HomeMy WebLinkAboutCAG1994-0569 - Original - King County - 272nd/277th Avenue SE North Corridor Road Establishment Agreement - 01/04/1994 272ND/277TH AVENUE S.E. NORTH CORRIDOR
ROAD ESTABLISHMENT AGREEMENT
BETWEEN THE CITY OF KENT, WASHINGTON
AND KING COUNTY, WASHINGTON
THIS AGREEMENT is made and entered into by and between the
City of Kent, Washington, a Washington municipal corporation
("City") and King County, Washington ("County") .
RECITALS
Whereas, the City desires to construct a roadway, the
11272nd/277th Avenue Corridor - North Leg" ("North 277th
Corridor") , in a portion of unincorporated King County; and
Whereas, the City' s North 277th Corridor proposal lies
within the City' s projected urban growth area, as proposed under
the State Growth Management Act; and
Whereas, the City has commenced the process to design and
construct the North 277th Corridor roadway and has completed its
environmental review under the State Environmental Policy Act;
and
Whereas, no right-of-way currently exists over a portion of
the area proposed for the City's North 277th Corridor proposal
project; and
Whereas, the City, has petitioned the County to establish
the road right-of-way along the preferred alignments selected by
the City; and
Whereas, the City has submitted the appropriate plans and
descriptions for the North 277th Corridor proposal to the
County' s Department of Public Works, Roads and Engineering
Division; and
Whereas, the County' s Department of Public Works, Roads and
Engineering Division, has approved the City's preferred road
alignment and descriptions; and
Whereas, the City' s proposed North 277th Corridor road
establishment has been considered by the King County Council
Transportation Committee, which recommended establishment of the
North 277th Corridor alignment at a special meeting held on
Wednesday, October 27 , 1993 ; and
Whereas, the County Council at its regular meeting held on
December 13 , 1993 , considered the City' s proposed North 277th
Corridor proposal and established the City' s preferred road
alignment on the condition that the City and County enter into
this Agreement, which establishes certain rights, liabilities,
and obligations on the part of the City and on the part of the
County.
NOW, THEREFORE, in consideration of the King County
Council ' s approval of the establishment of the North 277th
Corridor roadway in unincorporated King County, King County and
the City of Kent agree to comply with the following conditions
throughout the duration of this Agreement:
AGREEMENT
A. Conditions to Be Met by the City of Kent.
1. Within 180 days of the effective date of this
Agreement, the City of Kent shall provide the County a financial
plan on how it will finance the proposed North 277th Corridor
improvements to completion. The City will provide financing for
design, right-of-way acquisition and construction of the City's
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proposed North 277th Corridor improvements with no anticipated
County funding participation.
2 . Within 180 days of the effective date of this
Agreement, the City shall prepare a contingency plan in the event
that the City' s North 277th Corridor funding is revised leaving
the City unable to proceed with the North 277th Corridor project.
3 . The City shall acquire adequate right-of-way for
the North 277th Corridor to provide for the construction of a
five lane facility; provided, that during the intermediate design
35% completion phase of the project, a feasibility study is
performed which analyzes utilization of two lanes for high
occupancy vehicles.
4 . The City shall design the west terminus of its
North 277th Corridor project so as to be consistent with options
set forth in the County's proposed Southeast 272nd/277th Corridor
proposal and will submit the design to King County for review.
5. The City will cooperate with other jurisdictions
to develop plans for constructing a widened and grade separated
roadway west of the North 277th Corridor west terminus. The
County shall coordinate the development of these plans with the
City of Auburn and the valley commuter rail sponsors during the
preparation of the Environmental Impact Statement for the
County's proposed Southeast 272nd/277th Corridor.
6 . The City shall design the North Corridor project,
to the extent practicable, to meet all of King County' s
applicable environmental, land use and road standards. Kent
shall follow established County procedures to obtain approval of
any necessary variances or exceptions to those standards. The
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design of the City' s North 277th Corridor project shall place an
appropriate emphasis on protection of adjacent neighborhoods and
the provision of landscaping, noise buffers, glare reduction from
lights, pedestrian walkways, bicycle lanes, and safe access to
protect the future integrity of the road to the extent such
emphasis is consistent with the mitigation commitments in the
City' s Environmental Impact Statement for its North 277th
Corridor project.
