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HomeMy WebLinkAboutPermit L92-0092 - TUKWILA INTERURBAN INVESTMENTS - COAL MINE WAIVER SPECIAL PERMISSIONl92-0092 interurban avenue south and 52nd avenue south tii coal mine waiver City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director November 6, 1992 Tukwila Interurban Investment Corp. c/o Cromwell, Mendoza, & Belur, P.S. 6450 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Re: Tukwila Interurban Investments, Inc. (TII) properties affected by Tukwila's Sensitive Areas Ordinance (SAO) Overlay Zone Dear Mr. Cromwell: This is in response to your letter of October 16, 1992, and modifies our October 15, 1992 letter related to potential coal mine hazards. This letter reinforces the City's position (October 15, 1992 letter) regarding sensitive areas and the TII property (Attachment A) located at the intersection of Interurban Avenue S. and 52nd Avenue S. We concur that the presence of natural coal deposits on the subject property has not been recently verified. As we have discussed, the sensitive areas map depicts the Interurban Avenue coal deposits as mapped by Washington State Department of Natural Resources (Waldron 1962). The City's consultant, Hart Crowser Inc., indicated that the referenced mapping was based on observed surficial outcrops of coal seams in the area. Their recent letter to the City (Attachment B) mentions the use of exposed coal deposits for mapping and the importance of identifying potential risk from undocumented coal mining activities. This mapping of the Renton Formation Outcrop includes your property and the coal extraction area known as the Tukwila Mine. Your client, TII, has informed us that the southern half of the Renton Formation may have been the only area actually mined for coal. In response to your concern regarding the Potential Coal Mine Hazard designation, the City is considering certain modifications to the Sensitive Areas Overlay map. As an immediate remedy per the waiver requirements. of Tukwila's SAO (TMC 18.45.020 - F.2), the subject properties will be specifically exempted from Coal Mine Hazard studies with two conditions. As a first condition, City review of the subject property and consultation with Hart Crowser Inc., has suggested a low probability of on -site coal mine activity. As a second condition of this SAO waiver, TII submits 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 Tukwila Interurban Investment Corp. November 6, 1992 Page 2 an approved letter that indicates there is no historical evidence of coal mining on the site, and releases the City from all liability related to physical subsidence and other hazards resulting from previous coal mining activities. Upon receipt of the above referenced written statement (liability letter), the subject properties will be exempt from geotechnical studies associated with Potential Coal Mine Hazard. In summary, there is no evidence of significant coal deposits on your parcels ( #'s 000300 -0004 & 000300 -0088) located at the intersection of Interurban Avenue S. and 52nd Avenue S. Additionally, the potential parking lot activity appears to satisfy the SAO waiver requirements with respect to Potential Coal Mine Hazard areas. However, geotechnical studies will be required for development proposals within areas of Potential Geologic Instability (TMC 18.45.080 E.) and consistent with current standards of the Uniform Building Code. This letter is provided for the exclusive use of Tukwila Interurban Investments, Inc., and its attorneys, and should not be relied upon by a third party without independent verification of its contents. The City anticipates the receipt of your written statement concerning coal mine activity and liability. If you have any questions concerning this letter's contents, please feel free to contact me or Gary Schulz - Urban Environmentalist. Respectfu - submitted, L. Rick Beeler Director of Community Development cc: Mayor Rants John McFarland, City Administrator Mike Kenyon, City Attorney C. Gary Schulz, Urban Environmentalist Ron Cameron, City Engineer e4 0,446 rco1J .t Of. e eo • a tl= i cM 9 c 0, \ RECEIVED NOV p 61992 COMMUN,TY oEVELOPMEN7 November 3, 1992 The Honorable John W. Rants, Mayor City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Re: Tukwila Interurban Investments, Inc./ property at 52nd Avenue So. and Interurban Avenue - coal mining activity issue Dear Mayor Rants: Based on recent conversations with City officials, it is This understanding that the property involved is within a potential coal zone or area as designated under present City rules or regulations. TII is considering leasing this property to Metro. TII provides this letter in order to facilitate Metro's ability to lease the property to use as a bus overflow parking lot facility. Because of