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HomeMy WebLinkAboutTrans 2011-11-21 Item 2H - Transfer - Right-of-Way with WSDOT for Tukwila Urban Center Access/Klickitat ProjectCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director DATE: November 18, 2011 SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect Project No. 98410419 ROW Transfer between Washington State Department of Transportation WSDOT) and Tukwila ISSUE Conveyance of Right -of -Way (ROW) to WSDOT and subsequent acceptance of ROW Turnback to Tukwila. BACKGROUND In April 2010, a Letter of Understanding (LOU) was signed by both Tukwila and WSDOT, which outlined the process of how both agencies were intending to transfer ROW ownership and adjust the limited access lines along Southcenter Parkway for the Klickitat Project. There are three components related to the LOU: 1) Tukwila is to convey a portion of the ROW dedicated by Westfield to WSDOT. 2) WSDOT will relocate the limited access lines from their current location to include the ROW conveyed by Tukwila. 3) WSDOT will then convey back to Tukwila all of the underlying ROW. Southcenter Parkway will then be under the City of Tukwila's ROW for maintenance responsibilities. DISCUSSION The ROW dedication was conveyed to Tukwila from Westfield in June 2009 using one of the City's standard processes, a Right -of -Way Dedication. It was our understanding that a Warranty Deed would convey the ROW to WSDOT. WSDOT is unwilling to accept a Warranty Deed from the City as conveyance for the Westfield dedication since it was conveyed to Tukwila through a Right -of -Way Dedication. Instead, WSDOT is requesting that the City execute a Quit Claim Deed to convey the property. Staff and the City Attorney have been negotiating with WSDOT on the manner to best achieve this property transfer. WSDOT and the Federal Highway Administration (FHWA) have indicated concurrence with this approach. The first step is to convey the necessary ROW to WSDOT using a Quit Claim Deed, including an after acquired title clause. Council is being asked to authorize the Mayor to sign the Quit Claim Deed. The City Attorney will be requesting Westfield to re- convey their ROW dedication using a Quit Claim Deed. It is this step that necessitates the after acquired title clause. In the second step, WSDOT will adjust the limited access line to include the property conveyed to WSDOT by Tukwila. After this adjustment is executed, WSDOT will convey the entire ROW width on Southcenter Pkwy back to Tukwila. The Council is being asked to authorize the Mayor to accept the ROW Turnback Agreement (as part of step 3). RECOMMENDATION Council is being asked to authorize the Mayor to sign the Quit Claim Deed to convey the ROW to WSDOT and also authorize the Mayor to accept the ROW Turnback Agreement from WSDOT and consider this item at the November 28, 2011 Committee of the Whole and subsequent December 5, 2011 Regular Meeting. Attachments: Letter of Understanding dated April 5, 2010 Quit Claim Deed with After Acquired Title Clause from Tukwila to WSDOT Turnback Agreement from WSDOT to Tukwila W: \PW Eng \PROJECTS\A- RW RS Projects \98410419 TUC Access (Klickitat) \INFORMATION MEMO -ROW Transfer 11- 15- 11.docx 135 City of Tukwila 6200 Southcenter Boulevard a Tubvila, lashington 98188 Jiri Ha op, Mayor April 5, 2010 Russell S. East, P.E. Assistant Regional Administrator for SnoKing Washington State Department of Transportation 15700 Dayton Ave N, N1382- 101 PO Box 330310 Seattle, WA 98133 -9710 RE: Tukwila Urban Access Improvement Project Letter of Understanding Dear Mr. East: Negotiations between the Washington State Department of Transportation WSDOT) and the City of Tukwila (CITY) around the Tukwila Urban Access Improvement Project (PROJECT) have been ongoing since 2005. Those discussions have resulted in this Letter of Understanding (LOU). It is agreed by