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HomeMy WebLinkAboutCOW 2011-11-14 Item 5F - Interlocal Agreement - Transfer of Drainage Facility with King CountyCOUNCIL AGENDA SYNOPSIS Initialr ITEMNO. Meeting Date Prepared by Mayors review I Council review j 11/14/11 BG elg C I r, 11/21/11 BG i 5. F. ITEM INFORMATION CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 11/14/11 AGENDA ITEM TrrLr_. Interlocal Agreement with King County allowing Transfer of Ownership of a Tukwila South Parcel with a Drainage Facility CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other Mtg Date 11/14/11 Mtg Date 11/21/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S When the Tukwila South annexation occurred, King County owned rights -of -way were SUMMARY automatically transferred to Tukwila. Real property was not automatically transferred and King County owned a parcel on which a storm drainage detention pond was built. This Interlocal Agreement will transfer the ownership to Tukwila for the Sensitive Areas Master Plan (SAMP improvements. Council is being asked to approve the Interlocal Agreement with King County to transfer parcel number 0222049061. R13VIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/07/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE' Forward to Committee of the Whole. COST IMPACT FUND SOURCE EXPENDrrUR}- REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE 11/14/11 11/21/11 MTG. DATE 11/14/11 11/21/11 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 11/02/11 Interlocal Agreement with King County with Exhibits Minutes from the Transportation Committee meetings of 11/07/11 125 126 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Directorjg� 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 W: \PW Eng \PROJECTS\A- RW RS Projects \11000300 (Tukwila South Project Coordination) \Info Memo ILA for Drainage Facility.doc 127 128 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: 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. 129 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 2 130 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 131 132 x EXHIBIT 2 PERMANENT STORMWATER RIGHT OF WAY Commencing at the SE corner of the SW 1 /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'l 6'32" West 190.00 feet to the POINT OF BEGINNING. Containing 31,447 square feet more or less. 134 TRANSPORTATION COMMITTEE Meeting Minutes November 7, 2011— 5: 00 p.m. Conference Room I Citv of Tukwila Transportation Committee PRESENT Collncilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal Staff: Bob Giberson, Frank Iriarte, Jack Pace, David Cline, Maggi Lubov and Gail Labanara Guests: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:02p.m. I. PRESENTATIONS No presentations. IL BUSINESS AGENDA A. WS DOT Rideshareonline.com Proiect —Grant Fundinv Agreement Staff is seeking Council approval of a Washington State Department of Transportation funding contract in the amount of $101,370.00 for the pilot project, Rideshareonline.com. This contract will fund the South King County cities of Tukwila, Renton, SeaTac, Federal Way, Kent, Burien, and Auburn, with Tukwila as the lead agency. The contract is for one year and requires no City matching funds. The WSDOT funding contract will cover two positions, one full -time and one part -time, along with marketing and materials to implement the project. Deliverables include guides, training sessions, marketing plan, and assessment of the viability for establishing a South King County transportation coalition. UNANIMOUS APPROVAL.FORWARD TO NOVEMBER 14 COW FOR DISCUSSION. B. Interlocal Aereement with Kina Countv to Transfer Ownership of a Tukwila South Drainaee Facilitv Staff is seeking Council approval to allow Tukwila to accept transfer ownership, via an interlocal agreement, of a parcel of land located in the Tukwila South area that contains a storm drainage detention pond. All rights -of -way were automatically transferred from King County to Tukwila for the Tukwila South annexation, but real property owned by King County was not automatically transferred. This specific parcel, Number 0222049061, now needs to be transferred to Tukwila, as it is needed as part of the Sensitive Areas Master Plan (SAMP) that has been approved for the Tukwila South area. The parcel will be transferred to Tukwila and then will become part of the regional stormwater pond and river habitat. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 14 COW FOR DISCUSSION. C. 2012 Overlav Repair Program Consultant Selection and Agreement Staff is seeking full Council approval to enter into a contract with KPG, Inc. in the amount of $79,986.87 for final design services for the 2012 Overlay Repair Program. KPG, Inc. started the initial design for the proposed seven street segments in 2011, but due to budget restrictions, design was put on hold. This contract will finish the seven street segments and prepare the project to be advertised for bid. Bid advertisement is anticipated for March /April 2012. As with past practice, the list of streets for repair was largely developed from the City's Pavement Management Program. Staff will return to Committee in 2012 with a construction bid. The final list of projects will depend on cost estimates, with a balance made between the cost of the project and its priority. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 1.4 COW FOR DISCUSSION. 135 lsH."