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HomeMy WebLinkAboutRes 0770 - Interlocal Agreement - Christensen Greenbelt Trail Constructed Across Cedar River PipelineCITY OF TUKWIL Greenbelt Park, and permit fee. WASHINGTON RESOLUTION NO. 770 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING THE MAYOR TO SIGN A PERMIT AGREEMENT WITH THE CITY OF SEATTLE PERMITTING THE CHRISTEN SEN GREENBELT TRAIL TO BE CONSTRUCTED ACROSS THE CEDAR RIVER PIPELINE. WHEREAS, the City has plans to construct Phase II of Christensen WHEREAS, the City of Seattle has agreed to allow this con- struction to cross its Cedar River Pipeline, and WHEREAS, the 1980 budget for the project can pay the $200.00 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO RESOLVE AS FOLLOWS: The Mayor is hereby authorized to enter into an agreement with the City of Seattle which will allow Tukwila to con- struct and maintain a recreational trail across the Cedar River Pipeline and to pay the $200.00 permit fee from the 1980 Christensen Greenbelt Park -Phase II budget. COUNCIL ACTION PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, 'WASHINGTON, at a regular meeting thereof this 17th day of November 1980 Frank Todd Mayor Maxine Anderson City Clerk Lawrence Hard City Attorney t118:je 4/18/80 SWD This agreement is entered into by and between the CITY OF SEATTLE, a municipal corporation of the State of Washington, hereinafter called Seattle, and the CITY OF TUKWILA, a municipal corporation of the State of Washington, hereinafter called UN Tukwila, for and in consideration of the terms and conditions herein set forth, CD to provide for the use by Tukwila of certain real property owned in fee simple by Seattle. o WHEREAS, Tukwila wishes to develop a linear park along the west bank of the z Green River, which park would cross Seattle's 30 -ft. wide Cedar River Pipeline 4 t right of way as a hiking and bicycling path up to 10 feet wide,and b WHEREAS, the use by Tukwila of this portion of the Cedar River Pipeline 4 U a right of way for limited park purposes would not interfere unreasonably with the ci use by Seattle of said right of way for water pipeline purposes, PERMIT AGREEMENT NOW, THEREFORE, it is mutually agreed by Seattle and Tukwila as follows: 1. Seattle hereby grants to Tukwila permission to use, for park purposes as hereinafter defined and limited, for a term of twenty five years beginning May 1, 1980 and ending April 30, 2005, a portion of Seattle's fee -owned Cedar River Pipeline 4 right of way, 30 feet wide, in the City of Tukwila, Washington, des- cribed as a 20 foot wide strip of land crossing said right of way (acquired by deed dated January 30, 1951, filed in King County Records, A.F. 4106155), extend- ing along the top of the existing dike along the west bank of the Green River, in Government Lot 1, Sec. 25, T23N, R4E, W.M. 2. Tukwila shall acquire no rights or interest in or to Seattle's pipeline right of way, or in or to the right to use and occupy the same, other than the limited rights and for the term herein granted. 3. "Park purposes" shall be limited to walking, hiking and bicycling. Motorized vehicles, other than light to medium weight park maintenance vehicles and equipment, shall not be permitted. 4. Seattle retains the right to grant or deny absolutely permission to use or occupy the permit area for any purpose other than implementation of this agreement by or on behalf of Tukwila or Seattle, provided that it is Seattle's intention that any such other use or occupancy as may be authorized by Seattle shall be consistent insofar as is practicable with the use of the permit area for park purposes. 5. Tukwila may improve the permit area by light grading, and the con struction across said right of way and along the top of the existing dike along the west bank of said Green River of a 10 -foot wide blacktop path. 6. No buildings or structures of any kind shall be constructed or permit- ted within the permit agreement area. 7. Tukwila agrees to take such steps as may be necessary to minimize erosion from surface water and from park use, and if in the opinion of the Seattle Superintendent of Water, whose determination shall be final, such erosion affects the adequacy of the earth cover over Seattle's pipeline or could result in Seattle's pipeline being endangered, Seattle may close the permit area to park use until in the opinion of the Superintendent of Water the cause and effect of the erosion have been remedied by Tukwila. 8. Seattle may from time to time close said permit area to the public, for the installation, repair or replacement of said pipeline or other Seattle facilities, provided that Seattle shall give Tukwila reasonable notice of any such closure. 9. Seattle shall at all times have free access to.the permit area, including access by motor vehicles, for the installation, operation, maintenance and repair of its pipeline and for the patrolling of its right of way, or for any other purpose. 10. The construction and maintenance of the park shall be at the sole cost and expense of Tukwila, and if, in the installation, repair or replacement by Seattle of pipelines or other Seattle facilities, Tukwila's improvements are damaged or destroyed, Seattle shall backfill any trenches or excavations, but shall not be responsible for restoring or replacing Tukwila's improvements. 11. Tukwila shall be responsible for the administration of the park on Seattle's right of way and for the administration of its use by the public. 12. Tukwila agrees to indemnify and save harmless'Seattle from any and all claims, actions or damages of any kind or description which may accrue to or be suffered by any person or persons or property by reason of Tukwila's use of the permit area for park purposes. In case of any suit or action brought against Seattle by reason thereof, Tukwila, its successors or assigns will, upon notice to it or them of the commencement thereof, defend said suit or action at its or their sole cost and expense, and, in case judgment shall be rendered against Seattle in any such suit or action, shall fully pay and satisfy such judgment within 90 days after such suit or action shall have been finally determined. IN WITNESS WHEREOF, Seattle has caused this agreement to be executed by its Mayor and City Comptroller pursuant to Ordinance 109109 and Tukwi.Ja has executed the same this l day of ).e.tJ 1980. ATT City Comptroller STATE OF WASHINGTON ss. COUNTY OF KING THE C 0' SETTLE By k J`CJ Mayor THIS IS TO CERTIFY that on this y day of 1980, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Charles Royer and Tim Hill, to me personally known to be the Mayor and City Comptroller, respectively, of the City of Seattle, the municipal corporation that executed the foregoing in- strument, and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said municipal corporation, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. WITNESS my hand and official seal the day and year in this certificate first above written. Notary Public in and for the State of Washington, residing at Je_,:c_.c.CJ Pursuant to the authority of Tukwila City Council Resolution No. 770 the foregoing permit agreement is hereby accepted for and on behalf of the City of Tukwila. Tukwila, a municipal corporation of the State of Washington, which by such acceptance agrees to assume and be bound by all of the terms and conditions therein contained. ty ("jerk THE CITY OF TUKWILA Z.: 44(1/14-4111( (Mayor) ATTEST Date /SP: 4/9P i Christensen Grenbelt Trail Map