all parties that the following conditions, obligations, and requirements shall apply, and that each party is bound by the following: Issue The CITY has taken lead on a roadway design project predominately along Southcenter Parkway. While a portion of the PROJECT falls under Limited Access control, the larger corridor functions as a CITY street. The CITY has acquired all necessary right -of -way (ROW) for the PROJECT; all new ROW is currently under CITY ownership. The CITY has been coordinating with WSDOT for the PROJECT design and is working toward finalization of the design and advertising the PROJECT for construction. The CITY has acquired the funding for the PROJECT design and construction from multiple sources including CITY funds, federal and local grants, and private funds. No WSDOT funds have been committed to the PROJECT. Several of the grants awarded to the PROJECT are time sensitive and could be revoked by the granting agency should the PROJECT be unreasonably delayed. It is in the best interest of both the CITY and WSDOT to work cooperatively to complete the PROJECT as it is mutually beneficial to both agencies. WSDOT Responsibilities 1. WSDOT will work with the Federal Highways Administration (FHWA) to gain approval of the Limited Access deviation. 2. WSDOT agrees to accept conveyance of ROW from the CITY for the por% Pceessidelineation center Parkway which is currently CITY-owned ROW (see attached ROW Exhibit) of the ROW conveyance and Certification, WSDOT agrees to relocate the Limited 136 Letter of Understanding Tukwila Urban Access Improvement Project Limited Access March 31, 2010 Page 2 of 2 to the easterly side of the Southcenter Parkway ROW. The CITY and WSDOT agree there is no meaningful benefit at this time as part of this project to extending the Limited Access control further north or south than the existing north/south boundaries along Southcenter Parkway. 3. Upon PROJECT close -out, as defined by the CITY's acceptance and close -out of the PROJECT, WSDOT agrees to turn -back a1O ownership of Southcenter Parkway to the CITY through a Turn -Back Agreement al��c�nc Row PW6;+ :PJ 4. WSDOT agrees that all transactions agreed upon as part of this LOU is done so without any exchange of cash or any other item of tangible value, other than the mutual benefits achieved through the PROJECT. 5. WSDOT agrees to continue working with the CITY on all remaining design issues, to be detailed in a separate Letter of Understanding. CITY Responsibilities 1. The CITY will submit documentation for the deviation of standard Limited Access requirements for WSDOT and FHWA approval. 2. The CITY will convey to WSDOT that portion of the ROW which will be incorporated into the revised Limited Access area as described above. The CITY will submit appropriate documentation for the conveyance of ROW and the revision to the Limited Access area as part of the normal ROW Certification process for the PROJECT. 3. The CITY agrees to continue all normal maintenance activities within the PROJECT area, exclusive of the interstate facilities, through PROJECT close -out. 4. The CITY agrees to accept the ROW turn -back from WSDOT at PROJECT close -out. 5. The CITY agrees that all transactions agreed upon as part of this LOU is done so without any exchange of cash or any other item of tangible value, other than the mutual benefits achieved through the PROJECT. 6. The CITY agrees to continue finalizing the project designto incorporate the remaining design issues verbally agreed upon, the details of which will be documented in a separate Letter of Understanding. By signing the spaced provided below, the CITY and WSDOT acknowledge and agree to the terms and commitments outlined above. Concurrence by: Bob Giberson, P.E. Public Works Director City of Tukwila Date: 4cx1 1 2 C) l O Concurrence by: Russell S. East, P.E. Assistant Regional Administrator SnoKing WSDOT Date: 4 -5 137 7 'r Q NS _A 23 to a a" ;Ii 1 �W �OJAC0 t a' 1 i i t 1 j iii t 1 I 1 N r; i 1 itl f I .Y t t o I,:1's ►f I ii aN O --Yr- -rte_" �n- l_�__�__._1.