HomeMy WebLinkAboutCOW 2004-04-12 Item 4F - Purchase - Wheaton Property for Foster Point Sewer Lift Station for $60,000O
Prepared by Mayor '~ review Coun~eil r~view
Meeting Date MC{~ ~
4/12/04 ~, ~,
CAS Number: 04-051 m Orig~al Agenda Date: April 12, 2004
Agenda Item Title: Foster Point Sewer Lift Station - E~ement & Aequ~ifion of Wheaten Prope~
Orig~al Sponsor: Council Jdmin. Public Works
Timeline:
Sponsor's Smm~: ~e Ci~ needs to acquke 1,200 square feet of prope~ outside ~e right-of-way for
cons~ction of a s~it~ sewer li~ station to se~e ~e Fo~er Po~t nei~borhood. ~e station
needs to be located ne~ the FoAer Point Bridge ~d ~e ~eaton prope~ is ~e best location.
S~negotiated ~e p~chase of the prope~ for $60,000 to avoid condemnation ~d ~e
possibili~ of delaying ~e project up to six mon~s.
Re~endations:
Sponsor: Au~ofize Mayor to si~ the easement and p~ch~e a~eement for ~e ~eaton prope~.
Commi~ee: Fo~d to COW ~d ~en to Re~l~ Council for Mayor to si~ ~eaton a~eement.
Adm~is~ation: Sine ~ Sponsor.
Cost ~pa~ (if~om): $60,000.00
i F~d Source (if ~om): 403 Sewer Fund ~g. 97 2004 CIP)
Meeting Dee Action
4/12/04
Meeting Date ~ Attachments
4/12/04 Information Memo dated March 24, 2004
.4greement and Easement for the Sewer Lift Station
Map of Foster Point Neighborhood
Utility Cmte meeting minutes-April 6, 2004 . . .
INFORMATION MEMO
To: Mayor Mullet
From: Public Works DirectoI~W~
Date: March 24, 2004
Subject: Acquisition of Property near the Bridge on 56~ Avenue South for the
Sanitary Sewer Lift Station in the Foster Point neighborhood
ISSUE
The City of Tukwila needs to acquire 1,200 square feet of property outside the right-of-way for
construction of a sanitary sewer lift station to serve the Foster Point neighborhood. The installation of
the lift station is slated for this summer.
BACKGROUND
Since 2001, the City has been applying for Public Works Trust Fund Loans to provide sewers to the
Allentown Phase 2 and Foster Point neighborhoods. In October 2003, the Trust Fund Board approved
the City's loan request. An integral part of the Foster Point neighborhood project requires the
installation of a sewer lift station. The sewer lift station needs to be located near the Foster Point
Bridge to minimize piping, insure proper gravity and be above the flood plain line. The best location
found was the southeast comer of Mr. Jerry Wheaton's property (see map).
In December 2003, the City requested an appraisal of Mr. Wheaton's property. The appraisal was
done by CJM Investment Property Advisors, Inc., of Bellevue, who recommended a price of $33,375
for the 1,200 square feet of property. On January 26, 2004, the City offered $33,375 for the property
and Mr. Wheaton rejected the City's first offer.
On February 24, 2004, the City offered Mr. Wheaton $53,375 after the City Attorney's office provided
direction that the offer could be increased over the appraiser's recommendation based on the costs the
City would likely incur if the City would have to go to court for condemnation. The City Attorney
advised that court costs on each side could average $30,000 for a "normal" condemation case and go
as high as $60,000. Mr. Wheaton rejected the $53,375 offer.
At a March 23, 2004 meeting, Mr. Wheaton accepted a f'mal offer of $60,000 for the property. An
easement will be in effect for the property until installation of sewers, then Mr. Wheaton will complete
a short plat and a new 1,200 sq. ft. parcel will be created and owned by the City.
ALTERNATIVES
The Council ma5' approve the purchase of Mr. Wheaton's property allowing the project to begin
construction this summer or go to court for condemnation, postponing the project 6 to 12 months.