the possible coal zone designation which this property is within, it is apparently important to establish some protection for the City, so that Metro can proceed with use of the property (if TII so leases to it) without first having to conduct geotechnical engineering tests and reports on the coal mining issue. We understand that reports or studies may be required for other reasons subject to Tukwila's SAO. Accordingly, this is to provide the City with certain assurances and provide it a release from potential liability /risk regarding the pre- existing coal mine issue. TII has been informed by the City that some evidence of coal has been found on the property. TII assures the City that no coal mining activity is being done on the property and that, based on length of TIl's ownership and direct knowledge and /or observation by living in the immediate area since 1942, owners can attest to the fact of no coal mining activity ever having taken place on the site since that time, and to the best of our knowledge none was done prior to that date. Further, TII is willing to and hereby releases the City, and agrees to defend and indemnify the City, from all liability for, relating to, or arising from the issue of whether or not coal mining activity has ever occurred on this property. This release pertains only to this particular property and this particular issue. Sincerely, 727, Louise M. Strander, President Tukwila Interurban Investments, Inc. City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director October 27, 1992 Tukwila Interurban Investment Corp. c /o Mr. Gregory Cromwell Cromwell, Mendoza, & Belur, P.S. 6450 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Re: Tukwila Interurban Investments, Inc. (TII) proposed liability letter for Tukwila's Sensitive Areas Ordinance (SAO) - coal mine study waiver Dear Mr. Cromwell: We have reviewed TII's proposed liability letter (Louise M. Strander 10/14/92) and a copy is enclosed for review. Also enclosed is a copy of our "modified" SAO waiver letter. Please review it for your "coal deposit" concerns. Mike Kenyon - City Attorney, has requested the following changes to the original text of TII's liability letter. 1) Add to 2nd paragraph - Because of the possible coal zone designation which this property is within, it is apparently important to establish some protection for the City, so that Metro can proceed with use of the property (if TII so leases to it) without first having to conduct geotechnical engineering tests and reports on the coal mining issue. We understand that reports or studies maybe required for other reasons subject to Tukwila's SAO. Accordingly, this is to provide the City with certain assurances and provide it a release from potential liability /risk regarding the pre- existing coal mine issue. 2) Add to 4th paragraph - Further, TII is willing to and hereby releases the City, and agrees to defend and indemnify the City, from all liability for, relating to, or arising from the issue of whether or not coal mining activity has ever occurred on this property. 3) Delete from 4th paragraph - This release pertains only to this particular issue, and no other matters or issues now existing or . which may arise in the future. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 .. ".! . Mr. Gregory Cromwell October 27, 1992 Page 2 I hope these changes can be agreed upon to resolve this issue. If you have any questions concerning this letter's contents, please feel free to contact me or Mike Kenyon. Respec f 1.1. submitted, L. Rick Beeler Director of Community Development cc: Mayor Rants John McFarland, City Administrator Mike. Kenyon, City Attorney C. Gary Schulz, Urban Environmentalist October 26, 1992 Tukwila Interurban Investment Corp. c/o Cromwell, Mendoza, & Belur, P.S. 6450 Southcenter Blvd. Suite 100 Tukwila, WA 98188 b'll//agK- 44e7- Re: Tukwila Interurban Investments, Inc. (TII) properties affected by Tukwila's Sensitive Areas Ordinance (SAO) Overlay Zone Dear Mr. Cromwell: This is in response to your letter of October 16, 1992, and modifies our October 15, 1992 letter related to potential coal mine hazards. This letter reinforces the City's position (October 15, 1992 letter) regarding sensitive areas and the TII property (Attachment A) located at the intersection of Interurban Avenue S. and 52nd Avenue S. We concur that the presence of natural coal deposits on the subject property has not been recently verified. As we have discussed, the sensitive areas map depicts the Interurban Avenue coal deposits as mapped by Washington State Department of Natural Resources (Waldron 1962). The City's consultant, Hart Crowser Inc., indicated that the referenced mapping was based on observed surficial outcrops of coal seams in the area. Their recent letter to the City (Attachment B) mentions