-- :Y I N :ii it 1 ;1 t c� i t'o•1 wov z1 j 1 s+ iil� f t I i gl i N t" 8� r 4 H 0 s i t Q t il l F" AFTER RECORDING, PLEASE RETURN TO: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 QUIT CLAIM DEED Grantor: City of Tukwila, a Washington municipal corporation Grantee: State of Washington, Department of Transportation Document Reference Number(s): N/A Section/Township/Range: SEC. 26, T 23 N, R 4 E W.M. Assessor's Tax Parcel Number(s): Property Legal Description (abbreviated): Ptn. of NE '/4 of NW 1 /4 of Sec. 26; and Ptn. of SE 1 /4 of SW 1 /4 of Sec. 23, Twp. 23 N, R4 E W.M. Additional Legal: Attached hereto as Exhibit A The GRANTOR, City of Tukwila, a Washington municipal corporation, for and in consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, hereby conveys and quitclaims to the State of Washington, acting by and through its Department of Transportation, Grantee, the real property situated in King County, State of Washington and legally described in Exhibit "A" and shown in "Exhibits B -1 and B -2," herewith attached and made a part hereof, and any after acquired interest therein. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. Page 1 of 5 140 DATED this day of 2011. GRANTOR: CITY OF TUKWILA Mayor Attest /Authenticated: City Clerk STATE OF WASHINGTON) ss. County of King Approved as to Form by: City Attorney On this day of 2011, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, known to me to be the Mayor of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. NAME: (Print Name) Notary Public in and for the State of Washington, residing at My Commission Expires: [THIS PART INTENTIONALLY LEFT BLANK] Page 2 of 5 141 DATED this day of 2011. GRANTEE: STATE OF WASHINGTON, DEPARTMENT OF TRANSORTATION Accepted and Approved STATE OF WASHINGTON Department of Transportation IM Real Estate Services Program Administrator Page 3 of 5 142 Exhibit A That portion of the northeast quarter of the northwest quarter of Section 26, Township 23 North, Range 4 East, W.M., in King County, Washington, and of the southeast quarter of the southwest quarter of Section 23, Township 23 North, Range 4 East, W.M., in King County, Washington, and of the Interurban Addition to Seattle, according to the plat thereof recorded in Volume 10 of Plats, page 55, in King County, Washington, and in Brookvale Garden Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 47, in King County, Washington, and of the W.H. Gilliam Donation Land Claim No. 40, lying between the existing limited access line of State Route 5 and the following described line: Commencing at the intersection of Southcenter Parkway and Strander Boulevard (S 164 Street) monumented with a 2 inch brass cap in a monument case; thence along the monumented centerline of Strander Boulevard South 88 °08'47 "East 431.28 feet; Thence North 01'51' 13" East 30.00 feet to a point on the northerly right of way margin of Strander Boulevard; Thence North 81 °07'29" West 76.22 feet; Thence North 86 °28'41" West 108.58 feet; Thence North 88 °10'49" West 135.10 feet to the beginning of a curve to the right with a radius 35.31 feet; Thence following said curve in a northerly direction through a central angle of 88 °28'02" 54.52 feet; Thence North 009 7' 13" East 181.98 feet; Thence North 89 °42'47" West 38.84 feet, to the intersection with the existing limited access line of SR 5, said intersection being at Highway Engineer's Station Lw 2525 +08.60 and 455.08 feet right, on the Lw line survey shown on plan sheet 18 of 26 of SR 405, SR 5 Interchange Vic., approved September 16, 2005, said intersection also being the point of beginning; Thence South 89 °42'47" East 38.84 feet, to the east line of Southcenter Parkway as dedicated by