RECOMMENDATION
Approve the easement and purchase of Mr. Wheaton's property for $60,000.
MC:lw
attachment: Agreement and Easement for Sanitary Sewer Lift Station
AGREEMENT AND EASEMENT FOR
SANITARY SEWER LIFT STATION
This agreement made this day of ,2004, between Gerald A.
Wheaton, Jr. and Jane Wheaton, husband and wife ("Wheaton" herein) and the City of Tukwila,
a Washington Municipality ("Grantee" herein);
WHEREAS, Wheaton is the owner of Tract 32, Second Addition East Riverton Garden Tracts,
King County, Washington; and
WHEREAS, Grantee desires an easement for a sanitary sewer lift station on Wheaton's property
at a location more specifically described as herein below;
Now, therefore, in consideration of Sixty thousand dollars and no cents ($60,000.00) and other
good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in
consideration of the performance by Grantee of the covenants, terms, and conditions hereinafter
set forth, Wheaton hereby conveys and Quit Claims to the Grantee the following easement:
An exclusive perpetual easement over, across, along, in, upon, and under that portion of
Wheaton's property described in Exhibit "A" attached hereto and by this reference made a part
hereof for the purpose of installing, constructing, operating, maintaining, removing, repairing,
replacing, and using the sanitary sewer lift station and appurtenances thereto (herein the
"Improvements").
The terms "easement" and "easement area" in this instrument refer to the easement herein
granted on Wheaton's property and as described on the attached Exhibit "A".
1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and
expenses of construction and maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the
Improvements in accordance with the requirements any statute, order, rule or regulation of
any public authority having jurisdiction.
3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation,.
alteration, replacement or removal of the Improvements or any other major activity by
Grantee on Wheaton's Property, Grantee shall give Wheaton written notice thereof together
with preliminary plans and specifications for the same at least one (1) month prior to the
scheduled commencement of such activity.
Nothing herein shall be deemed to impose any duty or obligation on Wheaton to determine ·
the adequacy or sufficiency of the Grantee's plans and specifications, or t~ ascertain
whether Grantee's construction is in conformance with the plans and specifications
approved by Wheaton.
4. As-Built Survey. Upon Wheaton's request, Grantee shall promptly provide Wheaton with
as-built drawings and survey shox~ing the location and elevations of the Improvements on
Wheaton's property.
5. Access. The Grantee shall design, construct, maintain and use its Improvements in such
fashion as to permit reasonable access to Wheaton's Property. Grantee shall at all times
keep Wheaton's Property free and clear of ail obstructions and equipment.
6. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements for
the period of five (5) successive years, this Agreement and ail Grantee's fights hereunder
shall terminate and revert to Wheaton.
7. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and
save harmless Wheaton from and against any and all liability, loss, cost, damage, expense,
actions and claims, including costs and reasonable attorney's fees incurred by Wheaton in
defense thereof, asserted or arising directly or indirectly on account of or out of (I) acts or
omissions of Grantee and Grantee's servants, agents, employees, and contractors in the
exemise of the fights granted herein, or (2) acts and omissions of Wheaton in its use of
Wheaton's Property which affect Grantee's employees, agents, contractors, and other
parties benefiting from said Improvements; provided, however, this paragraph does not
purport to indemnify Wheaton against liability for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of Wheaton
or Wheaton's agents or employees.
8. Successors. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors and assigns.
9. Liability. In the event of any assignment of the fights hereunder, the liability of Grantee
and its assignees shall be joint and several.
10. Utility Relocation. Grantee shall relocate naturai gas and water service lines to a mutually
agreeable location determined in the field by both parties.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRALNTEE
~o~ow~s ~
Oerald~ A. Wheato~ Jr.
By:
Its:
AGREEMENT AND EASEMENT
STATE OF WASHINGTON )
: SS.
