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HomeMy WebLinkAboutReg 2013-05-20 Item 4E - Interlocal Agreement - Transfer of Drainage Facility with King County (Tukwila South Area)COUNCIL AG I;NDA SYNOPSIS Inetiais Meeting Date 05/20/13 Prepared by M yor s review c B ITEM INFORMATION ITEM No. 4.E. 31 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 05/20/13 AG km);\ imm TITLE Inter local Agreement with King County allowing for Transfer of Ownership of Tukwila South area Parcel #0222049061 with a Drainage Facility CATIG()-tzy I !Discussion A 'kg Date Z Motion Mtg Dale 05/20/13 1 1 Resolution Mtg Date Ordinance Mtg Date 1 1Bi d Award 11121g Date Public Hearing Mg Date 1 1 Other 'Wig Date SPONSOR 1 1 Council — Mayor 1 1 HR 1 1 DCD 1 1 Finance 1 1 Fire IT P&R 1 1 Pokce Plr SPONSOR'S When the Tukwila South annexation occurred, King County owned rights-of-way were SLAINIARY 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 updated Interlocal Agreement with King County to transfer parcel number 0222049061. RIWIi\xliM BY 1 1 COW Mtg. 1 1 CA&P Cmte F&S Cmte Z Transportation Cmte 1 Utilities Cmte Arts Comm. Parks Comm. 1 1 Planning Comm. DATE: 05/20/13 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE Fxpi NDITURF RI ),UIR I D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: C0117111enis: MTG. DATE RECORD OF COUNCIL ACTION 05/20/13 MTG. DATE ATTACHMENTS 05/20/13 Informational Memorandum dated 05/10/13 King County Ordinance #17490 and Interlocal Agreement Minutes from the Transportation Committee meeting of 05/14/13 31 32 TO: City of Tukwila FROM: By: DATE: SUBJECT: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director 0 Robin Tischmak, City Engineer May 10, 2013 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 33 34 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. 1 35 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 36 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 KING COUNTY COUNCIL KING COUNTY, WASHINGTON arry Gossett, Chair ATTEST: Anne Noris, Clerk of the Council APPROVED this .p day of Dow Constantine, County Executive Attachments: A. Interlocal Agreement -City of Tukwila Re Transfer of a Drainage Facility, dated November 28, 2012 3 37 38 Attachment A, November 28, 2012 17490 AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA RELATING TO THE TRANSFER OF A DRAINAGE .FACILITY 1TI-IIS 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 South 200th Street. 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 South 200`1' 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 200th 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 th.e 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. H. 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: 1. COUN'T'Y RESPONSIBILITIES 39 2, 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. CITY RESPONSIBILITIES 2.1 The City agrees to accept the Parcel "as is ". 2.2 Prior to transfer of th.e 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 200`h 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 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 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 2 40 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 on 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. At.1DITS 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. 3 41 6. ENTIRE AGRI?IMI NI' 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 areal 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 42 IN WITNESS WFIEREOF, the parties have executed this Agreement on the date last written below, KING COUNTY KING COUNTY EXECUTIVE DATE Approved as to Form: CITY OF TUK WILA CITY MAYOR DATE Approved as to Form: King County Deputy Prosecuting Attorney City Attorney DATE DATE 5 43 2012 -0230 7V :3800200 eir'ftlks�.,7°t't7�;3ji.e •� i;`etr E (12220,1901/ 02:2200013 J (C)2b1O King County Q! 11178 i i fo natiNottOo!, ,c? 41,114 map :ha, 4 @htlb9(#?190 !V King Cosray sia(t tr hi u yaaavy of •sourcesland Is sub19ct 19 uhtia9e ynuwut rdtc;o Km2 .Cali c oclzn nt1i:0611041454 io ` so as o a*,/,ay aila K# pilCo0o y a t2of b k bb 10 rsny. irtynaiaituxpvci t 1i6U4ot, InGdenfai sorrcooso oodittat.'..i s ;�.Wn "rrt/''� ;.,.r; }t. =�r: 7a Imo . of to �� l� L0 • ilr damapm Ihdudttrg M41k>�mttedyty Ic iC rovenues of Wit profits (osuhl»g fibtn via Usu or n +j�stesa c+t uai tMn(maYan e9n�+nrJ oa lhts rpaP MY�sa.e of ;) Ihtvmaporjp�toroI tltorr�rrt Ss rnapls ob bPe5uk opthy prnton pa -.• fdpot tGnO County t I t '�+� t f ::} i � a r `a, Irtdiipa! tear "(htty:)14Nnv.irteir�kc.�aylc� t5th 44 TRANSPORTATION COMMITTEE - Meeting Minutes May 14, 2013 — 5:15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffie and Dennis Robertson Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Grant Griffin, and Gail Labanara Guest: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:10 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement with King County — Transfer of Ownership of Parcel with Drainage Facility Staff is seeking Council approval for an Interlocal Agreement with King County for the transfer and ownership of Parcel #0222049061 that contains a storm drainage facility. This item was approved by Council on 11/21/11, but when submitted to King County for signature they had additional changes. The main updates were in Section 3 and 8 of the Interlocal Agreement and our City Attorney worked closely with King County to update the document. The storm drainage facility will ultimately disappear with the Tukwila South development and be incorporated with the future levee work. FORWARD TO 5/20/13 REGULAR CONSENT AGENDA. B. 2013 Bridge Program — Fort Dent Bridge Repair Staff is seeking Council approvel for Supplement No. 11 for the repair of the Fort Dent Bridge by the King County Road Division. Staff introduced Grant Griffin, the City's 3 year contract employee who will be Program Manager for the City's Bridge Program and the Boeing Access Rd Bridge Rehabilitation Project. Grant worked for WSDOT for 13 years and is very familiar with grant opportunities that may include painting and seismic evaluations at a 100% funding level. The Fort Dent Bridge will have the bridge approach paved and some tripping hazards repaired as there have been pedestrian accidents on the bridge. Any work scheduled will allow for possible impact to the Starfire complex. FORWARD TO 5/20/13 REGULAR CONSENT AGENDA. C. 2013 Transportation Work Plan An information only item discussed the Transportation Work Plan for the remaining year. A new information memo was distributed that also included the Transportation Committee Goals (attached with goals indicated with an asterisk). The CIP Project Review was discussed and a workshop with the entire Council would be preferred for a more detailed analysis of the CIP projects. The proposed workshop may be scheduled in August and include the Enterprise Fund Attachments and Finance's review of the Financial Planning Model. Dennis questioned the schedule for the 42nd Ave S street improvements and it was confirmed that construction is still set for 2015. The TUC Pedestrian /Bicycle bridge is dependent on the WA State legislature as are other projects with the Public Works Trust Fund loans. BNSF issues will be handled by the Committee of the Whole. INFORMATION ONLY. Meeting adjourned at 5:37 p.m. Next meeting: Wednesday, May 29, 2013 (due to holiday) 1 ?1/'i.. Committee Chair Approval Minutes by GL, Reviewed by BG. 45