exhibit B: Survey Map of Right of Way to be vacated Exhibit C: Temporary Access Easement (Normandy Court) Attachment 01: Legal Description of Tukwila Village properties Attachment C2: Map of Tukwila Village properties Attachment C3: Map of easement area Exhibit D: Temporary Access Easement (Samara) Attachment D1: Legal D ot Tukwila Village properties Attachment D2: Map of Tukwila VIIage propertes Atlachment D3: Map of easement area 4 D':AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF 41ST AVENUE SOUTH; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation procedures including a public hearing by resolution, review and comment, public notification, and submittal of relevant information to City Council; and WHEREAS, upon petition by the City, the City Council of the City of Tukwila passed Resolution No. 1810, dated December 9, 2013, fixing the time for a public hearing for vacation of right -of -way within the City of Tukwila dedicated for street purposes; and WHEREAS, the City Council conducted a public hearing on January 27, 2014 for the purpose of considering the vacation of portions of 41st Avenue South located in the City of Tukwila, at which time all persons interested in said vacation were invited to appear and be heard; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to certain conditions identified in this ordinance; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, the City of Tukwila and Normandy Court Holdings, LLC are the property owners abutting the 41st Avenue South right -of -way; and WHEREAS, Samara Hubner Incorporated is a property owner with an easement connecting to the 41st Avenue South right -of -way; W: Word Processing \Ordinances \41st Ave S street vacation 1 -22 -14 DS:bjs Page1 of 3 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Vacation. The following property located in the City of Tukwila is hereby vacated: That portion of 41st Avenue South adjoining South 144th Street, as more particularly described in the legal description attached as Exhibit A and depicted on the map attached as Exhibit B. Section 2. Consideration. Because the vacation is petitioned by a government agency, which is the City of Tukwila, the City waives compensation requirements. Section 3. Conditions Precedent. This vacation is conditioned upon satisfaction of the following: 1. Execution of a temporary easement for pedestrian and vehicle access to the property located at 14225 42nd Avenue South known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000. Such easement shall be in substantially the same form as that attached as Exhibit C. 2. Execution of a temporary easement for emergency vehicle access to the property at 14201 42nd Avenue South known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191. Such easement shall be in substantially the same form as that attached as Exhibit D. 3. Execution of a temporary easement benefitting Valley View Sewer District for the existing sewer main to remain in place until such time as it is relocated to facilitate the Tukwila Village Project. This temporary easement shall terminate upon execution of a permanent easement for Valley View Sewer's relocated facilities within the Tukwila Village Project area. 4. Execution of a temporary easement benefitting Water District 125 for the existing water main to remain in place until such time as it is relocated to facilitate the Tukwila Village Project. This temporary easement shall terminate upon execution of a permanent easement for Water District 125's relocated facilities within the Tukwila Village Project area. Section 4. Duties. A. The City Clerk is hereby directed to record a copy of this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. B. Upon the recording of a copy of the ordinance, the City Public Works Department shall amend the City's official street map to be consistent with this ordinance. W: Word Processing \Ordinances \41st Ave S street vacation 1 -22 -14 DS:bjs 6 Page 2 of 3 Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Ordinance Effective Date. This ordinance shall take effect five days after passage and publication as provided by law; provided that the vacation specified above shall not become effective until the conditions contained herein have been fully satisfied. Section 8. Vacation Effective Date. This street vacation shall take effect once all the conditions have been met, and all documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Attachments: Exhibit A — Exhibit B — Exhibit C — Exhibit D — Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Legal Description Map Temporary Access Easement (with Normandy Court Holdings, LLC) (plus Attachments C1, C2 and C3 —with attachments C3a and C3b) Temporary Access Easement (with Samara Hubner, Inc.) (plus Attachments D1, D2 and D3 —with attachments D3a and D3b) W: Word Processing \Ordinances \41st Ave S street vacation 1 -22 -14 DS:bjs Page 3 of 3 7 8 41st Avenue S. Vacation Documents Vacation Ordinance Exhibit A: Legal description of 41st Avenue S. Exhibit B: Map of 41St Avenue S. Exhibit C: Temporary Access Easement (for Normandy Court) • Attachment C1: Legal descriptions of Tukwila Village properties • Attachment C2: Depiction of Tukwila Village properties • Attachment C3: Permanent easement o Attachment C3a: Legal description of access easement o Attachment C3b: Map of access easement Exhibit D: Temporary Access Easement (for Samara) • Attachment D1: Legal descriptions of Tukwila Village properties • Attachment D2: Depiction of Tukwila Village properties • Attachment D3: Permanent easement o Attachment D3a: Legal description of access easement o Attachment D3b: Map of access easement 9 10 Exhibit A to Ord. No. LEGAL DESCRIPTION RIGHT -OF -WAY VACATION That portion of 41st Avenue South as dedicated by the Plat of Cherry Lane, recorded in Volume 48 of Plats, at Page 21, records of King County, Washington, Lying North of a line parallel with and 30.00 feet North of the South line of the Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian. Containing approximately 23,967 square feet. Project Name: Tukwila Village Mav 31. 2012 11 12 Exhibit B to Ord. No. 1'=80' PARCEL A PARCEL D .P. NO. 00-0-88 RIEC.R10. 0010240814 LOT :1 CHEP.RY FO.21 RIGHT—OF—WAY VACATION 23,967± S.F. 144TH ST. 0 E 0 CJ Cr, 0 5255tEXH01 0 0 S. UNE SE17 4 SW1/4 SEC.15 SCALE: HORIZONTAL 1-=.80. VERTICAL N/A .Ai, 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251-6222 (425)251-8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ''"er ergo ENVIRONMENTAL SERVICES For: TUKWILA VILLAGE JOB NUMBER 15255 15255L.001.DOC Title: RIGHT-OF-WAY VACATION SHEET ESIGNED XX IDR4WN STM 'CHECKED BOG !APPROVED L3DG IDATE 05-31-12 13 14 Exhibit C to Ord. No. TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ( "Easement ") dated , 2014 ( "Effective Date "), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into a Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). The legal description of the parcels that make up the Property is attached hereto as Attachment C1 and depicted on the map attached hereto as Attachment C2. B. On or about the Effective Date, the City will vacate a portion of the right of way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000 (the "Normandy Court"). D. The Vacated Road is currently used for pedestrian and vehicular access to the Normandy Court. E. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for pedestrian and vehicular access to the Normandy Court from Tukwila International Boulevard and South 144th Street. F. Temporary access to the Normandy Court by vehicles and pedestrians is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 15 Exhibit C 1. Access Easement. The City grants to Grantee a temporary, non- exclusive easement for ingress and egress in, on, over, upon and across the Property in the form of a paved surface no less than 20 feet wide that will connect the Normandy Court Apartments to either Tukwila International Boulevard, South 144th Street, or both (the "Access Road "). The Access Road shall be relocated on the Property from time to time to accommodate construction of the Tukwila Village Project. 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors.and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 6. Termination. This Temporary Access Easement shall automatically terminate upon execution of a permanent access easement benefitting the Normandy Court that is in substantially the same form as that attached hereto as Attachment C3. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 16 Exhibit C STATE OF WASHINGTON ) COUNTY OF ) ) ss. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 17 18 Attachment Cl Legal Descriptions of Tukwila Village Properties PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE. CITY OF SEATTLE. AS PER PLAT RECORDED LN VOLUME 13 OF PLATS. PAGE 12. RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE NTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH S12.6 FEET OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF: THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377; THENCE EASTERLY ALONG SAID NORTH LLNE TO A POLNT WHICH BEARS SOUTH 01 °27'30" WEST FROM THE TRUE POINT OF BEGLNNNING; THENCE CONTLNNUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET; THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGLI-NING. PARCEL A -1: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LLNE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POLNT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST ii'.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH POLNT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST M ARGLN OF SAID HIGHWAY DISTANT 23.40 FEET, MORE OR LESS. WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY; SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 1 19 Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL B: THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.. LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH): SITUATE IN THE CITY OF TUKWILA COL 'TY OF KING. STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLLT11'IE 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON; PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M., LYING EASTERLY OF THE STATE HIGHWAY NO. 1: EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH. CONVEYED TO KUNG COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON. PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: 2 20 Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7, CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED MI VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL I: THE SOUTH 84 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, N KING COUNTY, WASHINGTON: Assessor tax parcel numbers: 152304- 9092 -02, 152304- 9096 -08, 152304 - 9242 -01, 155420- 0005 -09, 155420- 0010-02, 155420- 0015 -07, 155420 - 0020 -00, 155420- 0030 -08, 155420 - 0036 -02, 155420 - 0025 -00, 155420 - 0037 -01, 155420- 0033 -05, 155420 - 0035 -03, and 155420 - 0034 -04. 3 21 22 Attachment C2 Depiction of Tukwila Village Properties The parcels A through I as indicated on the map below. Parcel J is not included. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. 