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HomeMy WebLinkAboutUtilities 2009-03-24 COMPLETE AGENDA PACKET Distribution: J. Morrow S. Hunstock City of Tukwila K. Hougardy B. Giberson S. Kerslake P. Linder F. Iriarte M. Miotke Utilities Committee D. Robertson P. Brodin J. Pace Mayor Haggerton G. Labanara C. Parrish J. Hernandez R. Larson B. Arthur Kathy Hougardy, Chair R. Berry M. Cusick File Copy Pam Linder K. Matej P. Lau Single side to Dana D. Speck M. Mathia 3 Extra Copies Y Dennis Robertson C. O'Flaherty S. Anderson e-mail to B.Saxton, M. Hart J. Howat C. O'Flaherty, M. S. Norris B. Still Hart, K. Narog, S. N. Olivas R. Still Norris and S. Kirby AGENDA TUESDAY, MARCH 24, 2009 Time; 5.-00 PM Place; Conference Room #1 Item Recommended'' Action Page" I. Current Agenda Review I. II. Presentation II. III. Business Agenda III. A. Stormwater Easement at South 112 St/ A. Forward to 4/13/09 C.O.W. Pg. 1 Tukwila International Blvd Vicinity and 4/20/09 Regular IV. Old Business IV. Future Agendas: Next Scheduled Meeting: Tuesday, April 14, 2009 I& The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206- 433 -0179 for assistance. TO: BUDGET SUMMARY Easement City of Tukwila Mayor Haggerton Utilities Committee FROM: Public Works Director attachments: GIS Drainage Map Easement INFORMATIONAL MEMORANDUM DATE: March 18, 2009 SUBJECT: Private Storm System Adoption and Rehabilitation Program Project No. 06 -DRO3 Storm Water Easement at S. 112 /Tukwila International Blvd. Vicinity ISSUE Approve a storm water easement and payment to Carrossino Holdings LLC. P: \PROJECTS\A- DR Projects \06 -DRO3 (Private Storm Adoption) \Design \Carrossino \InfoMemo Easement gi.doc Jim Haggerton, Mayor BACKGROUND The City of Tukwila has identified approximately 25 locations throughout the City where the public storm drainage system is routed through private parcels without a known easement. The City has an active project to research these locations, secure easements where necessary, and design repairs to ensure the reliability of the public drainage system. City Staff has been working with Carrossino Holdings LLC, the owner of private property where drainage from the vicinity of the South 112 intersection is discharged into a private failing storm drainage system. The property owner has had several repairs made in the past few years to an outfall and sinkholes within his parking area. A video inspection showed that the pipe has failing joints and needs replacement or repair. The property owner has received a bid of $71,000.00 to line the existing pipe and has asked the City to pay for half of this repair in exchange for an easement clarifying ownership and maintenance responsibilities. ANALYSIS City staff has worked with the City Attorney's office to draft an easement that permits the discharge of City stormwater into this private system and at the same time continues the ownership of the pipe and future maintenance responsibly with the property owner. The reason for requiring the property owner to maintain ownership and all future maintenance responsibilities is that the pipe is an integral part of the private drainage system and that given the location and age of the pipe, there is a risk of contaminated soils surrounding the pipe caused by private land use activities. Carrossino Budaet (20091 $35,500.00 $200,000.00 RECOMMENDATION The Council is being asked to approve this easement and authorize a payment of $35,500.00 to Carrossino Holdings, LLC and consider this item at the April 13, 2009 Committee of the Whole Meeting and the subsequent April 20, 2009 Regular Meeting. Stormwater System Map South 112th Tukwila International Boulevar / TIB Vicinity N CityGIS 142 ft Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. Page 1 of 1 http: maps. digitalmapcentral .com /production/CityGIS /v07_01 _059 /index.html 03/19/2009 AFTER RECORDING RETURN TO: City of Tukwila Public Works Department ATTN: Ryan Larson 6200 Southcenter Blvd. Tukwila, WA 98188 Reference No.: Recording No.: Grantor: Carrossino Holdings LLC Grantee: City of Tukwila, a municipal corporation of the State of Washington Tax Parcel No.: 0423049153 and 0423049082 EASEMENT THIS AGREEMENT made this day of 2009, between the GRANTOR, Carrossino Holdings LLC, its successors, heirs and assigns, as owner of the following described real property, for and in consideration of the sum of THIRTY FIVE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($35,500.00), and other good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys and grants to the GRANTEE, CITY OF TUKWILA, a municipal corporation of the State of Washington, its successors and assigns, a perpetual nonexclusive easement over, under, upon and across the following described property (the "Burdened Property") for the purpose of discharging storm drainage and accessing a storm drainage pipe. The Burdened Property is legally described as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. The purpose of the Easement contemplated herein is solely for the discharge and conveyance of storm water, which originates east of the Grantor's property, crosses the Grantor's property and discharges into the Duwamish River. The Easement Area consists of ten (10) feet on either side of the existing storm drainage pipe located on the Burdened Property and shown on Exhibit "B The drainage pipeline, catch basins, outfall and appurtenances thereof as well as any and all surfacing and other improvements shall remain under the Grantor's ownership. Any and all maintenance of said improvements shall remain the Grantor's responsibility. The Grantor shall retain the right to use the surface of said Easement Area and storm drainage pipe, so long as said use does not interfere with the existing capacity and proper functioning of the storm drainage pipe. Neither the Grantor