HomeMy WebLinkAboutTrans 2011-11-07 Item 2B - Interlocal Agreement - Transfer Ownership of Drainage Facility with King CountyCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: November 2, 2011
SUBJECT: Interlocal Agreement with King County
Transfer of Drainage Facility
ISSUE
Authorize the Mayor to enter into an Interlocal Agreement with King County allowing
Tukwila to accept transfer and ownership of a King County owned parcel used as a
storm drainage facility.
BACKGROUND
When the Tukwila South annexation occurred, King County owned rights -of -way were
automatically transferred to the ownership of the City of Tukwila. Real property owned
by the county is not automatically transferred with an annexation. King County currently
owns a parcel of land on which a storm drainage detention pond was built as part of the
S 200 St improvements. Future use of this pond will not be necessary, as the drainage
from S 200 St will be re- routed to a large regional detention pond as part of the
Southcenter Parkway Extension and Tukwila South projects. Furthermore, the parcel
currently occupied by the pond is proposed to be redeveloped as part of the Sensitive
Areas Master Plan (SAMP) approved for Tukwila South. Tukwila must own the storm
drainage parcel in order for the SAMP improvements to be constructed.
ANALYSIS
King County has prepared the attached Interlocal Agreement which transfers ownership
of the storm drainage parcel to Tukwila. The parcel number is 0222049061 and is
located at S 200 St and Frager Road in the Tukwila South area.
RECOMMENDATION
The Transportation Committee is being asked to approve this item authorizing the
Mayor to execute the Interlocal Agreement with King County and forward it for
consideration at the November 14, 2011 Committee of the Whole meeting and
subsequent November 21, 2011 Regular Meeting.
Attachment: Interlocal Agreement
WAPW Eng \PROJECTSW- RW RS Projects \11000300 (Tukwila South Project Coordination) \Info Memo ILA for Drainage Facility.doc
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AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF TUKWILA RELATING TO THE TRANSFER OF
A DRAINAGE FACILITY
THIS IS AN INTERLOCAL AGREEMENT between King County, a home rule charter
county, a political subdivision of the State of Washington, hereinafter referred to as the
"County," and the City of Tukwila, a municipal corporation of the State of Washington,
hereinafter referred to as the "City."
A. The County owns a storm drainage facility within the City adjacent to Frager
Road South.
B. The storm drainage facility is located on parcel 022204 -9061 as shown in Exhibit
1, (the "Parcel
C. The storm drainage facility supports the section of Frager Road South that is
within the City as a result of the approved Tukwila South Annexation.
D. The City requests that the County transfer the Parcel to the City so that the City
can include the Parcel in the City's Sensitive Areas Master Plan (SAMP) which
includes the construction of a regional storm drainage facility and a river habitat
enhancement.
E. The County wishes to transfer the Parcel to the City. The Parcel is legally
described in Exhibit 2.
F. The City desires to accept the Parcel.
G. The County is willing to comply with the City's request for the transfer of the
Parcel for the purpose of including it in the City's SAMP.
H. RCW Chapter 39.33 permits the transfer of property from the County to the City.
I. The County and the City are authorized, pursuant to RCW Chapter 39.34, to enter
into an Interlocal Cooperative agreement of this nature.
NOW THEREFORE, in consideration of the terms and conditions contained herein, it is
mutually agreed by the County and the City as follows:
1. COUNTY RESPONSIBILITIES
1.1 Within thirty (30) days of the execution of this Agreement by the parties,
the County shall transfer to the City, ownership of the Parcel by quit claim
deed.
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1.2 The City agrees to accept the Parcel "as is" and assumes full and complete
responsibility for operation, maintenance, and repairs to the Parcel upon
transfer of the Parcel to the City.
2. CITY RESPONSIBILITIES
2.1 The Parcel will be maintained and used, in perpetuity, as part of the City's
SAMP which includes a regional stormwater pond and a river habitat
enhancement.
2.2 The deed to the property shall contain all reservations of record known to
the County, and the following specific covenant pertaining to use:
"The Grantee shall maintain the property in its existing or
improved condition as set forth in the City's SAMP in perpetuity."
3. DURATION
This agreement shall be effective upon execution by both parties, and shall
continue in force and in accordance with the terms of this Agreement, or until this
Agreement is terminated in writing by mutual consent of both parties.
4. INDEMNIFICATION
Washington State law shall govern the respective liabilities of the parties to this
Agreement for any loss due to property damage or injury to persons arising out of
activities conducted pursuant to it.
5. AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this contract
shall be subjected to inspection, review or audit by the City or the County at the
requesting party's sole expense during the term of this Agreement and three (3)
years after expiration or termination. Such records shall be made available for
inspection during regular business hours within a reasonable time of the request.
6. WAIVER OR AMENDMENTS
Waiver of any breach of any term or condition of this Agreement shall not be
deemed a waiver of any prior or subsequent breach. This Agreement shall not be
modified or amended except by an instrument, in writing, signed by the parties
hereto.
7. ENTIRE AGREEMENT
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This Agreement is the complete expression of the terms hereof and any
representations or understandings, whether oral or written, not incorporated herein
are excluded
8. INVALID PROVISION
If any provision of this contract shall be held invalid, the remainder of the
agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date last
written below,
KING COUNTY
KING COUNTY EXECUTIVE
DATE
Approved as to Form:
King County Deputy Prosecuting Attorney
DATE
CITY OF TUKWILA
CITY MAYOR
DATE
Approved as to Form:
City Attorney
DATE
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EXHIBIT 2
PERMANENT STORMWATER RIGHT OF WAY
Commencing at the SE corner of the SW '/4 of the NW 1 /4 of said Section 2;
Thence North 89 16'32" West along the East -West centerline of said Section 458.30 feet;
Thence North 2 40'47" East 53.72 feet to the POINT OF BEGINNING;
Thence continuing North 2 40'47" East 68.04 feet;
Thence North 20 °24'53" East 88.72 feet;
Thence North 49 07'02" East 82.00 feet to an intersection with the Southwesterly margin of
Frager Road;
Thence South 40 52'58" East along said Southwesterly margin 117.97 feet to a point on a curve
from which the radial center bears South 49 07'02" West 798.51 feet;
Thence Southeasterly along the arc said curve concave to the Southwest 93.58 feet to a point on
a non tangent curve from which the radial center bears South 84 31'00" West 40.00 feet;
Thence Southwesterly along the arc of said curve concave to the Northwest 67.17 feet;
Thence North 89 16'32" West 190.00 feet to the POINT OF BEGINNING. Containing 31,447
square feet more or less.
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