1 23 24 Attachment C3 to Temporary Access Easement ACCESS EASEMENT THIS ACCESS EASEMENT ( "Easement ") dated 2014 ( "Effective Date "), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into the Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). B. On , the Tukwila City Council passed Ordinance No. , vacating a portion of the right -of -way commonly known as 41St Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road reverted to the City by operation of law once the vacation was complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000 (the "Normandy Court") which was previously accessed via the Vacated Road. D. On , the City granted Grantee a temporary easement to allow vehicle and pedestrian access to the Normandy Court during construction of the Tukwila Village Project. E. The City now desires to grant a permanent easement for vehicular and pedestrian access to the Normandy Court, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: , 25 Attachment C3 1. Access Easement. The City grants Grantee a permanent, non - exclusive easement for ingress and egress by pedestrians and vehicles in, on, over, upon and across the property legally described in Attachment C3a attached hereto and depicted on Attachment C3b attached hereto (the "Easement Area "). 2. Reservation of Rights. The City reserves the right to use the Easement Area for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 26 Attachment C3 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 27 28 Attachment C3a LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Boundary Line Adjustment No. recorded under King County Recording No. , more particularly described as follows: COMMENCING at the Southeast comer of said Parcel B; THENCE North 87 °35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01 °27'33" East, 155.74 feet to a point on a non - tangent curve, the radius of which bears North 88 °32'36" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59 °20'42 ", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °1818 ", and an arc length of 34.72 feet; THENCE North 08 °25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06 °57'36 ", and an arc length of 25.87 feet; THENCE North 0102724" East, 108.76 feet to a point on a non - tangent curve, the radius of which bears South 68 °07'36" East; THENCE Northeasterly along the arc of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18 °19'51 ", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet, through a central angle of 50 °49'27", and an arc length of 8.85 feet; THENCE South 88 °5818" East, 7.92 feet to the East line of said Parcel A; THENCE North 07 °1512" West, 28.29 feet along said East line; THENCE North 88 °32'36" West, 3.73 feet to a point on a non - tangent curve, the radius of which bears North 06 °07'01" East; THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius of 10.08 feet, through a central angle of 72 °43'12 ", and an arc length of 12.79 feet to a point on a non tangent curve, the radius of which bears South 78 °59'31" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet, through a central angle of 77 °32'07 ", and an arc length of 62.25 feet; THENCE North 88 °32'36" West, 42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11°01'16", and an arc length of 19.38 feet; THENCE North 80 °15'52" West, 17.62 feet to the North line of said Parcel A; THENCE South 73 °14'00" West, 21.80 feet along said North line to the Northwest corner of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 80 °09'16" West; THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °28'32 ", and an arc length of 16.27 feet; Project Name: Tukwila Village August 6, 2013 BDG 15255L.006.doc Exhibit: 15255EXH06- ACC.dwg Page 1 of 2 29 Attachment C3a Continued LEGAL DESCRIPTION OF ACCESS EASEMENT THENCE South 80 °15'52" East, 36.64 feet to a point on a non - tangent curve, the radius of which bears North 12 °10'48" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10 °43'25 ", and an arc length of 23.72 feet; THENCE South 88 °32136" East, 42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90 °00'00 ", and an arc length of 31.42 feet; THENCE South 01°27'24" West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06 °57'36 ", and an arc length of 22.72 feet; THENCE South 08 °25'00" West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet, through a central angle of 24 °5319 ", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42 °57'03 ", and an arc length of 22.49 feet; THENCE North 71°14'17" West, 104.01 feet; THENCE North 70 °32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 71 °23'01" West; THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °45'36 ", and an arc length of 26.00 feet; THENCE South 70 °32'36" East, 6.30 feet; THENCE South 71°33'50" East, 111.52 feet to a point on a non- tangent curve, the radius of which bears North 03 °43'25" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44°50'01", and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132 °34'01 ", and an arc length of 118.00 feet; THENCE South 01 °27'24" West, 155.31 feet to the South line of said Parcel C; THENCE South 87 °35'31" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village August 6, 2013 BOG 15255L.006.cfoc Exhibit: 15255 EXH06 -AC C. dwg 30 Page 2 of 2 Attachment C3b MAP OF ACCESS EASEMENT GRAPHIC SCALE 75 150 = 150 FEET ACCESS EASEMENT SCALE: HORIZONTAL 1.:=150. VERTICAL N/A GHAO 18215 72ND AVENUE SO KENT, WA 98032 425)251-6222 425)251-8782 FAX . cra ENGINEERING, LAND PLANNING, SURVEYING, c' SERVICES DESIGN For: TUKWILA VILLAGE Tit : ACCESS EASEMENT EXHIBIT CHECKED ; _ 08 Alt! 2 31 32 Exhibit D to Ord. No. TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ( "Easement ") dated , 2014 ( "Effective Date "), is granted to SAMARA HUBNER INC., a Washington corporation (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into a Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). The legal description of the parcels that make up the Property is attached hereto as Attachment D1 and depicted on the map attached hereto as Attachment D2. B. On or about the Effective Date, the City will vacate a portion of the right of way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14201 42nd Avenue South, known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191 (the "Samara "). D. The Vacated Road is currently used for emergency vehicle access to the Samara. E. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for emergency vehicle access to the Samara from Tukwila International Boulevard and South 144th Street. F. Temporary access to the Samara by emergency vehicles is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, subject to the terms and conditions set forth in this easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made by Grantor: 33 Exhibit D 1. Access Easement. The City grants to Grantee a temporary, non- exclusive easement for ingress and egress by emergency vehicles in, on, over, upon and across the Property in the form of a paved surface no less than 20 feet wide that will connect the Samara to either Tukwila International Boulevard, South 144th Street, or both (the "Access Road "). The Access Road shall be relocated on the Property from time to time to accommodate construction of the Tukwila Village Project. 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 6. Termination. This Temporary Access Easement shall automatically terminate upon execution of a permanent access easement benefitting the Samara that is in substantially the same form as that attached hereto as Attachment D3. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 34 Exhibit D STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 35 36 Attachment Dl Legal Descriptions of Tukwila Village Properties PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE, AS PER PLAT RECORDED LN VOLUME 13 OF PLATS_ PAGE 12, RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST WM. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 512.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1>4: THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01°27'30" WEST FROM THE TRUE POINT OF BEGINNING: THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 114 OF SOUTH SOUTHWEST 1'4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET: THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING. PARCEL A -1: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY ',NE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 395.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE PONT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST MARGL\ OF SAID HIGHWAY DISTANT 23.40 FEET. MORE OR LESS, WEST OF THE [[BST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY; SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 1 37 Attachment D1 Legal Descriptions of Tukwila Village Properties (continued) PARCEL B: THE NORTH 1S5.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH): SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 15. TO`1SHIP 23 NORTH. RANGE 4 EAST W.M., LYING EASTERLY OF THE STATE HIGHWAY NO. 1; EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1155645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGH-WAY SOUTH, CONVEYED TO KUNG COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHLNGTON. PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314_ BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: 2 38 Attachment Di Legal Descriptions of Tukwila Village Properties (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7, CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED L?v VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL I: THE SOUTH 84 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY, WASHINGTON: Assessor tax parcel numbers: 152304- 9092 -02, 152304 - 9096 -08, 152304 - 9242 -01, 155420- 0005 -09, 155420- 0010-02, 155420 - 0015 -07, 155420- 0020 -00, 155420 - 0030 -08, 155420 - 0036 -02, 155420- 0025 -00, 155420 - 0037 -01, 155420- 0033 -05, 155420 - 0035 -03, and 155420- 0034 -04. 3 39 40 Attachment D2 Depiction of Tukwila Village Properties The parcels A through I as indicated on the map below. Parcel J is not included. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. ?..f RVP.Aiu:+ 2Jt O) 'a. *.N.t x ' SF n ^ n 1 11 1376.:} `"' - - -�- — _ $-ts9?kf_ST-------- 1 41 42 Attachment D3 to Temporary Access Easement ACCESS EASEMENT THIS ACCESS EASEMENT ( "Easement ") dated 2014 ( "Effective Date "), is granted to SAMARA HUBNER INC, a Washington corporation (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into the Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). B. On , the Tukwila City Council passed Ordinance No. , vacating a portion of the right -of -way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road reverted to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14201 42nd Avenue South, known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191 (the "Samara "), which was previously accessed via the Vacated Road. D. On , the City granted Grantee a temporary easement to allow for emergency vehicle access to the Samara during construction of the Tukwila Village Project. E. The City now desires to grant a permanent easement for emergency vehicle access to the Samara, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. Access Easement. The City grants Grantee a permanent, non - exclusive easement for ingress and egress by emergency vehicles in, on, over, upon and across the property legally described in Attachment D3a attached hereto and depicted on Attachment D3b attached hereto (the "Easement Area "). 43 Attachment D3 2. Reservation of Rights. The City reserves the right to use the Easement Area for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 44 Attachment D3 STATE OF WASHINGTON ) COUNTY OF ) ) ss. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 45 46 Attachment D3a LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Boundary Line Adjustment No. recorded under King County Recording No. , more particularly described as follows: COMMENCING at the Southeast corner of said Parcel B; THENCE North 87 °35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01 °27'33" East, 155.74 feet to a point on a non - tangent curve, the radius of which bears North 88 °32'36" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59 °20'42 ", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °1818" and an arc length of 34.72 feet; THENCE North 08 °25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06°5T36", and an arc length of 25.87 feet; THENCE North 01 °27'24" East, 108.76 feet to a point on a non - tangent curve, the radius of which bears South 68°0T36" East; THENCE Northeasterly along the arc of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18 °19'51 ", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet, through a central angle of 50 °4927 ", and an arc length of 8.85 feet; THENCE South 88 °58'18" East, 7.92 feet to the East line of said Parcel A; THENCE North 07 °1512" West, 28.29 feet along said East line; THENCE North 88 °32'36" West, 3.73 feet to a point on a non - tangent curve, the radius of which bears North 06 °07'01" East; THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius of 10.08 feet, through a central angle of 72 °4317, and an arc length of 12.79 feet to a point on a non - tangent curve, the radius of which bears South 78 °59'31" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet, through a central angle of 77 °32'07 ", and an arc Length of 62.25 feet; THENCE North 88 °32'36" West, 42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11°01'16", and an arc length of 19.38 feet; THENCE North 80 °15'52" West, 17.62 feet to the North line of said Parcel A; THENCE South 73 °14'00" West, 21.80 feet along said North line to the Northwest corner of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 80 °09'16" West; THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °28'32 ", and an arc length of 16.27 feet; Project Name: Tukwila Village August 6, 2013 Page 1 of 2 BDG 15255L,006.doc Exhibit 15255EXH06- ACC.dwg 47 Attachment D3a Continued LEGAL DESCRIPTION OF ACCESS EASEMENT THENCE South 80 °15'52" East, 36.64 feet to a point on a non-tangent curve, the radius of which bears North 12 °10'48" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10 °43'25 ", and an arc length of 23.72 feet; THENCE South 88 °32'36" East, 42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90 °00'00 ", and an arc length of 31.42 feet; THENCE South 01°27'24" West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06 °57'36 ", and an arc length of 22.72 feet; THENCE South 08 °25'00" West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet, through a central angle of 24 °5319 ", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42 °57'03 ", and an arc length of 22.49 feet; THENCE North 71 °14'17" West, 104.01 feet; THENCE North 70 °32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non-tangent curve, the radius of which bears North 71 °23'01" West; THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °45'36 ", and an arc length of 26.00 feet; THENCE South 70 °32'36" East, 6.30 feet; THENCE South 71 °33'50" East, 111.52 feet to a point on a non - tangent curve, the radius of which bears North 03 °43'25" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44°50'01", and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132°34'01", and an arc length of 118.00 feet; THENCE South 01 °27'24" West, 155.31 feet to the South line of said Parcel C; THENCE South 87 °35'31" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village August 6, 2013 BDG 15255L.006.doc Exhibit: 15255EXH06- ACC.dwg 48 Page 2 of 2 Attachment D3b MAP OF ACCESS EASEMENT SCALE: HORIZONTAL VERTICAL N/A 18215 72ND AVENUE SOUTH KENT, WA 98032 425)251 -6222 425)251 -8782 FAX ML ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES DRAWN For: TUKWILA VILLAGE Title: ACCESS EASEMENT EXHIBIT APPROVED, JOB NUMBER 15255 49 50 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by i;orprew Council review 01/27/14 LH ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: KATE KRULLER 0 RIGINAI AC; INDA DATE: 01/27/14 AGENDA ITEM Mu,. Discussion on Sound Cities Association Proposed Policy Position on King County Transportation Benefit District. CATEGORY Discussion Mtg Date 1/27/14 [1] Motion Alts Date El Resolution AfigDale Ordinance Mtg Date 0 Bid Award Mfg Date D Public .Hearing Mtg .Date LI Other Mt& Date SPONSOR Council fl Mayor L HR DCD LJ Finance L Fire El IT LI P&R my SPONSOR'S SUMMARY The Sound Cities Association Public Issues Committee has asked its members to seek input from their Councils on a proposed policy position regarding the formation of a countywide Transportation Benefit District, with 60% of the funds going to Metro for transit funding and the remaining 40% being distributed to the County and cities based on population. REVIIAVED BY LI COW Mtg. 0 Utilities Crrite DATE: N/A CA&P Crnte A.rts Comm. LJ F&S Cmte 0 Transportation Cinte 0 Parks Comm. El Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPoNsoR/ADmiN. City Council COMMITTEE COST IMPACT / FUND SOURCE EXPENDI FUR]: RI ]1t11 $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: C0171MentS: MTG. DATE RECORD OF COUNCIL ACTION 1/27/14 MTG. DATE ATTACHMENTS 1/27/14 Informational Memorandum dated 1/22/14 Excerpt from 1/8/14 SCA PIC meeting packet, item 9 Excerpt from draft 1/8/14 SCA PIC meeting minutes, item 9 Draft King County 2015 Transportation Benefit District distribution estimates 51 52 City of Tukwila Jim Nagger-ton, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Kate Kruller, City Council Representative on SCA Public Issues Committee DATE: January 22, 2014 SUBJECT: Proposed Policy Position on County Transportation Benefit District Proposal— SCA Public Issues Committee ISSUE The Sound Cities Association Public Issues Committee has asked its members to seek input from their Councils on a proposed policy position regarding the formation of a countywide Transportation Benefit District, with 60% of the funds going to Metro for transit funding and 40% being distributed to the County and cities based on population for other transportation needs as determined by the local jurisdiction. This proposed policy statement will be on the February PIC agenda for further discussion and possible vote. BACKGROUND Support of SCA policy statements by the City does not require a Council vote, Discussion and consensus will provide the appropriate direction for the City's Representative, Councilmember Kruller, to report back to the Committee. It is important to remember that SCA advocates for and collaborates to create regional solutions for its membership. This means that policy statements are reflective of mutual support, respect, trust, fairness and integrity for the greater good of the association and its membership. Additionally, a policy statement supported by the SCA may not necessarily be a policy statement support by the City of Tukwila. According to its operating policies, the PIC does not make policy recommendations to the SCA Board that are divisive among the members of SCA, and SCA does not take policy positions that are harmful to the interests of any member city, even if favored by a supermajority of members. ATTACHMENTS 1. Excerpt from January 8, 2014 SCA PIC meeting packet — Item 9 2. Excerpt from draft minutes from January 8, 2014 SCA PIC meeting — Item 9 3. Draft King County 2015 Transportation Benefit District Distribution Estimates 53 54 January 8, 2014 Item 9: Transportation Funding Potential Future Action Item SCA Staff Contact Deanna Dawson, Executive Director, offlce 206-433-7170, Deannasoundctesorg Monica Whitman, Senior Policy Analyst, office 206'433'7169, Potential future action: Background On June 19, 2013 the Sound Cities Association Board unanimously adopted a position of support for passage of a statewide transportation package in order to address our state's critical transportation infrastructure needs. The Board also adopted a position of support for additional local options to address the transportation needs of counties and cities. Specifically, SCA urged the legislature to give local jurisdictions an additional funding mechanism in the form of authority to enact an up to 1.5% Motor Vehicle Excise Tax. SCA also supported the legislature designate that in King County, 60% of revenues raised by this funding mechanism be allocated to transit, with 40% allocated to cities and the county (distributed based on population) for Iocal transportation needs. Despite numerous negotiating sessions, the legislature was unable to come to agreement on a package in 2013. (See attachment A, Joint Statement from the Governor and bipartisan House and Senate transportation negotiators on transportation revenue package negotiations.) January 8, 2014 Item 9: Transportation Funding Page 19 of 72 Meanwhile, our cities and King County face significant transportation needs. While sales tax projections and labor negotiations with Amalgamated Transit Union (ATU) Local 587 have been encouraging, King County still faces the need for significant cuts to service at Metro Transit without additional funding sources. These cuts would be particularly devastating to residents of SCA member cities. As noted in past discussions, the bus is the family car for many residents in our cities. Substantial cuts to bus service would make it difficult or impossible for residents to get to their jobs, and needed community services. The need for additional transportation funding for local roads and other local transportation infrastructure is similarly critical. Cities in King County maintain five thousand five hundred miles of streets plus bridges, sidewalks, drainage systems, traffic signals, bicycle and pedestrian facilities and trails. Revenue sources currently available to cities are not keeping pace with the costs of replacement and expansion to meet growth. King County cities have experienced a substantial downturn in revenues in the past decade. Many cities in King County have been forced to supplement their road funds with general fund dollars, which have themselves not been keeping pace with inflation. Using general fund dollars to maintain roads and other transportation infrastructure means that there are fewer dollars available to fund public safety, parks, human services, and other critical city services. A lack of dedicated funding for transportation projects has made it increasingly difficult for King County cities to raise matching funds to compete for State and Federal transportation grant dollars, and State and Federal transportation grant opportunities have dwindled. King County cities are beset by failing roads and bridges, congested corridors and bottlenecked interchanges, which undermine the mobility of vehicles, buses and freight carriers to transport people and goods. Cities in King County have over $1.3 billion in maintenance and preservation needs alone over the next six years, and have identified a need of over $3 billion for mobility projects over the next six years. Cities in King County are responsible for the repair and replacement of 22 bridges in King County with a sufficiency rating of fifty or less, equating to more than $775 million in bridge repair /replacement costs over the next six years. The lack of adequate transportation funding for Cities is a public safety crisis in King County. In 2013, the State Legislature balanced its operating budget in part by transferring all available funds from the Public Works Trust Fund, and directed most of the future tax revenues for the Public Works Trust Fund into K -12 education for the next six years. The Public Works Trust Fund provided grants and low- interest loans to local governments for the repair and maintenance of infrastructure. This action by