nor the Grantee shall direct additional peak storm water flow volumes to the storm water pipe. General Provisions. A. Access. Grantee shall have the right of access to the easement under, across, and over the Property to enable Grantee to inspect and otherwise exercise its rights hereunder. Grantor and Grantee herein acknowledge that access to all subsurface features by the Grantee shall be limited to the drainage pipe itself, the catch basins, the outfall, and appurtenances. There shall be no drilling or excavation without prior approval of the Grantor herein. Grantee shall have the ability to be able to access through the use of television, i.e. mobile procedure wherein a camera can be placed within the drain pipe. B. Maintenance. Should maintenance be required with respect to the storm water pipe, the parties hereto agree that the Grantor of said easement shall retain the exclusive right to hire any contractor or organization whose services may be necessary to maintain said storm drainage pipe. Grantor herein shall have the sole authority to deal with any entity that may be hired or retained to provide maintenance or improvements with respect to the drain pipe. C. Structures and obstructions. The Grantor, its successors, heirs, employees, agents and assigns hereby warrants that it shall not cause any structure nor obstruction of a temporary or permanent nature (including but not limited to, fences and/or walls) to be constructed or allowed to remain in, over or upon the Easement Area herein granted with the exception of any structures or obstructions currently in place. D. Indemnification. Grantee shall hold the Grantor, and its employees, agents or invitees, harmless from all costs, claims, or liabilities of any nature, including attorneys' fees, costs, and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantee resulting from this easement. Grantor shall hold the Grantee and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorneys' fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Grantor, or Grantor's employees, agents or invitees resulting from this easement. E. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this instrument arising out of or pertaining to this instrument or the relationship of the parties, including but not limited to the filing of a lawsuit, a request for an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceeding and any appeals and collateral actions relative to such a Proceeding, the substantially prevailing party as determined by the court or as determined in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding from the non prevailing party, in addition to such other relief as may be awarded. F. Bindine Effect. This instrument shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. The easement created by this instrument shall be appurtenant, shall touch and concern the real property identified as Parcel A, and shall run with the land. G. Applicable Law. This instrument shall be governed by and construed in accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this instrument shall be exclusively within the state or federal courts of King County, Washington. H. Entire Agreement. This instrument contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by both parties. I. Waiver. Any waiver by a party of a breach of any provision of the agreement contained within this instrument by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. J. Severabilitv. If for any reason any portion of this instrument or any agreement contained herein shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this instrument or agreement and the remaining portions of the instrument shall remain in full force and effect. GRANTEE GRANTOR CITY OF TUKWILA, WASHINGTON CARROSSINO HOLDINGS LLC By: B y Title: Mayor Title: Date: Date: Attest/Authenticated: Approved As To Form: City Clerk City Attorney STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument for the purposes mentioned therein. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON COUNTY OF KING )ss. On this day of 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Douglas G. Carrossino, to me known to be the person who signed as of Carrossino Holdings LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the Limited Liability Company, and that he was authorized to execute said instrument on behalf of the Limited Liability Company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Exhibit "A" LEGAL DESCRIPTION OF PARCEL No. 0423049082 POR OF GL 10 IN SE 1/4 BEG ON NWLY MGN OF ST HWY N 18 -58-45 E 869.36 FT FR NXN WITH N LN OF PL R/W TH S 18 -58-45 W 213.36 FT ALG SD MGN TH N 71 -01 -15 W TO BANK OF DUWAMISH RIVER TH NELY ALG SD BANK TO PT S 85 -16 -00 W OF BEG TH N 85 -16 -00 E 405.32 FT M/L TO BEG LEGAL DESCRIPTION OF PARCEL No. 0423049153 POR GL 10 DAF BEG SE COR SEC 04 -23 -04 TH S 89 -30 -50 W 425.78 FT ALG S LN SD SEC TO NXN WITH C/L PACIFIC HWY S TH ALG SD C/L N 19- 01-25 E 701.94 FT TH N 70 -58 -35 W 50.00 FT TAP MARKED BY A NAIL SET IN WLY MGN SD PACIFIC HWY S TPOB TH CONT N 70 -58 -35 W 416.49 FT TAP APPROX 11 FT FR TOP OF BANK OF DUWAMISH RIVER, WH PT HEREINAFTER DESIG POINT "A" IS MARKED BY A SET REBAR CAP, TH CONT N 70 -58 -35 W 11 FT M/L TO TOP OF BANK OF DUWAMISH RIVER TH SELY ALG TOP OF BANK OF DUWAMISH RIVER TAP APPROX 43 FT FR BRG N 63 -36-45 W FAP HEREINAFTER DESIG POINT "B" SD PT "B" BRG S 46 -26 -28 W 160.92 FT FR POINT "A" AND MARKED BY A SET REBAR CAP TH S 63 -36-45 E 43 FT M/L TO POINT "B" TH CONT S 63 -36- 45 E 339.60 FT TAP TH S 17 -52 -02 W 34.75 FT TH S 70 -38 -21 E 153.09 FT TAP MARKED BY REBAR CAP SET IN WLY MGN SD PACIFIC HWY S TH N 19 -01 -25 E ALG SD WLY MGN 222.01 FT TO TPOB AKA LOT 1 KC LOT LN ADJUSTMENT NO 8612050 APPROVED 14 MAY 1987 Legend 20' Easement Easement Location Exhibit B 04 23049082 S Not to Scale