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HomeMy WebLinkAboutTrans 2013-05-14 Item 2A - Interlocal Agreement - Transfer of Drainage Facility with King CountyTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director By: Robin Tischmak, City Engineer DATE: May 10, 2013 SUBJECT: Interlocal Agreement with King County Transfer of Drainage Facility ISSUE Authorize the Mayor to enter into the revised 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 With the Tukwila South annexation, 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 200th St improvements. Future use of the detention pond will not be necessary as the drainage from S 200th 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 King County detention 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. Authorization for the Mayor to execute an Interlocal Agreement was previously approved at the November 21, 2011 Council meeting. The version approved by Tukwila was then updated and modified by King County. ANALYSIS King County has forwarded the attached Ordinance #17490 and the Interlocal Agreement, which transfers ownership of the storm drainage parcel to Tukwila. The parcel number is 0222049061 and is located at S 200th St and Frager Road in the Tukwila South area. RECOMMENDATION Council is being asked to approve this Interlocal Agreement with King County regarding the transfer of ownership of one parcel and consider this item on the Consent Agenda at the May 20, 2013 Regular Meeting. Attachment: King County Ordinance #17490 and Interlocal Agreement W: \PW Eng \PROJECTS\A- RW & RS Projects \Tukwila South Project Coordination (11000300) \Info Memo (Revised) ILA for Drainage Facility.docx 1 King County KING COUNTY Signature Report December 11, 2012 Ordinance 17490 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 Proposed No. 2012 - 0230.2 Sponsors Phillips 1 AN ORDINANCE authorizing the King County executive 2 to execute an interlocal agreement with the city of Tukwila 3 for the transfer of a drainage parcel located adjacent to 4 Frager Road South. 5 STATEMENT OF FACTS: 6 1. King County owns tax parcel 022204 -9061, which is a storm drainage 7 facility located adjacent to Frager Road South, which is located in the city 8 of Tukwila. 9 2. King County wishes to transfer the parcel to the city of Tukwila so that 10 the city of Tukwila can ensure that road - related stormwater drainage shall 11 be adequately detained. The city of Tukwila wishes to accept the parcel 12 on which the storm drainage facility is located. 13 3. King County is willing to comply with the city of Tukwila's request for 14 the transfer of the parcel for the purpose of using the parcel in the city's 15 sensitive area master plan which includes the construction of a regional 16 storm drainage facility and a river habitat enhancement. 17 4. Chapter 39.33 RCW permits the transfer of property from King County 18 to the city of Tukwila. 2 Ordinance 17490 19 5. Chapter 39.34 RCW authorizes the county and the city to enter into an 20 interlocal cooperation agreement such as Attachment A to this ordinance. 21 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 22 SECTION 1. The King County executive is hereby authorized to execute an 23 interlocal agreement, substantially in the form of Attachment A to this ordinance, with 2 3 Ordinance 17490 24 the city of Tukwila for the transfer of a drainage parcel located adjacent to Frager Road 25 South. 26 Ordinance 17490 was introduced on 8/27/2012 and passed by the Metropolitan King County Council on 12/10/2012, by the following vote: Yes: 8 - Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague, Ms. Patterson, Ms. Lambert, Mr. Dunn and Mr. McDermott No: 0 Excused: 1 - Mr. Ferguson ATTEST: Arne Noris, Clerk of the Council APPROVED this day of KING COUNTY COUNCIL KING COUNTY, WASHINGTON arry Gossett, Chair Dow Constantine, County Executive Attachments: A. Interlocal Agreement -City of Tukwila Re Transfer of a Drainage Facility, dated November 28, 2012 3 4 Attachment A, November 28, 2012 17490 AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND 1 l IE CITY OF TUK ILA RELATING SATING TO THE TRANSFER OF A DRAINAGE FACILITY 7"IIIS IS AN INTERLOCAL AGREEMENT between King County, a home rule charter county, 0 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 South 200th Street. 13. The storm drainage facility is located on parcel 022204- 9061as shown in Exhibit 1, (the "Parcel "). C. The storm drainage facility supports the section of South 200° Street that is within the City as a result of the approved Tukwila South Annexation. D. As part of the Tukwila South Project, the stormwater drainage from South 200t Street will be piped to a new regional stormwater drainage facility ( "Regional Facility ") that will be built and maintained by the proponent of the Tukwila South Project, Segale Properties LLC. The Regional Facility will be built on parcel 0222049015. As a result of the construction of the new regional stormwater drainage facility by Segale Properties LLC, it is not necessary for the Parcel to continue to be used as a stormwater drainage facility. The City requests that the County transfer the Parcel to the City so that the City may transfer the Parcel to Segale Properties LLC. Segale Properties LLC will construct the "Green River Off-Channel Habitat Area" on the Parcel, a use previously approved in the City's Sensitive Areas Master Plan (SAMP) approved for the Tukwila South Project. E. The County wishes to transfer the Parcel to the City. The Parcel is legally described in Exhibit 1. F. The City desires to accept the Parcel. G. RCW Chapter 39.33 permits the transfer of property from the County to the City. 11. 