the Legislature has resulted in a substantial reduction of funds available for King County cities, and has been a particular blow to smaller cities in King County. January 8, 2014 56 Item 9: Transportation Funding Page 20 of 72 Without an additional source of revenue, many transportation infrastructure projects planned by cities will not be able to move forward. Many member cities have indicated that they cannot afford to wait for additional funding to maintain their transportation infrastructure. Due to these needs, the King County Council is looking at moving forward with a ballot measure in 2014 to provide additional funding for transit, roads, and other transportation infrastructure. Existing State law would enable the King County Council to create a Transportation Benefit District (TBD), and (with voter approval) to raise revenues through funding sources including a sales tax, and a vehicle license fee. The County Council and Executive have proposed bringing this forward to the voters as a ballot measure as early as April 2014. Prior to going on recess in 2013, the County Council introduced two ordinances which would (if approved) establish a countywide TBD (see attachments B and C). The language is very similar in both ordinances. The second ordinance, attachment C, includes a resolution (see attachment D) authorizing the TBD to impose a sales tax and vehicle license fee with voter approval. Existing State law enables a County to form a TBD and to enact (with voter approval) a sales tax of up to .2% and a vehicle license fee of up to $100. Many cities in King County have formed their own TBD and enacted a vehicle license fee of $20. A vehicle license fee of $80 or less would not interfere with these already enacted TBDs, or cities that may wish to create a TBD within their cities in the future. A .1% sales tax would raise approximately $50 million annually, and a $60 vehicle license fee would raise approximately $80 million annually. Combined, these sources would raise over $130 million, which is similar in scope to the approximately $140 million that would have been raised by the local option sought by SCA from the legislature in 2013. (According to recent estimates, the total allocation to King County cities based on this funding source and the 60/40 revenue sharing proposal would amount to over $53,000,000 in 2015.) The proposal before the PIC is to bring forward a public policy position similar to that approved by SCA in 2013, and to support formation of a countywide TBD, with 60% of the funds going to Metro for transit funding and 40% being distributed to the County and cities based on population for other transportation needs. These would include local roads, but may also include sidewalks, bike paths, additional transit, or other transportation purposes, as determined by the particular needs of the local jurisdiction. In order to ensure that dollars can be used as effectively and efficiently as possible to address the pressing transportation needs of each individual jurisdiction and to avoid the creation of additional burdensome bureaucracies, it is proposed that the funding raised be provided to local jurisdictions through a direct distribution. January 8, 2014 Item 9: Transportation Funding Page 21 of 72 57 The proposal supported by SCA in 2013 was born of much collaboration and compromise between SCA's member cities, the City of Seattle, and King County, who worked together to come up with a package that could serve the needs of citizens and jurisdictions throughout our county. It is a balanced package that ensures that transportation needs are addressed holistically, with a healthy mix of funding for transit, rural roads, city streets, and other transportation needs in cities. We recognize that we cannot view our infrastructure needs in isolation, and that we need to partner together to make strategic investments now as a region in order to keep our economy growing. The proposal has been supported by a broad coalition of local leaders, and SCA has been working in close partnership with a countywide coalition of regional community, business and labor leaders, and environmental, transit, education, social services, and social justice advocates known as Move King County Now. Due to the fact that the legislature did not pass a statewide transportation package or give local jurisdictions new tools to address their transportation needs in 2013, this coalition is now focused on moving forward with using existing tools to solve the transportation funding crisis in King County. The County Council is on recess until January 13, 2014, and may move quickly upon returning if an April ballot date is chosen. PIC Chair Bernie Talmas, SCA Vice President John Marchione, and SCA Executive Director Deanna Dawson will keep SCA members informed of ongoing developments and need for possible action between the January 8, 2014 PIC meeting date and our next regularly scheduled PIC meeting on February 12, 2014. Attachments A. Joint Statement from the Governor and bipartisan House and Senate transportation negotiators on transportation revenue package negotiations B. TBD Ordinance 2013 -0527 C. TBD Ordinance 2013 -0526 D. Resolution authorizing sales tax and vehicle license fee January 8, 2014 58 Item 9: Transportation Funding Page 22 of 72 JAY St„ft GOvernot Dec. 18, 2013 Contacts: firrArE OF WASIIINGTON Office of the Governor Attachment A to Item 9 David Postman, Governor Ins lee's Communications Office 1 360-902-4136, david.postman_Egov.wa,gov Joint Statement issued tonight from Governor Jay Ins lee and the bipartisan House and Senate transportation negotiators on the next phase of transportation revenue package negotiations "Through 12 negotiating sessions we made progress on finding a compromise package of statewide transportation improvements. But today it has become clear this phase of the process has run its course and we have not reached an agreement. "We agree that transportation infrastructure is important to our state and we remain committed to finding a solution in the regular legislative session that works for everyone. "The next step in this process will be to continue this dialogue in the legislative process." # # # www,...governor.wa,vpv 03ovIn.slee :(c!. -aStateGov www.t3cetokc1 nl_PA■a5,.,tateGov January 8, 2014 Item 9: Transportation Funding Page 23 of 72 59 Attachment B to Item 9 Date Created: 12 -16 -13 Drafted by: jr Sponsors: Rod Dembowski, Kathy Lambert, Larry Phillips Attachments: 1 ..title 2 3 4 ..body 5 AN ORDINANCE creating a countywide transportation benefit district as authorized by chapter 36.73 RCW. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 6 SECTION 1. Findings: 7 A. The 2008 recession had a deep and enduring impact to the economy in King 8 County, causing property and sales tax revenues that fund government transportation 9 services to drop unexpectedly. 10 B. As the largest labor market in the state, failure of the transportation system in 11 King County will have far reaching economic impacts across Washington. 12 C. The King County transit division ( "Metro ") is vital to the region's economic 13 health. Metro provided over one hundred fifteen million passenger trips in 2012 with 14 ridership expected to grow, more than one thousand five hundred companies provide 15 transit passes to their employees; over half of Metro's passengers are commuters and 16 current service levels keep approximately one hundred seventy -five thousand cars off our 17 roads every weekday. 18 D. Sales tax currently provides for sixty percent of Metro's operating fund, and 19 reductions in property tax revenue and the lack of growth in gas tax revenue will limit 20 key funding sources for city and unincorporated King County transportation projects. January 8, 2014 Item 9: Transportation Funding Page 24 of 72 60 Attachment B to Item 9 21 E. The twenty - dollar congestion reduction charge authorized in 2011 was a 22 temporary measure while sustainable funding solutions were developed. The authority 23 for this implemented funding source expires at the end of May 2014. 24 F. In 2011, the King County council adopted the landmark King County Metro 25 Transit Strategic Plan for Public Transportation and Service Guidelines that established a 26 new course that prioritizes productivity, social equity and geographic value in the 27 ongoing development of the Metro system. 28 G. To respond to decreased revenues during the recession, Metro undertook a 29 number of measures to preserve service. Metro implemented system -wide reforms, 30 including restructuring the transit system to improve productivity and effectiveness and 31 discontinuing the Ride Free Area in downtown Seattle, saving nearly eight hundred 32 million dollars over five years. Metro has also increased revenue for transit through 33 property tax changes, through the implementation of the temporary congestion reduction 34 charge and through multiple fare increases raising fares by eighty percent since 2008. 35 H. Metro still faces an ongoing annual revenue shortfall up to seventy -five 36 million dollars to maintain existing service levels. Without new revenue, Metro will face 37 up to a seventeen - percent cut in service, or approximately six hundred thousand annual 38 hours of service cuts beginning m fall 2014. 39 I. The King County road services division ( "road services ") is responsible for an 40 unincorporated area road system that supports more than one million trips per day. The 41 system consists of about one thousand five hundred miles of county roads and one 42 hundred eighty bridges, plus munerous sidewalks and pathways, traffic signs and signals, 43 drainage pipes and culverts and other critical transportation infrastructure. January 8, 2014 Item 9: Transportation Funding Page 25 of 72 61 Attachment 8 to Item 9 44 J. Road services' funding for maintenance of roads and bridges has declined by 45 more than one -third since 2009 due to annexations, declining property values, less state 46 and federal grant support and lower gas tax revenue. At the same time, the volume of 47 county road miles has not dropped proportionally while transportation safety, 48 preservation and other needs are increasing due to aging infrastructure, population 49 growth; development and changing travel patterns. 50 K. Property tax is road services's primary funding source, and property values in 51 unincorporated King County have declined significantly since the start of the recession. 52 The ability of property tax revenue to recover from its depressed levels is impeded by 53 statutory constraints limiting growth in tax collections to one percent per year, lower than 54 the rate of inflation. 55 L. Gas tax revenues, another major source of firnding for road services, will not 56 increase with the rate of inflation as gasoline consumption stagnates due to more fuel 57 efficient cars and fewer vehicle miles travelled and because the tax rate per gallon is 58 fixed and does not adjust with inflation. 59 M. Future grant funding for capital projects is also uncertain as federal and state 60 decision- makers choose between competing interests for limited dollars. 61 N. The Strategic Plan for Road Services was approved by the council in 2010 to 62 provide key guidance to the agency about work priorities, including infrastructure service 63 and investment decisions. The plan gives top priority to basic goals: comply with legal 64 requirements; meet critical safety needs; and maintain and preserve the existing road 65 network. January 8, 2014 62 Item 9: Transportation Funding Page 26 of 72 Attachment B to Item 9 66 0. Road services is reducing costs through reductions in management and 67 administrative costs, space consolidation and reductions to fleet equipment, and has 68 already reduced division staff by forty percent and implemented changes to service 69 priorities. 