the use of exposed coal deposits for mapping and the importance of identifying potential risk from undocumented coal mining activities. This mapping of the Renton Formation Outcrop includes your property and the coal extraction area known as the Tukwila Mine. Your client, TII, has informed us that the southern half of the Renton Formation may have been the only area actually mined for coal. In response to your concern regarding the Potential Coal Mine Hazard designation, the City is considering certain modifications to the Sensitive Areas Overlay map. As an immediate remedy per the waiver requirements of Tukwila's SAO (TMC 18.45.020 - F.2), the subject properties will be specifically exempted from Coal Mine Hazard studies with two conditions. As a first condition, City review of the subject property and consultation with Hart Crowser Inc., has suggested a low probability of on -site coal mine activity. As a second condition of this SAO waiver, TII submits Tukwila Interurban Investment Corp. October 26, 1992 Page 2 an approved letter that indicates there is no historical evidence of coal mining on the site, and releases the City from all liability related to physical subsidence and other hazards resulting from previous coal mining activities. Upon receipt of the above referenced written statement (liability letter), the subject properties will be exempt from geotechnical studies associated with Potential Coal Mine Hazard. In summary, there is no evidence of significant coal deposits on your parcels ( #'s 000300 -0004 & 000300 -0088) located at the intersection of Interurban Avenue S. and 52nd Avenue S. Additionally, the potential parking lot activity appears to satisfy the SAO waiver requirements with respect to Potential Coal Mine Hazard areas. However, geotechnical studies will be required for development proposals within areas of Potential Geologic Instability (TMC 18.45.080 E.) and consistent with current standards of the Uniform Building Code. This letter is provided for the exclusive use of Tukwila Interurban Investments, Inc., and its attorneys, and should not be relied upon by a third party without independent verification of its contents. The City anticipates the receipt of your written statement concerning coal mine activity and liability. If you have any questions concernin \this letter's contents, please feel free to contact me at 431 -- 662 e Respectfully submitted, L. Rick Beeler ti Director of Community Development cc: Mayor Rants John McFarland, City Administrator Mike Kenyon, City Attorney C. Gary Schulz, Urban Environmentalist Ron Cameron, City Engineer •10/16/92 17:05 FREDERICK MENDOZA GREGORY F. CROMWELL JERRY J. BELUR LAURA GENE MIDDAUGH LINDA D. PARRISH e248 0933 October 16, 1992 CROMWELL MENDOZA CROMWELL, MENDOZA BELUR, P. S. ATTORNEYS AT LAW SUITE 100 6450 SOUTHCENTER. BOULEVARD SEATTLE, WASHINGTON 98188 -2588 Mr. L. Rick Beeler Director of Community Development City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste. #100 Tukwila, Washington 98188 Re: Tukwila Interurban Investments, Inc. (TII) properties/ Sensitive Areas Overlay Zone concerning coal mining activities Dear Mr. Beeler: 2005 RECEIVED OCT 1 9 1992 COMMUNITY DEVELOPMENT (206) 248-3500 TELECOPIER: (206) 248-0933 VIA FACSIMILE Thank you for faxing me a copy of your October 15, 1992 letter to TII c/o Darlene Crostick. I have reviewed it with the principals of the company. It is acceptable except for a minor detail. Please note your letter language in the last paragraph on the first page which uses the phrase: "observed surface coal deposits." My client respectfully requests that the sentence within which this phrase is found be deleted entirely from your letter. Darlene Crostick recalls from earlier conversations with City personnel comments that the City was concerned with buildings being placed over coal "deposits." The comments from that City person were to the effect that they did not know what problems would arise if someone placed a building over a coal deposit. Given that comment, the phrase used in your letter naturally makes my client nervous that the City may later cause it difficulties if later events result in a decision to place a building on the property involved. TII reasonably and rightfully maintains that there are no observed surface coal deposits on the property. The principals of the company have been involved with this property for decades and neither they nor anyone else has heretofore observed any coal or evidence of coal on the property. Further, use of the word "deposits" is disturbing. The word connotes the existence of coal on the property in large quantities. There is no proof of any kind that this is true. v..a.u��a_ s: fdU! O:: y: d,}• T_ a[ dt'Kr::gL'C.YSi�N {Gti +tY'[L1A9i C)J::'S.