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Home My WebLink About2000 - Undergrounding Agreement - Smith Jeff / AT&T / TCI Cablevision of Washington Inc - 20001228000806co 0 0 0 0 CV N c; 0 CV Return Address: Parties: Other: CITY OF TUKWILA City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Document Title(s): Undergrounding Agreement Waiver to Undergrounding Ordinanace Obligation for Future Undergrounding 37 Ave S, S 130 St, 40 Ave S, E N •final P S City of Tukwila, Washington Smith Last Name A T T TCI Cablevision of Washington, Inc. Company Name (if business) 12911 NE 126th Place Address CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Jeff First Name Kirkland WA City State Assessor's Property Tax Parcel /Account Number(s): 2000122 PAGE 001 13.00 KING Initials 98034 Zip Public Works: 2/25/97 UNDERGROUNDING AGREEMENT WAIVER TO UNDERGROUNDING ORDINANCE OBLIGATION FOR FUTURE UNDERGROUNDING The proposed system upgrade at: 37 Ave S. S. 130 St. 40 Ave S. E. Marginal Wav S. requires undergrounding per Ordinance 486, 924 and 1321. In compliance with the requirements of Ordinance No. 1607, TCI has demonstrated compliance with the Underground Ordinance will create undue hardship if carried out as part of the system upgrade. TCI is obligated to participate in funding future undergrounding improvements for their proportionate share of said undergrounding. Furthermore, if the L.LD./U.L.I.D. process is used to carry out the construction of this undergounding, TCI waives the right to protest L.I.D. or U.L.I.D. formation for this undergrounding. TCI retains the right to contest the method of calculating assessments in such L.I.D. or U.L.I.D. and the amount thereof to be levied against TCI which would be within such L.I.D. or U.L.I.D. This Agreement shall be recorded by the City Clerk with the King County Auditor as required by Chapter 35.91 RCW and the cost of said recording will be paid by the City. This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. APPLICANT: Street Address ignature) Applicant (Print Name) Phone 12911 NE 126TH PL KIRKLAND, WA. 98034 Paee 1 of 2 /I-Z -o0 Date City, State, Zip 425 497 -5151 STATE OF WASHINGTON ss County of RING On this day personally appeared before me ,TFFF Si1TTH to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her /their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 16TH day of NOVEMBER _2f CITY OF TUKWILA: Signerure c n /p /C Director Date Print Nunn NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT $-7v6 CoZcaay Ut Sr jL�.NO My commission expires �;cr a Paz2: of 0 0 CCD cv CD 0 N December 15, 2000 Mr. Tim Morrow P.E. City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 i2 NOV 1 7 9000 i VSO: PUBLIC S'✓CRKc Dear Mr. Morrow, RE: Resubmittal Revision of September 7th, 2000 proposal. AT &T The purpose of this letter is to apply for a Variance to obtain a "Deferral of Undergrounding for Installation for Upgraded Utility Lines," as per City of Tukwila Ordinance 1607 Section 2. TCI is requesting that the City of Tukwila approve a variance deferral based on the fact that the requirement for undergrounding the upgraded cable system for this proposed permit will cause an undue hardship on TCI for the following reasons: 1. Installation as new underground vs. overlash to existing strand, will increase the total cost of the construction for this project roughly 20 times the budgeted amount per foot (Overlash $.90 per foot vs. Underground $20.00 per foot plus restoration); 2. Redesign and construction as underground will also cause undue delays to the activation of this project. Aerial construction could be done in a matter of a few days vs. underground construction, which could take several weeks to complete. 3. Non coordinated utility underrounding will cause undue traffic and safety impacts because the right -of -ways (3r Avenue S, S 130 St. and E. Marginal Way S.) will be under construction numerous times rather than one if it were done as a LID project. The proposed request for variance conforms to the criteria identified in Section 18.72.020 as follows: 1. The variance request does not constitute a granting of special privileges to TCI because TCI is agreeing to obligate their cable system to be placed underground when all other utilities are placed underground (please find attached the signed Undergrounding Agreement Waiver to Underground Ordinance Obligation for Future Undergrounding). 2. The variance is necessary to prevent any undue hardship against TCI due to the increase in construction and redesign cost if forced to install underground currently. AT&T 3. The granting of the variance will not be materially detrimental to the public welfare, because TCI does agree to underground their cable system, but are waiving the obligation into the future when all other utilities are undergrounded to prevent an undue hardship against them currently. 4. The authorization of the variance will not adversely affect the implementation of the Comprehensive Plan, because the policy for the undergrounding of utilities will be met by TCI in the future when all other utility companies cooperatively coordinate the activity throughout the City of Tukwila. 5. The granting of the variance is necessary to avoid an undue hardship against TCI for the increase in construction and redesign cost. Upon the granting of the Variance, TCI will be submitting for right -of -way construction permits as per your requirements. TCI and our contractors want to cooperate at the highest level and agree to adhere to all provisions and requirements set forth by the City of Tukwila to insure safe installation and maintenance of the proposed facilities. TCI looks forward to your ruling on this matter, and if you have any further questions regarding this project please contact me at 425 -497 -5152, or Jeff Smith, Fiber Construction Manager at 425 -497 -5151. Sincerely: Jeff Smith Construction Manager 1. Signed U ern Waiver to U dervound Ordinance Oblieation for Future U dagoundia¢ 2. City of Tukwila Franchise Utility Permit Application 3. One set of 11x17 Construction drawings for proposed route NOV 1 7 2000 PUBLIC WORKS TCI Cablevision of Washington Inc. Fiber Division 12911 NE 126 Place Kirkland. WA98034 (425) 497 -5152 DESCRIPTION OF PROPOSED WORK TCI CABLEVISION PROPOSES TO OVERLASH (1) FIBER CABLE TO EXISTING STRAND. AERIAL ROUTE FOLLOWS: NORTH ON 37 AVE S, EAST ON S. 130 ST, NORTH ON 40 AVE S, NORTH ON E MARGINAL WAY S. AT CORNER POLE ON E MARGINAL WAY S AND S 124 ST TCI PROPOSES TO INSTALL (2) RISERS AND SWEEP (2) RISERS TO PROPOSED VAULT LOCATION. INSTALL 444LA VAULT. SAWCUT ASPHALT PAVEMENT AND TRENCH PER DETAIL. INSTALL (1) CONDUIT. AND PULL (1) FIBER CABLE THROUGH. PULL (1) FIBER CABLE THROUGH EXISTING CONDUIT. RETRIEVE METRO MEDIA CONDUIT AND INSTALL 444LA VAULT. REOPEN EXISTING TRENCH AND INSTALL (1) CONDUIT. CORE DRILL (1) CONDUIT INTO COMMON VAULT. (TO BE PLACED BY OTHERS) UNDERGROUND ROUTE FOLLOWS: WEST ON 124 ST, SOUTH ON 35 AVE S. SEE ATTACHE D PLANS FOR DETAILS OF DESCRIPTION. JOB REFERENCE: EXODUS BUILDING 5 10100007 NOV 1 7 2000 TUKWILA PUBLIC WORKS