deed recorded under recording number 20090720001730 in King County Records; Thence along said deed line the following courses, North 00'17'13" East 141.51 feet; Thence North 02 °55'32" East 67.60 feet; Thence North 00 °06'34" West 177.97 feet; Thence North 02 °24'31" West 177.98 feet; Thence North 02 °42'27" West 130.20 feet; Page 4 of 5 143 Thence North 01'00'12" West 130.19 feet; Thence North 26 °33'54" East 42.44 feet; Thence North 87 °10'22" East 4.06 feet; Thence North 01 '19'12" East 61.64 feet; Thence North 859 9' 10" West 3.43 feet; Thence North 43 °05'40" West 17.49 feet to the beginning of a curve to the right with a radius of 19.10 feet; Thence following said curve in a northerly direction through a central angle of 45 °26'46" 15.15 feet; Thence North 02 °21'06" East 72.93 feet; Thence leaving said deed line, North 87 °38'54 "West 13.40 feet, to an angle point in the existing limited access line of SR 5, said angle point being at Highway Engineer's Station Lw 2535 +53.16 and 515.05 feet right, on the Lw line survey shown on plan sheet 20 of 26 of SR 405, SR 5 Interchange Vic., approved September 16, 2005, said point also being the terminus; Also, the Grantor herein conveys and grants to the State of Washington all rights of ingress and egress (including all existing, future or potential easement of access, light, view and air) to, from and between SR 405, SR 5 Interchange Vic. and the remainder of said Property legally described in Exhibit C. The lands herein described, the specific details concerning all of which are to be found on sheets 18 and 20 of that certain plan entitled SR 405, SR 5 Interchange Vic., now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval September 16, 2005, and as revised. Page 5 of 5 144 EXHIBIT B MAP N89'03'25"W 17.04' x-N89'03'25"W 46 24' 42.04' WESTFIELD CORPORATION N84'16'41"E 10.03' INC, 1446*53'19'E 22,78' L--44'32'13 R=32.40' TL# 115720-0290 L=25.18' 100 50 0 100 I SCALE IN FEET 6 O DEDICATED l RIGHT-OF-WAY 2 2 23 IIIIIINK, 27126 N87*38 02 W 13.45' IL# 262304-9023 NO2*21'06 E 72.74 f, A--45'26'46" N2'12*46"E 17717' I Q zn I R=19.10' L=15.15' TO SECTION LINE WESTFIELD CORPORATION N43'05'40"W 17,49' INC, N85*19'10"W 3.43' z 7 j cv, lal z 0- o 'NOI'19'12"E 61.64' N87*10'22"E 4.06' N26*33*54*E 42 44' x -N0l*00'12"W 130.19' no w z NEW DEDICATED LIMITED ACCESS AREA SEE SHEET 1 (P Ei FILENAME: LIMITED ACCESS.DWG CITY OF TUKWIIA PUBLIC WORKS DEPT. SOUTHCENTER PARKWAY LIMITED ACCESS DEDICATION EXHIBIT SCALE: 1"=100' JOB# 05725.13 DATE: 04/02/10 I SHEET 2 OF 2 145 EXHIBIT B MAP SEE SHEET 2 J TL# 537920 -0240 �a NO2'42'27 'W 130.20' 4 a Q WESTFIELD a- CORPORATION w tL' T- f INC. W i7 n; z NO2'24'31 "W 177,98' 1 0 w (n Z NEW DEDICATED LIMITED ACCESS AREA N00'06'34 "W 177.97' N� O. N; NO2'55'32 "E 67.60' N N AR LINE Tl# 537920 -0241 p N00'1 7'13 "E TPOB 139.58' WESTFIELD CORPORATION r j S89'09'07 'E 38.91' S89'09'07 "E o a 40.00' w Z w I I DEDICATED X -i N z RIGHT -OF -WAY Li -i w ^,w 100 50 0 100 uu�uw�� Z SCALE IN FEET 0 _STRANDER BLVD 1 I .36' 42.5 MONUMENT i 1_ CITY OF TUKWH A (iMCE ]PUBLIC WORKS DEPT. D SOUTHGENER PARKWAY LIMITED ACCESS DEDICATION EXHIBIT an GM jneaiie 9ervkes Canperti SCALE: 1" =100' I JOB# 05725.13 FILENAME: LIMITED ACCESS.DWG I DATE: 04/02/10 SHEET 1 OF 2 146 Adw Washington State Department of Transportation TURNBACK AGREEMENT Agreement Number: TB 1 -0215 State Route Control Section Region SR 405 1743 NWR Organization and Address: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Section/Location: SR 405 SR 5 Interchange Vicinity Tukwila Urban Access Improvement This Agreement is between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the CITY OF TUKWILA, hereinafter the "CITY," collectively hereinafter the "PARTIES." WHEREAS, the CITY, proposed to design and construct the Tukwila Urban Access Improvement Project, hereinafter referred to as the "PROJECT and