70 P. It is the county's responsibility to maintain, preserve and operate the 71 unincorporated area road system, and without dedicated fiuiding to stabilize the declining 72 road system, roads services expects to close thirty -five bridges before they become 73 unsafe, restrict access to seventy -two miles of failing roadways and reduce storm service 74 on snowy and icy roads. 75 Q. Cities in King County maintain five thousand five hundred miles of streets 76 plus bridges, sidewalks, drainage systems, traffic signals, bicycle and pedestrian facilities 77 and trails. Existing facilities are aging. 78 R. King County cities have experienced a substantial downturn in revenues in the 79 past decade. Many cities in King County have been forced to supplement roads funds 80 with general fund dollars, which have themselves not been keeping pace with inflation. 81 Using general fund dollars to maintain roads and other transportation infrastructure 82 means that there are fewer dollars available to fund public safety, parks, human services, 83 and other critical city services. 84 S. A lack of dedicated funding for transportation projects has made it 85 increasingly difficult for King County and King County cities to raise matching funds to 86 compete for State and Federal transportation grant dollars, and State and Federal 87 transportation grant opportunities have dwindled. January 8, 2014 Item 9: Transportation Funding Page 27 of 72 63 Attachment B to Item 9 88 T. King County cities are beset by failing roads and bridges, congested corridors 89 and bottlenecked interchanges, which undermine the mobility of vehicles, buses and 90 freight carriers to transport people and goods. 91 U. Cities in King County have over $1.3 billion m maintenance and preservation 92 needs alone over the next six years, and have identified a need of over $3 billion for 93 mobility projects over the next six years. Cities in King County are responsible for the 94 repair and replacement of 22 bridges in King County with a sufficiency rating of fifty or 95 less, equating to more than $775 million in bridge repair /replacement costs over the next 96 six years. The lack of adequate transportation funding for Cities is a public safety crisis in 97 King County. 98 V. In 2013, action by the State Legislature related to the Public Works Trust 99 Fund resulted in a substantial reduction of funds available for King County cities, 100 including a greater relative impact on smaller cities in King County. Without an 101 additional source of revenue, many transportation infrastructure projects planned by cities 102 will not be able to move forward. 103 W. With new funding for transportation investments throughout King County, 104 there is an opportunity to catalyze construction jobs, enhance freight mobility for our 105 ports and create a pathway for retaining and growing new jobs for key industry sectors. 106 X. It is in the best interest of the citizens of the county to establish a 107 transportation benefit district to work together and regionally fund, acquire, construct, 108 operate, maintain and preserve roadway, public transportation or other mobility facilities, 109 services and programs, and any other project or program contained in the transportation 110 plan of the state, a regional transportation planning organization, a city or a county, and January 8, 2014 Item 9: Transportation Funding Page 28 of 72 64 Attachment B to Item 9 111 to exercise any other functions or fund any other transportation improvements authorized 112 by chapter 36.73 RCW. Such a transportation benefit district should focus its 113 investments in local mobility and connecting within the district. 114 SECTION 2. There is created a transportation benefit district, to be known as the 115 King County transportation district, with geographical boundaries comprised of the limits 116 of the county, which shall have the authority to exercise the statutory powers in chapter 117 36.73 RCW. 118 SECTION 3. 119 A. The governing board of the transportation district shall be the King County 120 council acting in an ex officio and independent capacity, which shall have the authority to 121 exercise the statutory powers in chapter 36.73 RCW. 122 B. The King County treasurer shall be the treasurer of the transportation district. 123 C. The board shall develop and implement a material change policy for projects 124 that the district is implementing. The material change policy shall address major plan 125 changes that affect project delivery or the ability to finance the plan, in accordance with 126 RCW 36.73.160(1). 127 D. The board shall issue an annual report, in accordance with chapter 36.73 RCW. 128 SECTION 4. The district shall be dissolved in accordance with RCW 36.73.050. 129 SECTION 5. The district shall fund, acquire, construct, operate, maintain and 130 preserve public transportation facilities, services and programs, roads and any other 131 project contained in the transportation plan of the state, a regional transportation planning 132 organization, a city or the county, and exercise any other functions or fund any other 133 transportation improvement authorized by chapter 36.73 RCW. When authorized by January 8, 2014 Item 9: Transportation Funding Page 29 of 72 65 Attachment B to Item 9 134 statute or by the voters in accordance with chapter 36.73 RCW, the board may impose any 135 one of or a combination of taxes, fees, charges and tolls, for purposes consistent with 136 chapter 36.73 RCW. 137 SECTION 6. For the purposes of defrung a "transportation plan" under chapter 138 36.73 RCW and section 5 of this ordinance: 139 A. The transportation plan of the county includes the Transportation Element of 140 the King County Comprehensive Plan, the King County Metro Transit Strategic Plan for 141 Public Transportation, the King County Metro Transit Service Guidelines, the King 142 County Department of Transportation Strategic Plan for Road Services, the Transportation 143 Needs Report, the King County Roads Services CEP and any other plan concerning 144 transportation that is adopted by the metropolitan King County council; and 145 B. The transportation plan of the state, a regional transportation planning 146 organization or a city shall be as defined by each such entity. 147 SECTION 7. As authorized under chapter 36.73 RCW, this ordinance shall be 148 liberally construed to permit the accomplishment of its purposes. 149 SECTION 8. Severability. If any provision of this ordinance or its application to 150 any person or circumstance is held invalid, the remainder of this ordinance or the 151 application of the provision to other persons or circumstances is not affected. January 8, 2014 Item 9: Transportation Funding Page 30 of 72 66 Attachment C to Item 9 Date Created: December 13, 2013 Drafted by: Wes Edwards, Transportation Planner, Regional Transportation Planning Sponsors: Attachments: None 1 ..title 2 AN ORDINANCE creating a countywide transportation 3 benefit district in King County, Washington, in order to 4 finance the acquisition, construction, operation, S maintenance and preservation of public transportation 6 facilities, services and programs, roads and any other 7 projects authorized by chapter 36.73 RCW. 8 ..body 9 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 10 SECTION 1. Findings: 11 A. The 2008 recession had a deep and enduring impact to the economy in King 12 County, causing property and sales tax revenues that finance government transportation 13 services to drop unexpectedly. 14 B. As the largest labor market in the state, failure of the transportation system in 15 King County will have far reaching economic impacts across Washington. 16 C. The King County transit division ( "Metro ") is vital to the region's economic 17 health. Metro provided over one hundred fifteen million passenger trips in 2012 with 18 ridership expected to grow; more than one thousand five hundred companies provide 19 transit passes to their employees; over half of Metro's passengers are commuters; and 20 current service levels keep approximately one hundred seventy -five thousand cars off our 21 roads every weekday. January 8, 2014 Item 9: Transportation Funding Page 31 of 72 67 Attachment C to Item 9 22 D. Sales tax currently provides for sixty percent of Metro's operating budget, and 23 reductions in property tax revenue and the lack of growth in gas tax revenue will limit 24 key firndung sources for city and unincorporated King County transportation projects. 25 E. The twenty- dollar congestion reduction charge authorized in Ordinance 17169 26 in 2011 was a temporary measure while sustainable funding solutions were developed. 27 King County's authority for this implemented fiunding source expires May 31, 2014. 28 F. In 2011, the Kung County council adopted the landmark King County Metro 29 Transit Strategic Plain for Public Transportation and Service Guidelines that established a 30 new course that prioritizes productivity, social equity and geographic value in the 31 ongoing development of the Metro transit system. 32 G. To respond to decreased revenues during the recession, Metro undertook a 33 number of measures to preserve service. Metro implemented system -wide reforms, 34 including restructuring the transit system to improve productivity and effectiveness and 35 discontinuing the Ride Free Area in downtown Seattle. Metro has also increased revenue 36 for transit through property tax changes, through the implementation of the temporary 37 congestion reduction charge and through multiple fare increases raising fares by eighty 38 percent since 2008. As a result, Metro realized nearly eight hundred million dollars in 39 savings and new revenues combined to support the system. 40 H. Metro still faces an ongoing annual revenue shortfall up to seventy -five 41 million dollars to maintain existing service levels. Without new revenue, Metro will face 42 up to a seventeen percent cut in service, or approximately six hundred thousand annual 43 hours of service cuts beginning in fall 2014. January 8, 2014 68 Item 9: Transportation Funding Page 32 of 72 Attachment C to Item 9 44 L The King County road services division is responsible for an unincorporated 45 area road network that supports more than one million trips per day. The system consists 46 of about one thousand five hundred miles of county roads and one hundred eighty 47 bridges, plus numerous sidewalks and pathways, traffic signs and signals, drainage pipes 48 and culverts and other critical transportation infrastructure. 49 J. The road services division's funding for maintenance of roads and bridges has 50 declined by more than one -third since 2009 due to annexations, declining property 51 values, less state and federal grant support and lower gas tax revenue. At the same time, 52 the volume of county road miles has not dropped proportionally while transportation 53 safety, preservation and other needs are increasing due to aging infrastructure, population 54 growth, development and changing travel patterns. 55 K. Property tax is the road services division's primary funding source, and 56 property values in unincorporated King County have declined significantly since the start 57 of the recession. The ability of property tax revenue to recover from its depressed levels 58 is impeded by statutory constraints limiting tax collections. 