HomeMy WebLinkAbout3904 ResolutionRESOLUTION NO. /n oq
A RESOLUTION of the City of Pasco, Washington, authorizing the
City Manager to negotiate, make minor changes to, and sign the Interlocal
Cooperative Agreement and City Road Easement with Washington State
Department of Natural Resources for Chapel Hill Boulevard.
WHEREAS, the State of Washington Department of Natural Resources (DNR) owns the
Lots 6 and 7 of Segregation Survey, Auditor's File No. 1847849, Section 16, Township 9 North,
Range 29 East, W.M., Franklin County, Washington; and
WHEREAS, the City of Pasco has approved and created a Local Improvement District
LID) for the construction of Chapel Hill Boulevard, for which Lots 6 and 7 will be afforded
legal access and frontage, once built; and
WHEREAS, the City has identified the need for a Right -of -Way Easement and a
Temporary Construction Easement across the above described property for the purpose of
constructing Chapel Hill Boulevard; and
WHEREAS, Chapter 39.34 RCW authorizes two or more public entities to contract with
each other to perform functions that each may individually perform; and
WHEREAS, the City and DNR have negotiated and agree to enter into an Interlocal
Cooperative Agreement for the grant and consideration of said Easements; and
WHEREAS, the City of Pasco City Council has the authority to designate a City official
who may sign and negotiate agreements on behalf of the City, and
WHEREAS, the City Council does authorize and direct the City Manager to sign the
above-mentioned Interlocal Cooperative Agreement and Easements, and grants the City Manager
authority to negotiate and make any minor changes to said Interlocal Cooperative Agreement and
Easements. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The City Manager of the City of Pasco, Washington, is hereby authorized
and directed to negotiate, make minor changes to, and sign the Interlocal Cooperative Agreement
between the City of Pasco and the Washington State Department of Natural Resources and the
City Road Easement between the City of Pasco and the Washington State Department of Natural
Resources, copies of which are attached hereto and incorporated herein by this reference as
Exhibit A and Exhibit B; and to take all necessary steps required to complete these transactions..
Resolution -1
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this day of May, 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Angela P shon, lc terim C4y Clerk Kerr guson Law, PLLC, City Attorney
Resolution - 2
Page 1 of 5
INTER LOCAL AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of ________________ ,
2019, by and between the CITY OF PASCO, a political subdivision of the State of
Washington, herein called “Pasco”, and STATE OF WASHINGTON, acting by and through
the Department of Natural Resources, herein called "State”, WITNESSETH:
RECITALS
A. Whereas State owns the Lots 6 and 7 of Segregation Survey, Auditor’s File No.
1847849, Section 16, Township 9 North, Range 29 East, W.M., Franklin County,
Washington (“Premises”);
B. Whereas Pasco has approved and created a Local Improvement District (LID) for
the construction of Chapel Hill Boulevard, for which Lots 6 and 7 will be afforded
legal access and frontage, once built, as shown on Exhibit A;
C. Whereas no grant of road easement for Chapel Hill Boulevard has been granted by
State to Pasco;
D. Whereas Pasco agrees to compensate State, its assigns, lessees and/or successors,
for the required road easement area in an amount recommended by the Special
Benefit/Proportionate Assessment Study, as prepared by Valbridge Property
Advisors, dated January 15, 2019, at $4.00/square foot for Lot 7 and $5.00/square
foot for Lot 6 as the respective valuations.
Now, therefore, Pasco and State agree as follows:
AGREEMENT
1) Easement Compensation. State and Pasco agree with the findings and recommendations
of the Special Benefit/Proportionate Assessment Study, which has determined a value of
4.00/square foot for Lot 7 and $5.00/square foot for Lot 6 along Chapel Hill Boulevard.
State and Pasco agree that the total value of the easement area, as encumbered by Chapel
Hill Boulevard is as follows:
Area Value
Lot 6 (south of Chapel Hill Blvd): 42,821 sf $214,105.00
Page 117 of 140
Page 2 of 5
Lot 7 (north of Chapel Hill): 129,530 sf $518,120.00
Lot 7 (roundabout area at Rd 76): 344 sf $1,376.00
Total Value $733,601.00
In lieu of direct payment, Pasco agrees to provide Traffic Impact Fee credits in an amount
not to exceed the Total Compensation Value indicated above to the subject properties at
the time they are approved for development to compensate State, its assigns, lessees and/or
successors for the recommended value of the easement area encumbered by Chapel Hill
Boulevard as required under RCW 79.36.440. The Traffic Impact Fee credits shall
constitute full compensation for the easement area.
2) Record of Survey. Pasco shall prepare and record with the Auditor, subject to prior
approval by State, a Record of Survey showing the location of Chapel Hill Boulevard on
the Premises.