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 RESPONSIBILITIL?,S 5 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, 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 City agrees to accept the Parcel "as is ". 2.2 Prior to transfer of the Parcel to Segale Properties LLC, the City will require Segale Properties LLC. to execute a permanent easement granting the City the right to discharge the stormwater drainage from South 200th Street that previously flowed to the storm drainage facility on the Parcel, into the Regional Facility. If in the future, the stormwater drainage from South 200th Street is no longer accepted into the Regional Facility, the City agrees (a) to notify the County within 30 days from the date that the drainage is no longer accepted into the Regional Facility and (b) pay the County the fair market value of the Parcel at the time of its transfer from the County to the City or otherwise ensure that the stormwater drainage from South 200th Street is adequately accepted into another stormwater facility. 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, or cause the property to be maintained in perpetuity in an improved condition as part of the Tukwila South SAMP, 3, INDEMNIFICATION 3.1 King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of their, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omission of the County, its officers, agents and employees in performing its obligations pursuant to this Agreement, and /or (ii) arising from those occurrences related to the Parcel that occurred prior to the effective date of conveyance of the Property to the City. In the event that any suit based upon such a claim, action, loss or damage is brought against the City, the County shall defend the same at its sole cost and expense and, if final judgment be rendered the City and its elected officials, officers, agents and employees, the County shall satisfy the same. Where such claims, demands, suits, and judgments result from the concurrent 6 negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's negligence. 3.2 The City shall indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Parcel that occurred 00 or after the effective date of conveyance of the Properties to the City. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against the County and its officers, agents and employees, the City shall satisfy the same. Where such claims, demands, suits, and judgments result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's negligence. 3.4 Each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that party relating to or pertaining to the Parcel. 3.5 Each party agrees that its obligations under this Section 3 extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 4. 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. 5. 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 6. I NTIR N AC RI_ EMI N'f This Agreement is the complete expression of the terms hereof and any representations or understandings, whether oral or written, not incorporated herein are excluded 7. 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. 8. Interlocal Cooperation Act 8.1 The County and the City enter into this Agreement pursuant to the Washington State Interlocal Cooperation Act, RCW 39.34. As a home rule charter county and political subdivision of the State of Washington, the County has the inherent authority to acquire, hold and dispose of real property, all of which it does pursuant to King County Code Chapter 4.56, RCW 36.34 and 39.33. As a non - charter code city, the City has the inherent authority to enter into this Agreement. 8.2 The purpose of this Agreement is to transfer the Parcel from the County to the City while retaining certain rights in the County. 8.3 This Agreement does not create a separate joint board or other legal or administrative entity. 8.4 The parties shall hold and dispose of property as set forth in this Agreement. 8.5. The parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. 8.6 The duration of this Agreement shall be perpetual, unless terminated by the Parties through an amendment to this Agreement or a separate agreement, either of which must be: (a) approved by the Tukwila City Council or its successor in interest and approved by ordinance by the King County Council or its successor in interest; and (b) executed with equal formality as this Agreement. 8.7 This Agreement will be recorded by the County or otherwise be made public by it in conformance with the Interlocal Cooperation Act. 4 8 IN WITNESS WI-II?RP,OI', the parties have executed this Agreement on the date last written below, KING COUN'T'Y KING COUNTY FXF,C 11 ITV] DATE Approved as to Form: CITY OF TUKWILA CITY MAYOR DATE Approved as to Form: King County Deputy Prosecuting Attorney City Attorney DATE DATE 5 9 2012 -0230 (C) 3014 king County D t `1117 ft -111e mtormaltrxt indu¢¢dron•uils mop has 4.Q4R�p4ad try KInSj Courtly elafl !robs var'alyy ot- sources and.Is subluct to cOodue ynthQUI rotk;u K 0g County Cnakb4740 r eprapeplti ns a Warranges erpreae pr Imped si' to culsncj :;gmptotono ,'s, ttriialiro s or tkjhls to tha usu ak surh in Qnfietithl thtd 0ourmtin(Lo Dal tnlapded lb/ q o os o sunray ploth ct.KMdd Co00ty sh !lot be Hein Ior ony trone(nir apptiai; n41041 locldcntai or wnsiiuwrtla) dame ci Ihcludifiq t04 40tytimtled to icmt rov0pues or Inot prafils 1asu0 ng from 4na trtu or mis3tsa c?(U+e Itd altar cSi�11660 an lhls ip p tv y ewe ot; this mapor'Ip(orn(akorr Sn thix000((o fvbOI it du Ceptby yanlanpernns iop of Kinj bounty ,- to 311$!201 T: j, �, l`� SgtuN7 Cing C ,, ,li ilkriP �mGertY (ntortPalt 3riilp /M±rw gfdtroke.fjoyfq.15 A, y 10