7. Prior to submitting to the King County Department
of Development and Environmental Services ("DDES") for applicable
permits associated with the construction of the City' s North
277th Corridor project, the City shall initiate value engineering
and prepare additional analysis, as necessary thereto.
B. Conditions to Be Met by King County.
1. King County shall include analysis of the proposed
transportation network during preparation of the EIS for the
Southeast 272nd/277th Corridor. Access requirements from
adjacent properties to the County' s corridor project from
existing roadways will be analyzed. Establishment of routes to
provide reasonable access to the corridor will also be addressed
in the EIS.
2 . The King County Department of Development and
Environmental Services shall cooperate with the City of Kent to
facilitate timely review and action on applicable permits for the
City' s North 277th Corridor project and shall consult with the
Department of Public Works, Roads and Engineering Division, as to
the suitability of the City' s proposed design to assure best
management practices to protect the water quality and fish in the
Green River, to meet applicable King County's sensitive areas
ordinance policies for erosion control and slope stability, and
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to assure that surface water drainage control and grading
measures will be implemented during and after construction in
order to mitigate any environmental impacts.
C. Conditions to Be Met by the City of Kent and King
County.
1. The King County Council ' s Transportation Committee
will be updated on the status of the City's North 277th Corridor
project and the County' s proposed Southeast 272nd/277th Corridor
project on a semi-annual basis, or more frequently upon request
of the County' s Transportation Committee.
2 . The City agrees to continue to involve the King
County Citizen Advisory Committee ("CAC") for the County' s
Southeast 272nd/277th Corridor proposal in the development of the
City' s project. The City also agrees to hold two public meetings
on its North 277th Corridor project at the thirty-five (35%)
percent and ninety-five (95%) percent completion phases of its
project design. In addition, the City agrees to inform the local
community of its North 277th Corridor activities and construction
schedules by publishing a quarterly newsletter.
3 . The City will continue its efforts in
Transportation Demand Management and will continue to work with
adjacent jurisdictions and the State of Washington to assure
mobility so that latent demand does not replace the existing
Central Business District ("CBD") traffic that is projected to
use the City' s proposed North 277th Corridor roadway.
4 . The City and the County will continue to
participate in multi-modal planning efforts with METRO, the
Regional Transit Authority, and the State Department of
Transportation ("DOT") for HOV, Park and Rides, and transit
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service to be established to serve the area of the proposed
corridor and the proposed new valley commuter rail stations.
5. The City and the County will develop a strategy to
provide County review of plan and specification development,
where applicable, for construction of the North Corridor. This
oversight will be provided in conjunction with the continued
involvement of the Technical Advisory Committee ("TAC") during
the City's design of its North 277th Corridor project. The City
shall also be required to use a King County staff inspector
during construction of the roadway.
6. At the completion of the thirty-five (35%) percent
design review phase, the City shall provide a report to the
County Council addressing economically feasible alternatives to
enhance safety and create additional visual and noise barriers,
including cost estimates therefor.
7. Upon final acceptance of the project by King
County, maintenance of the project, or any portion thereof, shall
be the responsibility of the agency within whose jurisdiction
such portion is located unless a written agreement stipulating
otherwise is signed by the appropriate City and County officials.
D. General.
1. Effective Date. This Agreement shall be effective
after approval by the Kent City Council and the King County
Council and, when signed, by the County Executive and the Mayor
of the City of Kent.
2 . Duration. This Agreement shall commence on the
effective date as provided for herein and shall terminate upon
the occurrence of any one of the following: (a) when the County
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accepts the North 277th Corridor roadway as complete; (b) until
the City annexes territory including the North 277th Corridor; or
(c) until ten (10) years from the effective date of this
Agreement. The City, at its option, may extend the term of this
Agreement after receiving the prior consent of the County, for
successive periods not to exceed five (5) years each. In the
event that the City wishes to extend the term of this Agreement
for any succeeding period as contemplated herein, the City shall,
within one hundred eighty (180) days of the expiration date of
this Agreement, notify the County in writing that it wishes to
exercise its option to extend the term of this Agreement,
whereupon the County, not later than ninety (90) days prior to
the expiration of this Agreement, shall notify the City in
writing of its willingness to accept the term extension for the
additional period requested by the City, or such other time
period as it deems advisable.