3) Authorization of Agreement. In consideration for conveyance of a road easement
underlying Chapel Hill Boulevard, as described herein, Pasco’s City Council shall pass a
resolution or equivalent document authorizing this Agreement, in its entirety, between
Pasco and State, its assigns, lessees and/or successors.
4) Chapel Hill Boulevard Easement. Upon recordation of the Record of Survey and in
consideration for Pasco’s authorization of compensation, State shall execute an easement
document titled City Road Easement, which grants Pasco an Easement for Chapel Hill
Boulevard over the Premises. Said Easement to be substantially in the form of Exhibit B.
5) Notice. Any notices or submittals required or permitted under this Agreement may be
delivered personally, sent by email or mailed first class, return receipt requested, to the
following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of email, or three days after being mailed,
whichever is applicable.
To State:
DEPARTMENT OF NATURAL RESOURCES
Southeast Region
713 Bowers Rd
Ellensburg, WA 98926
Email:
To Grantee:
City of Pasco
525 North 3rd Avenue
PO Box 293
Pasco, WA 99301
Email:
Page 118 of 140
Page 3 of 5
6) Construction. The terms of this Agreement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
7) Effective Date. The Effective Date of this Agreement shall be the date on which the last
party executes this Agreement. The Effective Date will be inserted on the first page of the
Agreement when such date is determined.
8) Exhibits. All exhibits referenced in this Agreement are incorporated as part of the
Agreement.
Signature Page Follows]
Page 119 of 140
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in
duplicate, to become effective as of the day and year first above written.
CITY OF PASCO
Dated: , 20 .
DAVE ZABELL
City Manager
P.O. Box 293
Pasco, WA 99301
Phone: 509-545-3446
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 .
ANGUS W. BRODIE
Deputy Supervisor for State Uplands
1111 Washington Street SE
P.O. Box 47000
Olympia WA 98504-7000
Phone: 360-902-1355
Page 120 of 140
Page 5 of 5
EXHIBIT A
MAP
Page 121 of 140
City Road Easement 1 of 11 Easement No. 50-098517
When recorded return to:
Department of Natural Resources
Southeast Region
Attn: Matt Fromherz
713 Bowers Rd
Ellensburg WA 98926
CITY ROAD EASEMENT
Grantor(s): Washington State, Department of Natural Resources
Grantee(s): City of Pasco
Legal Description: Lots 6 and 7, Section 16, Township 9 North, Range 29 East, W.M.
Assessor’s Property Tax Parcel or Account Number: 117510038, 117510039
Cross Reference: 1847849
DNR Easement No. 50-098517
This Easement is between the CITY OF PASCO, a political subdivision of the State of
Washington herein called "Grantee" and the STATE OF WASHINGTON, acting by and
through the Department of Natural Resources, herein called "State" dated as of
Effective Date".
Conveyance. State for and in consideration of the terms and conditions specified herein,
hereby grants and conveys to the Grantee:
A non-exclusive easement (Easement) in gross for the sole purpose of construction, operation,
use, and maintenance of a public road, public and private utility facilities to benefit the
general public and/or adjacent properties, frontage improvements, street lights, and other
related improvements over and across portions of Lot 6 and Lot 7 of Section 16, Township 9
North, Range 29 East, W.M., Franklin County, lying fifty (50) feet on either side of that bold
centerline for Chapel Hill Boulevard as described on that Record of Survey (hereinafter
Easement Area), recorded in Franklin County, Washington on July 13, 2016 under Auditor
File Number 1847849 and by this reference made a part hereof along with an additional three-
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City Road Easement 2 of 11 Easement No. 50-098517
hundred and forty-four (344) square feet of area for the roundabout planned at the intersection
of Chapel Hill Blvd and Road 76, affecting Lot 7.
An additional fifty (50) feet on either side of the Easement Area, as described above, is also
hereby granted temporarily to aid in the construction of Chapel Hill Boulevard. As titled,
Temporary Construction Easement, this additional fifty (50) feet is for the sole purpose of
providing a staging for the City’s construction contractor during the construction of Chapel
Hill Boulevard. This Temporary Construction Easement shall only be used for the storage of
materials and equipment and to provide additional access along the project length to aid in
construction of the roadway, utilities and other associated amenities such as curb and
sidewalks, storm water drainage, walkways, and lighting systems.
Consideration. In lieu of direct payment, Pasco shall provide to State Traffic Impact Fee
credits towards the future development of Lot 6 and Lot 7. The considerations offered by
Grantee to State, per Lot, are as follows:
Lot 6: 42,821 square feet x $5.00/square foot = $214,105.00
Lot 7 (inclusive of round-about area: 129,874 square feet x $4.00/square foot = $519,496.00
Total consideration for the Easement Area is $733,601.00
Term. The term of this Easement shall be perpetual unless vacated as provided by law. The
Temporary Construction Easement shall terminate upon final completion and acceptance of
the Chapel Hill Boulevard road project.
Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned
without prior written consent of State.
Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
regulations, permits, or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
harmless State, its employees, officers, and agents from any and all liability, damages,
expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or
judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, including but not limited to the use, storage, generation, processing,
transportation, handling, disposal, release, or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
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City Road Easement 3 of 11 Easement No. 50-098517
indemnify State from State's sole or concurrent negligence. This indemnification shall survive
the expiration or termination of the Easement. Grantee waives its immunity under Title 51
RCW to the extent required to indemnify State.
Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
shall obtain and keep in force during the construction of Chapel Hill Boulevard road project
and require its contractors, sub-contractors, or other permittees to obtain while operating on
the Easement Area, the following liability insurance policies, insuring Grantee against liability
arising out of its operations, including use of vehicles. Failure to buy and maintain the
required insurance may result in the termination of the Easement at State’s option. The limits
of insurance, which may be increased by State, as deemed necessary, shall not be less than as
follows:
a) Commercial General Liability (CGL) insurance with a limit of not less than
1,000,000 per each occurrence. If such CGL insurance contains aggregate
limits, the general aggregate limits shall be at least twice the "each occurrence"
limit, and the products-completed operations aggregate limit shall be at least
twice the "each occurrence" limit.
b) Employer's liability ("Stop Gap") insurance, and if necessary, commercial
umbrella liability insurance with limits not less than $1,000,000 each accident
for bodily injury by accident or $1,000,000 each employee for bodily injury by
disease.
c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella
liability insurance with a limit of not less than $1,000,000 per accident, with
such insurance covering liability arising out of "Any Auto". Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage and cover a “covered pollution cost or
expense” as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights against State for the recovery of damages to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided
for all employees of Grantee and employees of any contractors, sub-contractors
or other permittees. Except as prohibited by law, Grantee(s) waives all rights
of subrogation against State for recovery of damages to the extent they are
covered by worker’s compensation, employer’s liability, commercial general
liability or commercial umbrella liability insurance.
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City Road Easement 4 of 11 Easement No. 50-098517
All insurance must be purchased on an occurrence basis and should be issued by companies
admitted to do business within the State of Washington and have a rating of A- or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an
insurer is not admitted, all insurance policies and procedures for issuing the insurance policies
must comply with Chapter 48.15 RCW and Chapter 284-15 WAC.
The State of Washington, Department of Natural Resources, its elected and appointed
officials, agents and employees shall be named as an additional insured on all general liability,
excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s) must reference State's
easement number.
State shall be provided written notice before cancellation or non-renewal of any insurance
referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub-contractors and other permittees as insureds under
all required insurance policies, or shall furnish separate certificates of insurance and
endorsements for each. Contractors, sub-contractors and other permittees must comply with
all insurance requirements stated herein. Failure of contractors, sub-contractors and other
permittees to comply with insurance requirements does not limit Grantee’s liability or
responsibility.
All insurance provided in compliance with this Easement shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
general liability or umbrella insurance maintained pursuant to this Easement.
By requiring insurance herein, State does not represent that coverage and limits will be
adequate to protect Grantee, and such coverage and limits shall not limit Grantee’s liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to
State. If requested by State, Grantee must describe its financial condition and the self-insured
funding mechanism.
Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement
Area, except as approved by State, and except to accomplish the activities intended by the
grant of this Easement, included but not limited to, constructing a roadway, frontage
improvements, and installation of utility improvements. Grantee shall not deposit refuse,
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City Road Easement 5 of 11 Easement No. 50-098517
garbage, or other waste matter or use, store, generate, process, transport, handle, release, or
dispose of any hazardous substance, or other pollutants in or on the Easement Area except in
accordance with all applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law including but not limited to
the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42
USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the
Washington Model Toxic Control Act (MTCA RCW 70.105D) as administered by the State
Dept. of Ecology.
Grantee shall immediately assume responsibility for a hazardous substance release (spill)
caused by Grantee or its Permittees on or adjoining the Easement Area.
As responsible party, Grantee shall:
Immediately notify all necessary emergency response agencies, as required under
federal, state and local laws, regulations, or policies.
Following emergency response agency notifications, notify State (Dept. of Natural
Resources) of all spill releases and Grantee actions completed for spill reporting and
actions planned or completed toward spill cleanup. State notification requirements are
same business day” notification for normal state work days and “next available
business day” notification for weekends and holidays.
At Grantees sole expense, conduct all actions necessary to mitigate the spill release.