59 L. Gas tax revenues, another major source of funding for the road services 60 division, will not increase with the rate of inflation as gasoline consumption stagnates due 61 to more fiiel efficient cars and to fewer vehicle miles travelled, and because the tax rate 62 per gallon is fixed and does not adjust with inflation. 63 M. Future grant funding for capital projects is also uncertain as federal and state 64 decision- makers choose between competing interests for limited dollars. 65 N. The Strategic Plan for Road Services was approved by the council in 2010 to 66 provide key guidance to the agency about work priorities, including infrastructure service January 8, 2014 Item 9: Transportation Funding Page 33 of 72 69 Attachment C to Item 9 67 and investment decisions. The plan gives top priority to basic goals: meet critical safety 68 needs, comply with legal requirements, and maintain and preserve the existing road 69 network. 70 0. The road services division is reducing costs through reductions in 71 management and administrative costs, space consolidation and reductions to fleet 72 equipment, and has already reduced division staff by forty percent and implemented 73 changes to service priorities. 74 P. Without funding to stabilize the declining road system, the roads services 75 division expects to close thirty -five bridges before they become unsafe, restrict access to 76 seventy -two miles of failing roadways and reduce storm service on snowy and icy roads 77 by two- thirds during the winter season. 78 Q. Cities in King County maintain five thousand five hundred miles of streets 79 plus bridges, sidewalks, drainage systems, traffic signals, bicycle and pedestrian facilities 80 and trails. Existing facilities are aging. Revenue sources currently available to cities are 81 not keeping pace with the costs of replacement and expansion to meet growth. 82 R. King County cities also are beset by failing roads and bridges, congested 83 corridors and bottlenecked interchanges, which inderrnine the mobility of cars, buses and 84 freight carriers to transport people and goods. 85 S. With new funding for transportation investments throughout King County, 86 there is an opportunity to catalyze construction jobs, enhance freight mobility for our 87 ports and create a pathway for retaining and growing new jobs for key industry sectors. 88 T. It is m the best interest of the citizens of the county to establish a 89 transportation benefit district to fmance any transportation improvement authorized by January 8, 2014 Item 9: Transportation Funding Page 34 of 72 70 Attachment C to Item 9 90 chapter 36.73 RCW, including but not limited to, the acquisition, construction, operation, 91 maintenance and preservation of public transportation facilities, services and programs, 92 roads and any other project contained in the transportation plan of the state, a regional 93 transportation planning organization, a city or the county. 94 U. The transportation benefit district is intended solely to finance transportation 95 improvements authorized by chapter 36.73 RCW, and is not intended to directly acquire, 96 construct, operate, maintain, preserve or otherwise provide transportation improvements. 97 It is further intended that local jurisdictions receiving funding from the transportation 98 benefit district will directly acquire, construct, operate, maintain, preserve or otherwise 99 provide any transportation improvement authorized by chapter 36.73 RCW. 100 V. The King County council anticipates that, in an effort to provide an efficient 101 operation of the transportation benefit district and avoid the potential for creating 102 duplicative staffing functions, the transportation benefit district will contract with King 103 County to utilize existing King County staff to provide administrative functions required 104 by the district to the extent allowed by applicable law. 105 SECTION 2. There is created a transportation benefit district, to be laiown as the 106 King County transportation district, with geographical boundaries comprised of the limits 107 of the county. The district shall have the authority to exercise the statutory powers in 108 chapter 36.73 RCW. 109 SECTION 3. A. The King County council shall be the governing board of the 110 transportation district, acting in an ex officio and independent capacity, which shall have 111 the authority to exercise the statutory powers in chapter 36.73 RCW. January 8, 2014 Item 9: Transportation Funding Page 35 of 72 71 Attachment C to Item 9 112 B. The King County executive services finance director shall be the treasurer of 113 the transportation district. 114 C. The board shall develop and implement a material change policy for projects 115 that the district is implementing. The material change policy shall address major plan 116 changes that affect project delivery or the ability to finance the plan, in accordance with 117 RCW 36.73.160(1). 118 D. The board shall cause to be issued an annual report, in accordance with chapter 119 36.73 RCW. 120 SECTION 4. The district shall be dissolved in accordance with RCW 36.73.050. 121 SECTION 5. The transportation district is formed to finance, but not directly carry 122 out, any transportation improvement authorized by chapter 36.73 RCW, including, but not 123 limited to, the acquisition, construction, operation, maintenance and preservation of public 124 transportation facilities, services and programs, roads and any other, project contained in 125 the transportation plan of the state, a regional transportation planning organization, a city 126 or the county. When authorized by statute or by the voters in accordance with chapter 127 36.73 RCW, the board may impose taxes, fees, charges or tolls, or any combination 128 thereof, for the purposes consistent with chapter 36.73 RCW. 129 SECTION 6. For the purposes of chapter 36.73 RCW and section 5 of this 130 ordinance: 131 A. "Transportation plan" includes the Transportation Element of the King County 132 Comprehensive Plan, the King County Metro Transit Strategic Plan for Public 133 Transportation, the King County Metro Transit Service Guidelines, the annual King 134 County Metro Transit Service Guidelines Report, the King County Department of January 8, 2014 72 Item 9: Transportation Funding Page 36 of 72 Attachment C to Item 9 135 Transportation Strategic Plan for Road Services, the Transportation Needs Report, the 136 King County Roads Services CIP and any other plan concerning transportation that is 137 adopted by the King County council; and 138 B. The transportation plan of the state, a regional transportation planning 139 organization or a city shall be as identified by each entity. 140 SECTION 7. As authorized under chapter 36.73 RCW, this ordinance shall be 141 liberally construed to permit the accomplishment of its purposes. 142 SECTION 8. Severability. If any provision of this ordinance or its application to 143 any person or circumstance is held invalid, the remainder of this ordinance or the 144 application of the provision to other persons or circumstances is not affected. January 8, 2014 Item 9: Transportation Funding Page 37 of 72 73 Attachment D to Item 9 Date Created: December 13, 2013 Drafted by: Wes Edwards, Transportation Planner, Regional Transportation Planning Sponsors: Attachments: 1 ._title 2 3 4 5 A RESOLUTION of the King County Transportation District; submitting a ballot measure regarding transportation funding to the qualified electors of the King County Transportation District at a special election to be held on (DATE) and submitting a 6 proposition to district voters to authorize the district to fix and 7 impose a (RATE) sales and use tax within the district and a 8 (AMOUNT) dollar vehicle fee on all vehicles within the district to 9 finance the King County transit division ( "Metro Transit ") and city 10 and unincorporated county transportation improvements in the 11 district; requesting that the King County Prosecutor prepare a ballot 12 title for the proposition; and appointing committees to prepare the 13 pro and con statements for the local voters' pamphlet. 14 ..body 15 WHEREAS, in the last several years, new transportation challenges have emerged 16 affecting the funding of transportation improvements for King County Metro transit and all King 17 County cities and unincorporated King County, including a prolonged recession, and declined 18 gas -tax, property tax, and sales tax revenues; and 19 WHEREAS, the Revised Code of Washington (RCW), Chapter 36.73, provides for the 20 establishment of transportation benefit districts by cities and counties and authorizes those 21 districts to levy and impose various taxes and fees to generate revenues to support transportation January 8, 2014 Item 9: Transportation Funding Page 38 of 72 74 Attachment D to Item 9 22 improvements that benefit the district and that are consistent with state, regional or local 23 transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and 24 WHEREAS, King County Ordinance ( # # # #) established the King County 25 Transportation District to finance, but not directly carry out, any transportation improvement 26 authorized by RCW chapter 36.73, including but not limited to, public transportation facilities, 27 services and programs, roads, and any other project contained in the transportation plan of the 28 state, a regional transportation planning organization, a city, or the county; and 29 WHEREAS, the King County Transportation District is intended solely to finance 30 transportation improvements authorized by RCW chapter 36.73, and is not intended to directly 31 acquire, construct, operate, maintain, preserve or otherwise provide any transportation 32 improvements. It is further intended that local jurisdictions receiving funding from the 33 transportation benefit district will directly acquire, construct, operate, maintain, preserve, or 34 otherwise provide any transportation improvement authorized by RCW chapter 36.73. 35 WHEREAS, the King County Transportation District may fix and impose up to a one 36 hundred dollar vehicle fee pursuant to RCW 82.80.140 with approval of a majority of district 37 voters; and 38 WHEREAS, the King County Transportation District may fix and impose up to a two - 39 tenths of one percent (0.2 %) sales and use tax within the district pursuant to RCW 82.14.0455 40 with approval of a majority of district voters; and 41 WHEREAS, a vehicle fee up to eighty dollars imposed by the King County 42 Transportation District does not preclude individual cities and unincorporated King County from 43 continuing to collect or authorize future collection of a twenty dollar councilmanic vehicle fee 44 pursuant to RCW 82.80.140; and January 8, 2014 Item 9: Transportation Funding Page 39 of 72 75 Attachment D to Item 9 45 WHEREAS, it is the intent of the Board of the King County Transportation District to 46 distribute revenues; less administration costs, to jurisdictions in the district's boundaries by 47 providing sixty percent of the combined revenues from the vehicle fee and sales and use tax 48 revenues to support King County Metro Transit; and the remaining forty percent of combined 49 revenues to be distributed to cities and unincorporated King County in a share equal to their 50 percentage of countywide population; and 51 WHEREAS, the King County Transportation District cannot impose a voter approved 52 sales and use tax that exceeds a period of ten years, unless extended by an affirmative public vote 53 per RCW 82.14.0455. 