`dn•xv>u : r4roy+, .10/16/92 17:06 131248 0933 Mr. L. Rick Beeler October 16, 1992 Page - 2 '1✓ "::Y.t...�:G�C' <?:', .:.Y. A� °,.,. !Y's .... .., .':t:T°S%'3mvu.. rlr,� ?ri,};±CS ;. ^Pik` n"_.eY�- �.,..<,t`5 X•,,y.••R• u, ��.,:...... H•':v'ri`t;9.1 .ax`: �i':Fz,?7.....�.. ., .,,, , ..�.n , 5 .. "z _r.'.t:: ^' .. .."V??,. ., c,... .„ `i'.`r�'.3,. .lt. .,....`C:.��, � w. ^t.. e!e• ^ >r. CROMWELL MENDOZA 1 006 Accordingly, we respectfully request that your letter be modified by deleting the last sentence on the first page, which extends to two (2) words at the beginning of the second page. If you will do that, your letter is acceptable to TH. Accompanying this is a copy of a letter by Til addressing the company's release of the City from liability that may arise from its removing or exempting the property from the Sensitive Areas Ordinance coal mine hazard designation. We provide this copy for your preliminary review and input. TII will provide the release letter to the City conditional upon the City modifying its letter as discussed above. If the within request is acceptable to the City, please make the changes and let us know. We will then hand deliver TII's release letter to the City for contemporaneous exchange with and for the City's exemption/waiver letter. Thank you for your time and consideration. Sincerely, CR s WELL, NDOZA & BELUR, P.S. 1.11.$0_6,* i� �n GFC /me romwell cc: Louise M. Strander Bill & Darlene Crostick Mayor John W. Rants Mike Kenyon, City Attorney C. Gary Schulz, Urban Environmentalist Ron Cameron, City Engineer _ ;,. .10/16/92 17:03 13%248 0933 FREDERICK MENDOZA GREGORY P. CROMWELL JERRY J. BELUR LAURA GENE MIDDAUGH LINDA D. PARRISH October 16, 1992 CROMWELL MENDOZA Q002 CROMWELL, MENDOZA fa BELUR, P. S. ATTORNEYS AT LAW SUITE 100 8450 SOUTHCENTER BOULEVARD SEATTLE, WASHINGTON 98188 - 2S138 Mr. John McFarland City Administrator City of Tukwila 6200 Southcenter Blvd. Tukwila WA 98188 Re: Tukwila Interurban Investments, Inc. (TII) /Sensitive Areas Overlay Zone Regarding Coal Mine Hazard Designation Dear John: (206) 248-3500 TELECOPIERz (206) 248-0933 VIA FACSIMILE Fax No.: 433 =1833 In the afternoon of October 16, 1992, I received by fax machine an October 15, 1992 proposed release letter from Mr. L Rick Beeler, Director of Community Development. I immediately met with the principals of TII and discussed that letter. Accompanying this is a copy of my letter to Mr. Beeler concerning a slight modification we request to his letter. Also accompanying is a copy of TII's proposed release letter for the City regarding its willingness to waive or exempt the subject property from the coal mine hazard designation. It would be most appreciated if you would discuss the issue raised in my letter to Mr. Beeler with him and other necessary people, and let me know whether our requested change is acceptable. If it is, please let me know. We can then arrange a contemporaneous exchange of TII's release letter for the City, with the City release letter for TII. Thank you for your time and consideration. Sincerely, WELL, MENDOZA & BELUR, P. S. Cromwell GFC /fal Enclosures cc: Darlene and Bill Crostick Louise M. Strander 10/16/92 17:04 $248 0933 October 14, 1992 The Honorable John W. Rants, Mayor City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98186 CROMWELL MENDOZA Re: Tukwila Interurban Investments, Inc./ property at 52nd Avenue So. and Interurban Avenue - coal mining activity issue Dear Mayor Rants: Based on recent conversations with City officials, it is TII's understanding that the property involved is within a potential coal zone or area as designated under present City rules or regulations. TII is considering leasing this property to Metro. TII provides this letter in order to facilitate Metro's ability to lease the property to use as a bus overflow parking lot facility. 0003 Because of the possible coal zone designation which this property is within, it is apparently important to establish some protection for the City, so that Metro can proceed with use of the property (if Til so leases to it) without first having to conduct geotechnical engineering tests and reports. Accordingly, this is to provide the City with certain assurances and provide it a release rom potential liability /risk regarding the pre- existing coal mine issue. -(' (ift-t mflu'ac ; sotc... - 4,44-:.-11 tL�f f - N ih ,r! �n k 1 r4£ fly < wJ ' fciLlfr) TII has been informed by the City that some evidence of coal has been found on the "' property. TII assures the City that no coal mining activity is being done on the property ,ecu -c and that, based on length of TII's ownership and physical appearance of the property, 64b ,- • no preexisting coal mining activity has ever occurred on it. Cikek5 'OD 44 74- ;'1L4441116 Further, TII is willing to and hereby releasesithe City from all liability for, relating to, or arising from the issue of whether or not coal mining activity has ever occurred on this 004 property. This release pertains only to this particular property and this particular issue, and no other matters or issues now existing or which may arise in the future. Sincerely, ,,,,,fee,464„. 