3 . Applicable Jurisdiction. In the event that a
portion of the North Corridor roadway becomes annexed to the City
of Kent prior to project permitting, all permitting authority and
procedural matters described above related to that portion(s) of
the roadway in the annexed area shall be under the jurisdiction
of the City of Kent in accordance with state and local law.
4 . Administration. The City shall continue to be the
lead agency on the North 277th Corridor project and shall
administer the project with full authority subject to the
authority of all agencies from whom permits must be obtained in
order to effect the construction of the City's project.
5. Property Acquisition. In the event that the City
must acquire any real property by eminent domain in order to
construct its North 277th Corridor project, the County will
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cooperate with the City, if necessary, to exercise their powers
of eminent domain. The City will reimburse the County for all
costs incurred by the County if it becomes necessary for the
County to exercise its power of eminent domain.
6. Default. In the event the City breaches any of
the terms or conditions of this Agreement, the County shall have
the right, but not the obligation, to assume administrative
authority over the City' s North 277th Corridor project.
7. Indemnity. Each party hereto agrees to defend,
indemnify and hold harmless the other party, its officials,
agents, and employees, for all claims (including demands, suits,
penalties, losses, damages, attorney's fees or costs of any kind
whatsoever) to the extent such claim arises from or is caused by
the indemnifying party' s negligence or that of its officials,
agents, or employees arising out of or incidental to the
performance of, or failure to perform, this agreement. The
parties agree that their obligations under this subparagraph
extend to any claims made against one party by the other party's
own employees or agents. For this purpose, the parties, by
mutual negotiation, hereby waive, as respects the other party
only, any immunity that would otherwise be available against such
claims under the industrial insurance provisions of Title 51 RCW.
In the event either party incurs attorney' s fees, costs or other
legal expenses to enforce the provisions of this subparagraph
against the other party, all such fees, costs and expenses shall
be recoverable by the enforcing party from the other party.
8. Waiver of Breach. A waiver by either the City or
the County of a breach of the other party of any condition of
this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach of this
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Agreement. Leniency, delay, or failure of either party to insist
upon strict performance of any condition of this Agreement, or to
exercise any right herein given in any one or more instances,
shall not be construed as a waiver or relinquishment of any such
condition or right.
9. Attorney Fees. In the event either party finds it
necessary to bring an action or other proceeding against the
other party to enforce any of the terms or conditions of this
Agreement, each party shall be responsible for payment of its own
legal costs and attorney fees.
10. Modification. No waiver, alteration, or
modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by duly authorized
representatives of the City and the County.
11. Entire Agreement. The written provisions and
terms of this Agreement, together with any exhibits attached
hereto, shall supersede all prior verbal statements of any
representative of the City or the County and such statements
shall not be effective or be construed as entering into or
forming a part of or altering in any manner whatsoever this
Agreement. The entire Agreement between the parties with respect
to the subject matter hereunder is contained in this Agreement
and any exhibits attached hereto.
DATED this day of , 199q.
Approved by the Kent City Council by its motion passed on
November 16, 1993 .
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Approved by the King County Council by its Ordinance No.
11169 passed on December 13 , 1993 .
KING COUNTY CITY OF KENT
By: By•
Its Chief E �EX� is Mayor
Approved as to form: Approved as to form:
r 'Rog A. -uTov--icTz
King Coun y Prosecutor City Attorney
A
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I rtify that I know or have satisfactory evidence that
is the person who appeared before me, and
said person acknowledged that the signed this instrument, on oath
stated that he was a �� .0 e Ae instrument and
acknowledged it as tY�"e King County, Washington
to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Date:
Notary Public in and f r S to of
of Washington, residin
My commission expires
Y PUBLIC
North 277th Corridor Interlocal K ` � � ��`.!�• �. a
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s
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I cert-if t;hat, I know or have satisfactory evidence that
is the person who appeared before me, and
sa,Sd person ackno edged that he/she signed this instrument, on
o h stated that hq/she was authorized to execute the instrument
and acknowledged it as the Mayor R "" of the City of Kent,
Washington to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Date: - G. ...: y: 4.c t
Z
No; ary Pub is in and for the $fate of
of Washington, residing at > -el.
My commission expires
corridor.agr
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