54 BE IT RESOLVED BY THE KING COUNTY TRANSPORTATION DISTRICT: 55 SECTION 1. Fee and tax submittal to voters_ To provide necessary financing for the 56 purposes identified in section 3 of this resolution; the King County Transportation District shall 57 submit to the qualified electors of the district a proposition authorizing the district to fix and 58 impose a (AMOUNT) dollar vehicle fee to be added to any existing fees and to fix and impose a 59 (RATE) of one percent (0._ %) to the sales and use tax. 60 SECTION 2. Distribution of revenues. The district sales and use tax and vehicle fee 61 revenue shall fast pay any administrative costs to the state Department of Licensing; state 62 Department of Revenue, and any other administrative costs associated with the district's 63 operations. The remaining combined revenue will be distributed in the following manner: sixty 64 percent to King County Metro Transit; and forty percent to the cities within King County that 65 enter into agreements with the district to participate and to unincorporated King County in shares 66 equal to each entity's respective percentage of countywide population. January 8, 2014 Item 9: Transportation Funding Page 40 of 72 76 Attachment D to Item 9 67 SECTION 3. Use of revenues. If approved by the qualified electors of the district, the 68 sales and use tax and vehicle fee revenue, less the administrative costs identified in section 2 of 69 this resolution, shall be used consistent with RCW chapter 3633 to finance, but not directly carry 70 out, any transportation improvement authorized by RCW chapter 36.73, including but not limited 71 to, the acquisition, construction, operation, maintenance, and preservation of public 72 transportation facilities, services and programs, roads, any other project contained in the 73 transportation plan of the state, a regional transportation planning organization, a city or the 74 county. Further, the activities carried out with the sales and use tax and vehicle fee revenue will 75 include, but not be limited to: 76 A. the operation, maintenance and capital needs of Metro Transit; 77 B. the provision of Metro Transit public transportation services; 78 C. the acquisition, operation, maintenance and repair of Metro Transit vehicles and 79 equipment; 80 D. the implementation of transportation demand management programs; 81 E. the planning associated with transit service operations, technologies, and public 82 engagement to improve performance and reduce costs when possible; 83 F. the planning, design and implementation of capital improvement and preservation 84 projects for road system facilities, including facilities such as roads, bridges, signals, guardrails, 85 drainage systems, and pedestrian and bicycle pathways; 86 G. the operation, maintenance, repair, preservation and restoration of road system 87 facilities; 88 H. the provision of emergency responses to protect road system facilities and public 89 health and safety; January 8, 2014 Item 9: Transportation Funding Page 41 of 72 77 Attachment D to Item 9 90 I. the enhancement of user safety while also maintaining existing safety standards and 91 legal requirements; 92 J. the management of intelligent transportation systems in including traffic cameras, 93 control equipment, and new teclmologies to optimize the existing transportation system; 94 SECTION 4. For the purposes of defining a transportation plan under RCW chapter 95 36.73 and section 3 of this resolution: 96 A. the transportation plan of King County includes the Transportation Element of the 97 King County Comprehensive Plan, the King County Metro Transit Strategic Plan for Public 98 Transportation, the King County Metro Transit Service Guidelines, the annual King County 99 Metro Transit Service Guidelines Report, the King County Department of Transportation 100 Strategic Plan for Road Services, the Transportation Needs Report, the King County Roads 101 Services CIP and any other plan concerning transportation that is adopted by the Metropolitan 102 King County Council; and 103 B. the transportation plan of the state, a regional transportation planning organization or 104 a city shall be as identified by each such entity. 105 SECTION 5. Call for special election. The King County Transportation District hereby 106 requests that the King County director of elections call a special election on (DATE) . to 107 consider a proposition authorizing the district to fix and impose a vehicle fee in the amount of 108 (AMOUNT) dollars and to fix and impose a sales and use tax in the amount of (RATE) of one 109 percent (0._ %) for the purposes described in this resolution. The King County director of 110 elections shall cause notice to be given of this resolution in accordance with the state constitution 111 and general law and to submit to the qualified electors of the district, at the said special county 112 election, the proposition hereinafter set forth, in the form of a ballot title substantially as follows: January 8, 2014 78 Item 9: Transportation Funding Page 42 of 72 Attachment D to Item 9 113 KING COUNTY TRANSPORTATION DISTRICT 114 115 PROPOSITION NO. 116 117 The Board of the King County Transportation District passed Resolution No. ( # # #) concerning 118 fimding for public transportation, roads and other transportation improvements. If approved, this 119 proposition would provide fimding for King County Metro Transit, and city and unincorporated 120 Kung County transportation improvements. It would authorize the district to fix and impose a 121 sales and use tax of (RATE) of one percent (0._ %) to be collected from all taxable retail sales 122 and uses within the district under RCW 82.14.0455 for a term of ten years, and an annual vehicle 123 fee of (AMOUNT) ($_.00) dollars per registered vehicle under RCW 82.80.140. 124 125 Should this vehicle fee and sales tax increase be approved? 126 127 Yes 128 No 129 130 SECTION 6. RCW 29A.32.280 provides that for each measure from a jurisdiction that is 131 included in a local voters' pamphlet, the legislative authority of that jurisdiction shall formally 132 appoint a committee to prepare argtunents advocating voter approval of the measure and a 133 conunittee to prepare arguments advocating voter rejection of the measure. 134 January 8, 2014 Item 9: Transportation Funding Page 43 of 72 79 Attachment D to Item 9 135 SECTION 7. Pursuant to RCW 29A.32.280, the following individuals are appointed to 136 serve on the voters' pamphlet committees, each committee to write a statement for or against the 137 proposed measure. 138 139 FOR AGAINST 140 1. 1. 141 2. 2. 142 3. 3. 143 144 SECTION 8. Ratification. Certification of the proposition by the clerk of the district to 145 the King County director of elections in accordance with law before the election on (DATE) , 146 and any other act consistent with the authority and before the effective date of this resolution are 147 hereby ratified and confirmed. 148 SECTION 9. Severability. If any provision of this resolution or its application to any 149 person or circumstance is held invalid, the remainder of the resolution or the application of the 150 provision to other persons or circumstances is not affected. January 8, 2014 80 Item 9: Transportation Funding Page 44 of 72 The motion passed. Algona, Auburn, Des Moines, Enumclaw, Kent, Normandy Park, North Bend, and Pacific voted no. Kirkland and Renton abstained. Following additional discussion, the original motion, as amended, was called for a vote. The motion passed. Algona voted no. ED Dawson asked which if any members had a conflict with the March 12 date. Only three PIC members indicated a conflict. With no further discussion or motion, the PIC meeting date for March 2014 will be held on March 12. 9. Transportation Funding ED Dawson noted that transportation was a major priority for SCA in 2013. Dawson reminded members that in 2012, SCA member cities, Seattle, and King County were unable to come to agreement on the parameters of a local option component of a transportation package and, as a result there were competing bills in Olympia. Legislators advised that unless the parties were able to resolve their differences, no local option would be available. In 2013, after extensive negotiation, SCA members, Seattle and King County worked hard to come to terms on a local option that all three entities could support. In addition, all three entities (as part of a countywide coalition that also included business and labor, and environmental and transit advocates) came together to support a statewide transportation package. Despite these efforts, a state transportation package did not pass in 2013 and the likelihood of the state passing such a package in 2014 is unclear at best. King County is now considering a local option for transportation funding using existing authority under state law. This includes the ability to form a countywide Transportation Benefit District (TBD) utilizing a sales tax (of up to .2 %) and a vehicle license fee (of up to $100). Combined, these sources would raise over $130 million, which is similar in scope to the approximately $140 million that would have been raised by the local option sought by SCA from the legislature in 2013. Additional detail may be found in the staff memo provided to PIC members. Mayor Dave Hill, Algona, moved, seconded by Councilmember Kingston Wall, Snoqualmie to bring the following policy position back for adoption at the next PIC meeting: In order to address the critical transportation needs facing King County and cities throughout the County, the Sound Cities Association supports the formation of a countywide Transportation Benefit District (TBD), with 60% of the funds going to Metro for transit funding and 40% being distributed to the County and cities based on population for other transportation needs including local roads, sidewalks, bike paths, additional transit, and other 81 transportation purposes as determined by the particular needs of the local jurisdiction. In order to ensure that dollars can be used as effectively and efficiently as possible to address the pressing transportation needs of each individual jurisdiction and to avoid the creation of additional burdensome bureaucracies, the funding raised should be provided to local jurisdictions through a direct distribution. A number of members spoke to the motion. Mayor Dave Hill, Algona noted although the amount of roads funding is relatively small for a city of Algona's size he urged cities to take into consideration the impact that transit cuts will have on their community. Hill requested additional financial accounting from Metro. He spoke about the impact that Metro cuts will make in Algona and Pacific, reiterating that Metro is the family car for many. Hill urged members to save transit. Deputy Mayor Catherine Stanford, Lake Forest Park, questioned whether the County's proposal could affect Lake Forest Park's Transportation Benefit District. Stanford commented Lake Forest Park would like to consider raising their Transportation Benefit District amount. ED Dawson noted that cities existing TBD authority of $20 would not be affected, nor would any future proposals to increase the councilmanic authority to $40. The total Transportation Benefit District authority is $100. King County is considering $60 rather $100 to allow cities to maintain their existing and proposed future authority. Councilmember Ross Loudenback, North Bend noted that it appeared that under the proposed ordinances, there would be no specific allocation to cities. ED Dawson noted that this was an issue that the County Council is considering. The policy position submitted to PIC would ask that the County Council adhere to the past agreement reached between the County, Seattle, and SCA member cities, and to designate 60% of revenues to Metro, with 40% of the revenue raised allocated to jurisdictions based on population for other transportation needs. Councilmember Tola Marts, Issaquah noted that Issaquah had raised concerns in the past about imposition of regressive taxes. He asked for clarity about the split of the $130 million between sales tax and license fees. In response, Dawson noted that a .1% sales tax would raise approximately $50 million in the first year, while a $60 vehicle license fee would raise approximately $80 million. Dawson also noted that the less regressive tax option supported earlier by member cities was not authorized under existing state law. SCA staff distributed a handout illustrating the amount of revenue that would be raised for jurisdictions if 40% of total TBD revenue would be allocated to cities and the unincorporated area based on population. Councilmember Andy Rheaume, Bothell pointed out a typo on the handout, the heading Total Allocation to Cities (40 %) should read Total Allocations to Jurisdictions as unincorporated King County is included. A revised handout (Attachment B) is included with these minutes. 