2,2 —44•MeGz., Louise M. Strander, President Tukwila Interurban Investments, Inc. City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director October 15, 1992 Tukwila Interurban Investment Corp. c/o Ms. Darlene Crostick P.O. Box 88636 Tukwila, WA 98188 Re: Tukwila Interurban Investment (TII) properties affected by Tukwila's Sensitive Areas Overlay Zone Dear Ms. Crostick: Per the request of Mayor Rants, I am writing to summarize the City's position regarding sensitive areas and your property (see attached map) located at the intersection of Interurban Avenue S. and 52nd Avenue S.. As we have discussed, the sensitive areas map depicts the Interurban Avenue coal deposits as mapped by Washington State Department of Natural Resources (Waldron 1962). The City's consultant, Hart Crowser Inc., has indicated the mapping was based on observed surficial outcrops of coal seams. This mapping of coal formations includes the coal extraction area known as the Tukwila Mine operation. The City understands, from a historical perspective, that the southern half of this formation may have been the only area actually mined for coal. In response to your concern and the request to remove the Potential Coal Mine Hazard designation, the City is considering certain modifications to the Sensitive Areas Overlay map. As an immediate remedy to waive the requirements of Tukwila's Sensitive Areas Ordinance (SAO), the subject properties will be exempted from the specific Coal Mine Hazard studies with the following conditions. The first condition, City review of the site and consultation with Hart Crowser Inc., suggests a low probability of previous coal mine activity. As a second condition of the SAO waiver, TII has submitted a letter that indicates there is no historical evidence of coal mining on the site and releases the City from all associated liability related to physical subsidence and other hazards resulting from previous coal mining activities. Upon receipt of the written statement, referenced above, the subject properties will be exempt from geotechnical studies associated with Potential Coal Mine Hazard. The City may revise the Sensitive Areas Overlay mapping information to indicate observed surface coal deposits versus known coal mining areas of 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431-3665 ATTACHMENT B NMI HARTCROWSER Earth and Environmental Technologies J -2860 October 16, 1992 Mr. Gary Schulz City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, Washington 98188 Re: Abandoned Coal Mine Hazards Dear Mr. Schulz; 0 O vt � � 9199 Nt3‘` 04v GG,to Hart Crowser, Inc. 1910 Fairview Avenue East Seattle, Washington 98102 FAX 206.328.5581 206.324.9530 As follow -up to our meeting on October 14, 1992, with you and Mr. Ron Cameron, we are sending this letter to address zoning issues related to potential hazards of abandoned underground coal mines discussed in Hart Crowser's previous report dated May 3, 1990. Our report described several areas of reported abandoned mines where we recommended closer examination before new development is permitted. You asked us about the Tukwila Mine area which is shown on Figure 2 of our report. As we discussed, the figure shows a map with approximate location of three documented mine entrances and ground depressions which are suspected or reported subsidence features. These entrances, depressions, and reported subsidence are all south of S. 139th Street, in the lower part of the shaded area on the map. Our previous study did not disclose any mine maps which showed the extent of mine workings extending from the three entrances and the exact locations of former mine entrances are not known. The figure is also shaded north of South 139th Street to indicate the area where bedrock identified as the Renton Formation Outcrop (including coal) was previously mapped by others. Because coal was exposed at the surface, we consider this to be an area where potential mine prospecting or unreported mining may have occurred. Seattle • Tacoma • Richland • Anchorage • Portland • San Francisco • Long Beach ; • ins City of Tukwila October 16, 1992 J -2860 Page 2 We identified this as an area where the City and landowners should be aware of some potential risk. However, there is clearly greater risk associated with building in the area of known mining, compared to the rest of the shaded area on the map. From a land use perspective, we understand the City will continue to advise landowners and others that there is some risk of encountering unreported mine