WHEREAS, a portion of the PROJECT on Southcenter Parkway falls within the STATE owned limited access right -of -way, and WHEREAS, the PARTIES agree the PROJECT is mutually beneficial to both, and WHEREAS, the PARTIES entered into a Letter of Understanding last dated April 15, 2010, as attached hereto in full as Exhibit B, and made a part hereof, to establish the conditions, obligations, and requirements of each PARTIES responsibilities to complete the PROJECT, and WHEREAS, in accordance with the Letter of Understanding, the reconstructed state route and city street, hereinafter referred to as the "Roadway Facilities shown on Exhibit A, attached hereto and made part hereof, will be transferred from the STATE to the CITY, and WHEREAS, the STATE and CITY enter into this Agreement to identify the process of Roadway Facilities and right -of -way operation, maintenance, and ownership transfer, NOW, THEREFORE, pursuant to RCW 47.52.210, IT IS MUTUALLY AGREED AS FOLLOWS: 1. TRANSFER OF OPERATION AND MAINTENANCE Page 1 of 3 147 1.1 The CITY agrees upon execution of this Agreement, to accept the responsibility for the maintenance and operation of the Roadway Facilities and right -of -way, as shown on Exhibit A until such time as the full ownership of the right -of -way and Roadway Facilities are conveyed by deed pursuant to Section 2. 1.2 The CITY agrees to accept ownership of the right of way and Roadway Facilities as shaded, on Exhibit A, as follows: Blue (light) Indicates Roadway Facilities and right -of -way to be conveyed in fee to the CITY. Except the STATE retains access control and access rights in the areas denoted in in red. 2. RECORDED CONVEYANCE 2.1 Within thirty (30) calendar days following the STATE's written transfer to the CITY of the responsibility for maintenance and operations as provided in Section 1, the STATE will furnish the CITY a recordable conveyance of right -of -way, including the Roadway Facilities constructed thereon, as shown on the plans marked Exhibit A. The conveyance will be recorded pursuant to RCW 65.08.095. 2.2 It is understood and agreed that the above referenced property is transferred for road/street purposes only, and no other use shall be made of said property without the prior written approval of the STATE. It is also understood and agreed that the CITY, its successors or assigns, shall not revise either the right -of -way lines or the access control without prior written approval from the STATE, its successors, or assigns. Revenues resulting from any vacation, sale, or rental of this property or any portion thereof, shall (1) if the property is disposed of to a governmental entity for public use, be placed in the CITY road/street fund and used exclusively for road/street purposes; or (2) if the property is disposed of other than as provided in (1) above, be shared by the CITY and STATE, their successors or assigns, in the same proportion as acquisition costs were shared; except that the CITY may deduct the documented direct costs of any such vacation, sale, or rental. 2.3 The CITY agrees to comply with, and require its successors or assigns to comply with, all civil rights and anti discrimination requirements of chapter 49.60 RCW, as to the right -of- way and Roadway Facilities to be conveyed. 2.4 The CITY understands and agrees that the STATE is retaining ownership of all rights of ingress and egress, to, from and between the above referenced state highway route and/or Roadway Facilities and the properties abutting said state highway route and/or Roadway Facilities, including all rights of access, light, view and air, and access control as shown by the access prohibition symbol along the above referenced state route and/or Roadway Facilities right -of -way and along abutting properties on the right -of -way access plans marked as Exhibit A. The CITY, its successors or assigns, shall have no right of ingress or egress between the above referenced state route and abutting properties, or the state route and the lands herein conveyed that show the access prohibition symbol. The CITY, its successors or Page 2 of 3 148 assigns, shall not be entitled to compensation for any loss of access, light, view, or air occasioned by the location, construction, reconstruction, maintenance, or operation of the above referenced state route and/or Roadway Facilities. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the day and year first above written. CITY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: By: Print name: Print name: Date: Date: Approval as to Form Approval as to Form City Attorney Assistant Attorney General Date: Date: Page 3 of 3 149 0 c� s Q d u ez �R Fir- jai re's s m its" spa off, y5 she gp.1tit ny N 3 e N W 4• rro 1 JY E L 66 E .�T a 3 4k 3; Z Y t a W ta I 5� W d s< �s 204 N 0 T L N r Q 9 ,5 150 f M Y N t r r t f 1 �a•ILZ n� p,,,. 4i •pN [ran J� J kr 31TN' N W 4• rro 1 JY E L 66 E .�T a 3 4k 3; Z Y t a W ta I 5� W d s< �s 204 N 0 T L N r Q 9 ,5 150 f M Y N W 4• rro 1 JY E L 66 E .�T a 3 4k 3; Z Y t a W ta I 5� W d s< �s 204 N 0 T L N r Q 9 ,5 150 54 l 2 Q ya•trsz r,., N Q s o L./ A M l V E Y i k :R E ,r N i ff oa. ust .t C N GG S rn a G i a.w N S r Y r ri+r p `4 M.w 'w ry i f i 'fir f i .2 N iL Y� r f r 8 x T ti� .�s 195 1<;z -.JSJa 4 U 151 if a G i a.w N S r Y r ri+r p `4 M.w 'w ry i f i 'fir f i .2 N iL Y� r f r 8 x T ti� .�s 195 1<;z -.JSJa 4 U 151 et .�r(5 335 �ni� n7taR a G i a.w N S r Y r ri+r p `4 M.w 'w ry i f i 'fir f i .2 N iL Y� r f r 8 x T ti� .�s 195 1<;z -.JSJa 4 U 151 ila 6200 Southeenter° Boulevard Tuk iia, Washington 48188 April 20, 2010 Ramin Pazooki, Manager WSDOT NWR SnoKing Development Services PO Box 330310 15700 Dayton Avenue N Seattle, Washington 98133 -9710 RE: Tukwila Urban Access Improvement Project Letter of Understanding #1 Dear Mr. Pazooki: Enclosed you will find two copies of the Letter of Understanding between the City of Tukwila and WSDOT which have been initialed by Bob Giberson, Public Works Director. The City has accepted your changes to the original letter. However, on the advice of the City Attorney's office, we have amended Attachments A and B to include the language "For Illustrative Purposes Only." Additionally, the original Exhibit A, which was the full legal description and drawing of the area to be conveyed to WSDOT, has been removed to eliminate confusion between the two Exhibit As. Please initial the change made on the two new exhibits and return one copy back to me at: Cyndy Knighton Senior Transportation Engineer City of Tukwila 5300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Thank you for your continued cooperation on getting this project through the necessary reviews and approvals. Sincerely, Cynd r Krug lit n Senior Transportation Engineer Encl.: Letter of Understanding (2 originals) i Exhibit B sheet I of I 152 City of Tiukwila 6200 Southcenter Boulevarde Tukwila, Washington 9818E Jim Ba Egerton, Mayor April 5, 2010 Russell S. East, P.E. Assistant Regional Administrator for SnoKing Washington State Department of Transportation 15700 Dayton Ave N, NB82 -101 PO Box 330310 Seattle, WA 98133 -9710 RE: Tukwila Urban Access Improvement Project Letter of Understanding Dear Mr. East: Negotiations between the Washington State Department of Transportation WSDOT) and the City of Tukwila (CITY) around the Tukwila Urban Access Improvement Project (PROJECT) have been ongoing since 2005. Those discussions have resulted in this Letter of Understanding (LOU). It is agreed by all parties that the following conditions, obligations, and requirements shall apply, and that each party is bound by the following: Issue The CITY has taken lead on a roadway design project predominately along Southcenter Parkway. While a portion of the PROJECT falls under Limited Access control, the