82 Mayor David Baker, Kenmore reiterated concerns about cities supporting formation of a TBD without an assurance of a share of revenues being devoted to city transportation needs, given that 90% of residents reside in cities, and the bulk of revenues are being raised in cities and from city residents. Councilmember Toby Nixon, Kirkland shared the concern about whether cities could support a ballot measure if the County did not adhere to the agreement that 40% of revenue be devoted to local jurisdictions for their transportation needs. Nixon stated that Kirkland may consider passing a resolution against the formation of a TPB if this agreement were not maintained. Deputy Mayor Chris Eggen, Shoreline noted that the continued partnership with the County as to this agreement on shared revenues was important. He however wanted to ensure that cities were able to fully discuss the position, and not to pre- commit cities to support until that discussion had been had. He also noted the Regional Transit Committee is still working with Metro to improve service. Eggen proposed moving the position forward to the next PIC meeting. Councilmember Kate Kruller, Tukwila, felt the proposed position was consistent with the voice of SCA in the past. She also shared that she felt it was consisted with the National League of Cities (NLC) approach, recommending moving transportation decision - making to the local level. Mayor Dave Hill, Algona also supported bringing this item forward to the next meeting of the PIC. He reiterated that while the dollars allocated to Algona would not have a large impact, they may have a large impact on his neighboring cities, which was also important to Algona. The potential of transit cuts are also a major concern to Algona. He urged PIC members to look at the impacts of transit cuts across the region. Diane Carlson of King County noted, in response to a question from Chair Talmas, that the formation of a TBD is up for consideration at the County Council. In the ordinance the Executive transmitted, he respected the agreement that was made with the cities as to the 40% allocation to jurisdictions, and included that percentage in his transmittal to the County Council. Members concurred that maintaining this agreement with the County was critically important in getting their cities to support the TBD. Councilmember Hank Margeson, Redmond noted that the PIC may wish to be more specific in the policy position that they ultimately adopt. He suggested, for example, that SCA may want to consider specifying support for a 0.1% sales tax and $60 vehicle license fee. Margeson supported the position moving forward but noted that the position may evolve between now and February. He also noted that King County needs to be accountable and cities will need some level of commitment of where the money is going. Chair Talmas called for a vote on the motion. 83 The motion passed unanimously. 10. Review of SCA Policy Positions — 2005 -2013 ED Dawson provided an overview of this item. She asked that members give feedback on which items are of continuing vitality, which are outdated and /or should be revised, and which should be archived. ED Dawson requested that members contact staff with suggestions related to specific policies. Members made note of policies regarding the King Conservation District which may need to be archived. Tola Marts of Issaquah requested that SCA staff bring back potential policies regarding combatting human trafficking, based on an earlier presentation to PIC. 11. Future Training Opportunities for SCA Members Chair Talmas reviewed the 2013 trainings opportunities held for PIC members and requested input from members on trainings they would like to see in 2014. Members' suggestions for training topics in 2014 included: city use of social media; continued public records training; municipal goal setting and council metrics, Redmond's budgeting process — budgeting by priorities; giving effective presentations (including but not limited to how member cities give updates to their councils on PIC issues); how to engage with legislators; and how to effectively utilize the Washington State Legislature website. ED Dawson noted that based on member feedback, members indicated that they prefer to have trainings over in -depth presentations at pre -PIC meetings. Members concurred. 12. Upcoming Events a) SCA Board Meeting — Wednesday, January 15, 2014 — 10:00 AM, Renton City Hall b) Newly Elected Officials Workshop — Wednesday, January 15, 2014 — 4:00 PM, SeaTac City Hall c) 2014 Board and Committee Orientation — Wednesday, January 15, 2014 — 6:00 PM Dinner, 6:30 Orientation, SeaTac City Hall d) SCA Woman's Leadership Breakfast — Thursday, January 16, 2014 — 7:30 AM Puget Sound Skills Center — Burien e) SCA Board Retreat — Friday, January 31, 2014 - Exact Time and Location TBD f) SCA Pre -PIC Workshop with Ann Macfarlane, Jurassic Parliament Wednesday, February 12, 2014— 6:00 PM Renton City Hall g) SCA Public Issues Committee Meeting — Wednesday, February 12, 2014 — 7:00 PM Renton City Hall h) SCA Networking Dinner — Wednesday, February 19, 2014— 5:30 PM Renton Pavilion Events Center —Seattle Mayor Ed Murray, Keynote Speaker 13. For the Good of the Order Councilmember Melissa Musser, Des Moines, reminded members of the Women's Leadership Breakfast on January 16 at 7:30 at the Puget Sound Skills Center in Burien. 84 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT King County 2015 Transportation Benefit District (TBD) Distribution Estimates Updated 1/6/2014 Major Assumptions TBD revenue is based on the implementation of a $60 license fee and 0.1% countywide sales tax. 40% of total TBD revenue would be allocated to cities and the unincorporated are based on population. Jurisdiction Population Population Estimate (2013)1 Percentage Allocation to Local Jurisdictions $52,218,600 2015 TBD Distribution Algona 3,075 0.2% $81,000 Auburn (KC portion) 64,320 3.2% $1,694,700 Beaux Arts 290 0.0% $7,600 Bellevue 132,100 6.7% $3,480,500 Black Diamond 4,170 0.2% $109,900 Bothell (K.C.portion) 23,440 1.2% $617,600 Burien 48,030 2.4% $1,265,500 Carnation 1,785 0.1% $47,000 Clyde Hill 2,980 0.2% $78,500 Covington 18,100 0.9% $476,900 Des Moines 29,730 1.5% $783,300 Duvall 7,120 0.4% $187,600 Enumclaw 11,100 0.6% $292,500 Federal Way 89,720 4.5% $2,363,900 Hunts Point 395 0.0% $10,400 Issaquah 43,249 2.2% $1,139,500 Kenmore 21,170 1.1% $557,800 Kent 120,500 6.1% $3,174,900 Kirkland 81,730 4.1% $2,153,400 Lake Forest Park 12,680 0.6% $334,100 Maple Valley 23,910 1.2% $630,000 Medina 3,000 0.2% $79,000 Mercer Island 22,720 1.1% $598,600 Milton (K.C.portion) 840 0.0% $22,100 Newcastle 10,640 0.5% $280,300 Normandy Park 6,350 0.3% $167,300 North Bend 6,020 0.3% $158,600 Pacific 6,675 0.3% $175,900 Redmond 55,840 2.8% $1,471,300 Renton 95,540 4.8% $2,517,300 Sammamish 48,060 2.4% $1,266,300 SeaTac 27,310 1.4% $719,600 Seattle 626,600 31.6% $16,509,500 Shoreline 53,670 2.7% $1,414,100 Skykomish 195 0.0% $5,100 Snoqualmie 11,700 0.6% $308,300 Tukwila 19,160 1.0% $504,800 Woodinville 10,990 0.6% $289,600 Yarrow Point 1,015 0.1% $26,700 Cities Total: 1,745,919 Uninc. King County: 235,981 11.9% $6,217,600 King County 1,981,900 1 Source: Washington State Office of Financial Management, 2013 estimate, adjusted for annexations. 85 86 Upcoming Meetings & Events January /February 2014 27th (Monday) 28th (Tuesday) 29th (Wednesday) 30th (Thursday) 31st (Friday) 1st (Saturday) ➢ Transportation Crate, 5:15 PM (Foster Conference Room, previously known as CR #1) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. to be immediately followed by a Special Meeting. ➢ Lodging Tax Advisory Committee, 12:00 NOON (Albert Lee Appliance, 404 Str•ander• Blvd.) ➢ Community Affairs & Parks Crate, 5:30 PM (Hazelnut Conference Room, previously known as CR #3) 3rd (Monday) 4th (Tuesday) 5th (Wednesday) 6th (Thursday) 7th (Friday) 8th (Saturday) > Civil Service Commission, 5:00 PM (Hazelnut Conference Room, previously known as CR #3) ➢ Utilities Crate, 5:15 PM (Foster Conference Room, previously known as CR #1) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Chamber of Commerce Gov't. & Community Affairs Crate, 12:00 NOON (Chamber Office) > Finance & Safety Cnite, 5:30 PM (Hazelnut Conference Room, previously known as CR #3) So. Arts Commission, 5:30 PM (Community Center) ➢ Library Advisory Board, 7:00 PM (Community Center) ➢ Equity & Diversity Commission, 5:15 PM (Hazelnut Conference Room, previously known as CR #3 ) Council Chat 10:00 AM to 12:00 NooN Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Chamber of Commerce's Tukwila Government and Community Affairs Committee: Quarterly., 12:00 Noon, Chamber Offices. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room (A) Parks, Recreation and Open Space (PROS) Plan. > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Tr•antina at 206 - 433 -1850. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room > Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. >Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Ker•tzman at 206 -575- 2489. > Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room (A) S 144`x` St Phase II Grant Acceptance — Transportation Improvement Board. (B) Americans with Disabilities Act Improvements Bid Award (C) Overlay and Repair — East Marginal Way S (S 81s` PI to Norfolk St) Bid Award. (D) 2014 Sweet Department's Sweet Lighting Supplies Purchase of 10 King Luminair•e Fixtures, Arms, and Poles. (E) King County Metro Transit Interurban Ave S Leased Park and Ride Lot. > Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf Room 87 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. January 6 13 21 (Tuesday) 27 See agenda packet cover sheet for this week's agenda (January 27, 2014 Committee of the Whole Meeting). February 3 Consent Agenda: 10 18 (Tuesday) 24 Special Presentation: - Accept as complete the 2013 Annual Sewer Repair Project. - Authorize the Mayor to sign Supplement No. 2 to Contract #13- 076 with RH2 Engineers for the Central Business District (CBD) Sanitary Sewer Rehabilitation project in the amount of $59,070. - Authorize the Mayor to sign Supplement No. 2 to Contract #13- 113 with KPG, Inc. for the 2013 Annual Small Drainage Program in the amount of $34,987.16. Unfinished Business: 2013 Police Annual Report. Special Issues: Historic Preservation - Naming of Pea Patch to Gully Gardens. -An ordinance vacating right -of -way within the City of Tukwila generally described as portions of 41st Avenue South adjoining South 144th Street. 88