hazards throughout the Outcrop area. We concur with your zoning code that special study should be required appropriate to proposed development in the areas where known mining results in potential geologic hazards. Since the extent of the mine workings is not documented, we recommended the area where special studies are required extend beyond the approximate mine entrance locations by a buffer of say 200 to 300 feet. For perspective, we understand the new King County draft zoning code imposes special requirements for proposed development within 200 feet of known mine workings. Also, if additional evidence of mining is encountered within the Renton Formation Outcrop area, or elsewhere, the City will want to revise the area where special studies are required as part of the building permit process. We appreciate the opportunity to work with the City of Tukwila. Please call if we can provide any further assistance. Sincerely, HART CROWSER, INC. MICHAEL J. BAILEY, P.E. Senior Associate TUKWAML.LTR cc: Ron Cameron, P.E., City of Tukwila .10/16/92 17.04 X248.0933 _... October 14, 1992 The Honorable John W. Rants, Mayor City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 CROMWELL MENDOZA ldj003 Re: Tukwila Interurban Investments, Inc./ property at 52nd Avenue So. and Interurban Avenue - coal mining activity issue Dear Mayor Rants: Based on recent conversations with City officials, it is TV's understanding that the property involved is within a potential coal zone or area as designated under present City rules or regulations. TO is considering leasing this property to Metro. TII provides this letter in order to facilitate Metro's ability to lease the property to use as a bus overflow parking lot facility. Because of the possible coal zone designation which this property is within, it is apparently important to establish some protection for the City, so that Metro can proceed with use of the property (if TII so leases to it) without first having to conduct geotechnical engineering tests and reports. Accordingly, this is to provide the City with certain assurances and provide it a release from potential liability /risk regarding the pre- existing coal mine issue. TII has been informed by the City that some evidence of coal has been found on the property. TV assures the City that no coal mining activity is being done on the property and that, based on length of TV's ownership and physical appearance of the property, no preexisting coal mining activity has ever occurred on it. Further, TII is willing to and hereby releases the City from all liability for, relating to, or arising from the issue of whether or not coal mining activity has ever occurred on this •10/16/92- 17:05 $248 -0933 CROMWELL MENDOZA The Honorable John W. Rants, Mayor October 14, 1992 Page -2 property. This release pertains only to this particular property and this particular issue, and no other matters or issues now existing or which may arise in the future. Sincerely, •3.ee,444 7'l..,.+s ,,1e,r., Louise M. Strander, President Tukwila Interurban Investments, Inc. Z004 ... City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director October 13, 1992 Greg Comwell Cromwell, Mendoza & Belur Suite 100 6450 Southcenter Boulevard Tukwila, WA Re: Property at 13530 53rd Ave. S. Dear Mr. Cromwell: Yesterday I received your letter of October 8, 1992 alleging encroachments by public facilities onto this property. Because these facilities are the jurisdiction of the Public Works Department I forwarded your letter to that department. You can expect to be contacted by Public Works in the near future to discuss the issues you raised. Please contact Gary Schulz, Urban Environmentalist, at 431 -3662 about your Sensitive Areas Ordinance issues. L. Rick Beeler Director cc: Mayor City Attorney Ross Earnst, Public Works Director Gary Schulz 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 October 7, 1992 Tukwila Interurban Investment Corp C/O Mrs. Louise Strander P.O. Box 88636 Tukwila, WA 98188 Dear Mrs. Strander: The purpose of this letter is to provide a status report on the issues relating to the property owned by Tukwila Interurban Investment Corporation, hereinafter referred to as (TII), at the southwest corner of the intersection of Interurban Avenue and 52nd Avenue South. It shall also act as an agreement on behalf of the City to complete certain elements of public works on or in the vicinity of this property. The following is a status of the issues identified at our meeting on June 25, 1992: 1. The City will provide a driveway curb cut along the Interurban Avenue frontage. The proposed location of this curb cut will be provided by TII. The construction will include meeting grade on your property between the sidewalk elevation and the lot. As agreed, we will provide one curb cut and any additional cuts or relocations will not be at the expense of the City. 2. The City will raise the elevation of the storm sewer catch basin on the west side of the property, which will also include adjusting the grade and fill. 3. The two catch basins on the south side of 52nd Avenue South have had berms installed to prevent diversion of runoff to the TII property. This should substantially reduce the runoff that you indicated had been sheet flowing from the street onto the property. 