larger corridor functions as a CITY street. The CITY has acquired all necessary right -of -way (ROW) for the PROJECT, all new ROW is currently under CITY ownership. The CITY has been coordinating with WSDOT for the PROJECT design and is working toward finalization of the design and advertising the PROJECT for The CITY has for PROJECT design rn construction. acquired the funding the and construction from �c multiple sources including CITY funds, federal and local grants, and private funds. No WSDOT funa have been committed to the PROJECT; Several of the grants awarded to the PROJECT are time 6 sensitive and could be revoked by the granting agency should the PROJECT be unreasonably delayed to It is in the best interest of both the CITY and WSDOT to work cooperatively to complete the PROJECT as it is mutually beneficial to both agencies. tD WSDOT Resnonsibilities N 1. WSDOT will work with the Federal Highways Administration (FHWA) to gain approval of the O Limited Access deviation. 2. WSDOT agrees to accept conveyance of ROW from the CITY for the porti�n hcenter Parkway which is currently CITY-owned ROW (see attached ROW Exhibit). of the ROW conveyance and Certification, WSDOT agrees to relocate the Limited c ess delineatio: WAPW Eng101d P drivelCyndy\Kliekitat\Letter of Understanding WSDOT Tukwila 4- 5- 10.doc 153 Letter of Understanding Tukwila Urban Access Improvement Project Limited Access and ROW March 31, 2010 Page 2 of 2 to the easterly side of the Southcenter Parkway ROW. The CITY and WSDOT agree there is no meaningful benefit at this time as part of this project to extending the Limited Access control further north or south than the existing north/south boundaries along Southcenter Parkway. 3. Upon PROJECT close -out, as defined by the CITY's acceptance and close -out of the PROJECT, WSDOT agrees to turn -back al O ownership of Southcenter Parkway to he CITY through a Turn -Back Agreement. �V4 i 4. WSDOT agrees that all transactions agreed upon as part of this LOU is done so without any exchange of cash or any other item of tangible value, other than the mutual benefits achieved through the PROJECT. 5. WSDOT agrees to continue working with the CITY on all remaining design issues, to be detailed in a separate Letter of Understanding. CITY Responsibilities 1. The CITY will submit documentation for the deviation of standard Limited Access requirements for WSDOT and FHWA approval. 2. The CITY will convey to WSDOT that portion of the ROW which will be incorporated into the revised Limited Access area as described above. The CITY will subunit appropriate documentation for the conveyance of ROW and the revision to the Limited Access area as part of the normal ROW Certification process for the PROJECT. 3. The CITY agrees to continue all normal maintenance activities within the PROJECT area, exclusive of the interstate facilities, through PROJECT close -out. 4. The CITY agrees to accept the ROW turn -back from WSDOT at PROJECT close -out. 5. The CITY agrees that all transactions agreed upon as part of this LOU is done so without any exchange of cash or any other item of tangible value, other than the mutual benefits achieved through the PROJECT. 6. The CITY agrees to continue finalizing the project design to incorporate the remaining design issues verbally agreed upon, the details of which will be documented in a separate Letter of Understanding. By signing the spaced provided below, the CITY and WSDOT acknowledge and agree to the terms at commitments outlined above. Concurrence by: fi Bob Giberson, P.E. Public Works Director City of Tukwila Date: 6 -0'l0 Concurrence by: Russell S. East, P.E. Assistant Regional Administrator SnoKing WSDOT Date: L IJ 1 1 :s 154 ly t r r f t t rr f p f r r f l f \,W j 1 f f r •d' r a f 1 r y i:f N N N N N Z6 A 9 It. if Q q U ham. C b W 7 F- Q H J J 155 it t •I} i i =t it Pu Ul (Ali at C L f 1 F' &11b