County of )
On:this 2Brai day of /V[Clrc],} , 2004, before me personally
appeared ~-¢rald A h/hea~com and
O"'a~ae. 5. I~he.a-I'an , to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed the
same as their free and voluntary act and deed, for the uses'and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
~ :o ~ m. ~ No~ Public in ~d for ~e State of W~o~
{~ 5 ~m / ~ residing at gen+o~
~,~..ff.16.0~...~J My Appoin~ent expires ~- / &-O ~
(P:Laurie AdminfMike/Agreement & Easement for SS Lift Station)
AGREEMENT AND EASEMENT
STATE OF WASHINGTON )
: SS.
County of )
On this day of , 2004, before me personally
appeared and
, to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary (print name)
Notary Public in and for the State of Washington,
residing at
My Appoin~nent expires
EXHIBIT "A"
Legal Description
of Whole Parcel
Tract 32, Second Addition East Riverton Garden Tracts, according to the plat thereof recorded in
Volume 12 of Plats, page 79, in King County, Washington;
EXCEPT any portion thereof as originally platted lying below the line of ordinary high water of
the Duwamish River.
Legal Description
of Easement to Tukwila
for the Lift Station
Beginning at the Sot/theast Comer Tract 32, Second Addition East Riverton Garden Tract,
thence N 55°-01'-00" W a distance of 40.00 feet; thence N 34°-59'-00'' E a distance of 30.00
feet; thence S 55°-01 '-00" E a distance of 40.00 feet to the North Margin of 56th Avenue South;
thence S 34o-59'-00'' W a distance 30.00 feet along the North Margin of 56th Avenue South to
the point of beginning.
Foster Point Map
. Utilities Committee
April 6, 2004
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, Bob Giberson, Ryan Larson, Tom Pulford, Pat Brodin,
Gail Labanara, Mike Cusick, Lucy Lauterbach
1. Emergency Operations Center Generator Public Works has decided the new Golf
Maintenance building off of Interurban Avenue will be the new Emergency Operation Center
(EOC). Some improvements are needed to make it fulfill this function. The City has a generator
that is available for use them, though it needs to be brought up to code. At the same time space at
the Maintenance Building is being readied staff will move a power transformer out of a flood
prone area. The cost of improvements needed including moving the transformer, enclosing space
for the generator, and readying the new space will be $82,847.20. Pride Electric was the lowest
responsive bidder. Pam asked if Homeland Security funds were available to help fund this, but
Jim said they were not, as many cities don't even have an EOC yet. The Committee asked about
the stability of the site, as it is on the Valley floor near the river. Jim said it is above the 100-year
flood plain, and was built on 4 feet of rock to stabilize it. Recommend bid award to Pride
Electric at a Regular Meeting.
2. North End GIS Results Ryan showed the Committee results of the information gathered
from the GIS inventory of the north end of Tukwila. The computer results can show only one
thing at a time (such as sewer outfalls), or it can show all appurtenances in the streets and at
addresses. Some of the things Ryan demonstrated were water and sewer pipes, surface water
lines, catch basins, plats, elevations and contour lines, conditions of facilities like pipes. The
program is very detailed and useful; staff found they had more catch basins than they had known
of. The program will be very useful in locating clogged drains that are under water, for example.
While it is possible to give a CD of this information to a contractor or developer, this is not done
for security reasons. However, the information may be viewed at the counter. Private as well as
public facilities need to be shown in future maps. Another issue on the horizon is that the City
may ask developers to submit permits as-builts in GIS to be able to add them to this program.
Information; refer to an available Council agenda.
3. Property Acquisition Foster Point The City needs some property near the Foster Point
bridge in order to put a lif~ station in for sewer service to Foster Point. Staff investigated two
properties, but one got developed in the mean time. The remaining property available belongs to
lerry Wheaten. To use a small portion of the property will cost the City $60,000. The good thing
is that when Mr. Wlaeaton short plats his land, the City will own the property, though it will be
on an easement Until that time. Since the owner rejected the City's fir.st offer, a price was
negotiated thalt saves the city the cost, time delay, and uncertainty of going to condemnation.
This is the best site and price available. Recommend acquisition to COW and Regular
Meeting.
_~.~. Committee chair approval