4. As -built drawings are enclosed showing the street, sidewalk and utilities. As indicated, the depth of utilities are also provided. 5. In reviewing the as -built drawings, they demonstrate that City-owned utilities have been installed within the public right -of -way. This includes the Seattle City Light installations. The City realizes that a survey provided by TII shows encroachment of the sidewalk onto the TII property. This is an issue that will take some time and effort to resolve and may not be worth the expense. I suggest that we consider an easement be prepared that covers the sidewalk placement. This would effectively deal with the issue and cover any contingency that may arise should any or all of the utilities actually be on TII property. We have asked Mr. Schroeder, the surveyor used by TII, to provide the City with a cost quote on preparing a legal description for the sidewalk and utilities easement. To date he has not met this request. We are following up. 6. With respect to the issue of eliminating any reference to the existence of a coal mine hazard on the property, the Urban Environmentalist visited the property and found evidence of coal deposits. This adds credibility to the map produced by the City in association with the development of the Sensitive Areas Ordinance. We are, however, willing to provide a letter stating that, based on our review, we have found no evidence of coal mining activity. In exchange, we would of course require TII to release the City of Tukwila from any and all liability in making this declaration. We hope this letter addresses all of TII's concerns satisfactorily. The curb cut, grade and fill and storm drainage issues will be the exclusive responsibility of the City within the confines of the agreements stated above. The matter of the easement will require some cooperation on the part of TII. The City has made substantial improvements to the frontage of the TII property at no cost to the partnership. In return, we believe that the granting of an easement for placement of the sidewalk and possibly, certain utilities, is a reasonable request. Sincerely, John W. Rants Mayor Encl. As -built drawings FREDERICK MENDOZA GREGORY F. CROMWELL JERRY J. RELUR LAURA GENE MIDDAUGH LINDA D. PARRISH October 6, 1992 CROMWELL, MENDOZA 8 BELUR, P. S. ATTORNEYS AT LAW' SUITE 100 6450 SOUTHCENTER BOULEVARD SEATTLE. WASHINGTON 98188-2588 Mr. Ross Eamst Director of Public Works City of Tukwila 6200 Southcenter Blvd Tukwila WA 98188 Re: Tukwila Interurban Investments Co., Inc. (TII) /Request for City Survey Dear Mr. Earnst: (208) 248-3500 TELECOPIER: (208) 248 -0933 RECE J VE D OCT 7 1992 CITY OF MAYORS OFFICE I was directed to you by Mr. Michael Kenyon, City Attorney. I spoke with Mike the moming of Monday, October 5, 1992, concerning a request by TII for a copy of the City's survey regarding certain real property owned by TII. I have enclosed for your information, the following to help you with background so that you better understand our request: 1. July 16, 1992 letter from the Honorable John W. Rants, Mayor of City of Tukwila, to TII; 2. My letter of August 26, 1992 to Mayor Rants, requesting a copy of the City's survey maps regarding the TII property area involved. As you can see, certain real property /encroachment issues are being resolved between the City and my client, TII. TII wishes to compare City survey information with their own survey so they can be better informed and fully understand the easement request or suggestion made by the City for what TII views as encroachments on their property. We respectfully request a copy set of the City's survey covering the property or area in question. Being able to compare the City's survey with their own, TII will be able to determine what, if any, discrepancies which may exist. This will allow them to feel comfortable there are no undiscovered problems or other matters concerning encroachments which they may be missing. Please call if you have any questions or need further information in order to comply with our request. Otherwise, your prompt attention to our request will be most appreciated. Sincerely, CROMWELL, MENDOZA & BELUR, P. S. Gre • - ry F. romwell GFC /fal Enclosure cc: Bill and Darlene Crostick Louise M. Strander John W. Rants, Mayor of City of Tukwila Michael R. Kenyon, City Attorney