Mitigation response actions may include, but are not necessarily limited to, initial
release containment, follow-up site cleanup and monitoring actions, and continued
contact and coordination with regulators and State, as defined under the
aforementioned laws, regulations, policies and this agreement.
Other than performing initial emergency response cleanup/containment actions; obtain
approvals in advance of all site cleanup actions (e.g. site characterization
investigations, feasibility studies, site cleanup and confirmation sampling, and
groundwater monitoring) conducted on State lands, in coordination with regulatory
agencies and State.
Obtain and understand all necessary hazardous substance spill release notification and
response mitigation requirements, in advance of conducting Grantee operations on
State land.
Survey Markers. Grantee shall not destroy any land survey corner monuments and/or
reference points (including but not limited to corner markers, witness objects, or line markers)
without prior written approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
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City Road Easement 6 of 11 Easement No. 50-098517
construction or maintenance activities must be adequately referenced and replaced, at the
Grantee’s cost, under the direction of a State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by
Grantee on the Easement Area, Grantee shall submit a written plan of construction to State
outlining the construction or activity for State's approval, which shall not be unreasonably
withheld. In the event of an emergency requiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. All
construction or reconstruction shall comply with applicable state or local laws.
Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the
maintenance, repair and improvement of the road to City of Pasco road standards.
Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on
any portion of the Easement Area herein granted. Such weed control shall comply with
Franklin County noxious weed control Board rules and regulations established under the
Uniform Noxious Weed Control Statute (Chapter 17.10 RCW). The Grantee shall be
responsible for, or shall immediately reimburse State any weed control cost incurred as a
result of the Grantee's failure to control weeds on the Easement Area.
All ground methods of chemical weed control shall be reported to State at the region office
within thirty (30) days after the weed control activities have been completed.
The aerial application of pesticides is not permitted.
Notice. Any notices or submittals required or permitted under this Easement may be
delivered either personally, sent by facsimile machine or mailed first class, return receipt
requested, to the following addresses or to such other place as the parties hereafter direct.
Notice will be deemed given upon delivery, confirmation of facsimile, or three days after
being mailed, whichever is applicable.
To State:
DEPARTMENT OF NATURAL RESOURCES
Southeast Region
713 Bowers Rd
Ellensburg WA 98926
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City Road Easement 7 of 11 Easement No. 50-098517
To Grantee:
City of Pasco
City Clerk
525 N 3rd Avenue
Pasco, WA 99301
Recording. Grantee shall record this Easement in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the
necessary legal action to vacate such portions and shall immediately restore the land within all
vacated portions to natural conditions as may be directed by State. In restoring the land, all
asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the
adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining
landscape.
Noncompliance. State shall notify the Grantee of any instance of noncompliance by the
Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees
with any of the terms and conditions hereof. Such notice will specifically identify the manner
of noncompliance herewith.
In the event the Grantee does not undertake, or cause to be undertaken, remedial action within
fifteen (15) days following receipt of said notice, State, acting by and through its Region
Manager at Ellensburg, Washington, may suspend the Grantee's operations until such time as
effective remedial action is taken.
Construction. The terms of this Easement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
Effective Date. The Effective Date of this Easement and all provisions herein, including the
Temporary Construction Easement described above, shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement.
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City Road Easement 8 of 11 Easement No. 50-098517
Headings. The headings in this Easement are for convenience only and are not intended to,
and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the
parties. The parties shall not be bound by any oral representations or statements.
Non-waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach.
Severability. If any provision of this Easement shall be held invalid, it shall not affect the
validity of any other provision herein.
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City Road Easement 9 of 11 Easement No. 50-098517
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as
of the day and year first above written.
CITY OF PASCO
Dated: , 20 . By:
City Manager
Address: 525 N 3rd Avenue
PO Box 293
Pasco, WA 99301
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 . By:
ANGUS W. BRODIE
Deputy Supervisor for State Uplands
PO Box 47000
1111 Washington Street SE
Olympia, WA 98504-7000
Approved as to form
October 18, 2002
by Mike Rollinger
Assistant Attorney General
for the State of Washington
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City Road Easement 10 of 11 Easement No. 50-098517
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of
I certify that I know or have satisfactory evidence that are
the individuals who appeared before me, and said individuals acknowledged that they signed
this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the (Title) of the City of Pasco to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
Signature)
Seal or stamp)
Print Name)
Notary Public in and for the State of Washington,
residing at .
My appointment expires .
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City Road Easement 11 of 11 Easement No. 50-098517
STATE ACKNOWLEDGMENT
State of Washington
County of Thurston
I certify that I know or have satisfactory evidence that Angus Brodie is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the Deputy
Supervisor for State Uplands of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated:
Signature)
Seal or stamp)
Print Name)
Notary Public in and for the State of Washington,
residing at .
My appointment expires .
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