HomeMy WebLinkAboutCity Council Committees - Kent City Council - 02/11/2020 (2)KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, February 11, 2020
4:00 PM
Chambers
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1.CALL TO ORDER
2.ROLL CALL
3.AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4.DEPARTMENT PRESENTATIONS
A. Milwaukee II Levee Project - PacMet
Property, LLC Purchase - Authorize
Stephen Lincoln
B. Signature Pointe Levee Interlocal
Agreement for Real Estate Appraisals and
Preliminary Designs - Authorize
Stephen Lincoln
C. INFO ONLY: Downey Farmstead Channel
Restoration Project
Melissa Dahl
D. INFO ONLY: Transportation Master Plan -
Multimodal Transportation Network
April Delchamps
Fehr & Peers
E. INFO ONLY: Transportation Master Plan
Prioritizing Projects and Updated
Performance Metrics
April Delchamps
Fehr & Peers
F. INFO ONLY: Quiet Zone Update Rob Brown
G. Payment of Bills - Approve Paula Painter
H. Consolidating Budget Adjustment
Ordinance for Adjustments between
December 1, 2019 and December 31,
2019 - Adopt
Paula Painter
5.ADJOURNMENT
Committee of the Whole Committee of the Whole -
Regular Meeting
February 11, 2020
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Milwaukee II Levee Project - PacMet Property, LLC Purchase
- Authorize
MOTION: Authorize the Mayor to sign all documents necessary to purchase
a portion of a parcel of land (APN 000660-0102) located at 959 5th Avenue
South in Kent, from PacMet Property, LLC, in an amount not to exceed
$67,000, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The City of Kent has been working with the property owner to
purchase a portion of their property, located at 959 5th Avenue South, for the
Milwaukee II Levee Project. The property owner has accepted the City’s fair market
value offer of $67,000.
The Milwaukee II Levee Project includes construction of an earthen levee and
floodwall system that will reduce flood risk impacts from the Green River from
major storm events, and will better protect businesses, residents, and roadway
infrastructure in the Kent Valley. The majority of the levee project is funded by the
King County Flood Control District; however, this parcel purchase is being funded
by the City in order to expedite the transaction, as this parcel is not included in the
City’s Interlocal Agreement with the King County Flood District.
The current levee fails to meet federal standards established by FEMA. The
purchase of this property, along with other nearby properties, will be used to
strengthen the levee and assist the City in obtaining FEMA certification of its levee
system.
BUDGET IMPACT: $67,000 from the Drainage Utility fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. PacMet DRAFT Purchase & Sale Agreement (PDF)
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 1 of 7
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, authorized by the Kent City Council on February 18, 2020
(“Buyer”), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-
5895, and PACMET PROPERTY LLC, (“Seller”) whose mailing address is 925 5th
Avenue S., Kent, WA 98032, for the sale and purchase of real property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell, is known as a portion of King County Tax Parcel Number 000660-0102, located
at 959 5th Avenue S., Kent, WA 98032 (the “Property”). The Property is legally
described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and
incorporated herein by this reference.
2. EARNEST MONEY. Within ten working days of mutual acceptance of
this Agreement, Buyer shall deposit with Rainier Title Insurance Company (the
“Escrow Agent”), the sum of Five Thousand Dollars and NO/100ths ($5,000.00) in
the form of a Certified Check, as refundable earnest money to be applied toward the
purchase price of the Property payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is Sixty-
Seven Thousand Dollars and NO/100ths ($67,000.00), including Earnest Money,
payable on Closing.
4. CONTINGENCIES. This Agreement is contingent upon the Buyer
authorization set forth in Section 18 of this Agreement. Should any of the
contingencies not be met prior to Closing, then this Agreement shall terminate and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the Earnest Money in Escrow shall be immediately returned to Buyer.
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Real Estate Purchase and Sale Agreement Page 2 of 7
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and
clear of all liens, encumbrances or defects except those described in Schedule B,
paragraph(s) 15 through 23 of Rainier Title Report Number 757846RT, described in
Exhibit “C”, attached hereto and incorporated herein by this reference. All other
special exceptions therein are to be removed on or before Closing. General exclusions
and exceptions common to the area and not materially affecting the value of or
unduly interfering with Buyer’s reasonable use of the Property shall be permitted. All
monetary encumbrances and special exceptions listed in Exhibit “C”, other than
those specifically noted above, are to be removed on or before closing.
6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title (Escrow
Agent), to issue standard coverage owner's policy of title insurance to Buyer in an
amount equal to the total purchase price of the Property. For purposes of this
Agreement, the following shall not be deemed encumbrances or defects: rights
reserved in federal patents or state deeds, building or use restrictions consistent
with current zoning and utility and road easements of record. If title cannot be made
so insurable prior to Closing, unless Buyer elects to waive such defects or
encumbrances, this Agreement shall terminate and the Earnest Money shall be
returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise
Tax, if applicable, shall be paid by Seller, except for those fees which are expressly
limited by Federal Regulation. Buyer shall pay all recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the current year, rents, interest, water, sewer and other utility charges, if
any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise
agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within sixty days
of the date of mutual acceptance of this Agreement, which shall also be the
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 3 of 7
termination date of this Agreement, unless said Closing date is extended in writing
by mutual agreement of the parties. When notified, the Buyer and Seller will deposit,
without delay, in escrow with Rainier Title (Escrow Agent), all instruments and
monies required to complete the transaction in accordance with this Agreement.
Closing, for the purpose of this Agreement, is defined as the date that all documents
are executed and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this Agreement,
at option of the Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on Closing.
11. SELLER’S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition until
time of agreed possession;
(b) that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except:
(c) that if the Property is leased, Seller will provide copies of each and every
lease to Buyer within one working day upon request.
12. SELLER’S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best of Seller’s knowledge, Seller is not aware of the existence of, or has
caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, discharge or contamination) that existed as of and/or prior to
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities.
This provision shall survive Closing and be in addition to Seller’s obligation for breach
of a representation or warranty as may be set forth herein.
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 4 of 7
13. SELLER’S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without limitation,
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller’s predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller’s obligation
for breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY’S FEES.
(a) Buyer’s Default. If Buyer defaults hereunder, Seller’s sole remedy shall
be limited to damages against Buyer in the liquidated amount of the
Earnest Money previously paid by the Buyer. Buyer and Seller intend
that said amount constitutes liquidated damages and so as to avoid
other costs and expenses to either party in connection with potential
litigation on account of Buyer’s default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Seller’s Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
(c) Attorney’s Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and
attorney’s fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation
of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS
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Real Estate Purchase and Sale Agreement Page 5 of 7
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES.
16. NON-MERGER. The terms, conditions, and provisions of this
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
City of Kent
Attn: Cheryl Rolcik-Wilcox
Property & Acquisition Analyst
220 Fourth Avenue South
Kent, WA 98032
CRolcik-Wilcox@KentWA.gov
Fax: 253-856-6500
And to:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
CityClerk@KentWA.gov
Fax: 253-856-6725
(b) All notices to be given to Seller shall be addressed as follows:
PacMet Property LLC
Attn: Derek Fallen
925 5th Avenue S.
Kent, WA 98032
Derek@PacMet.co,
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Jennie Graddon
Rainier Title Insurance Company
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 6 of 7
20435 72nd Ave. S., #155
Kent, WA 98032
JennieG@RainierTitle.com
213-216-0240
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on
the third day following the day such notice is mailed in accordance with this section.
18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the
closing of the transaction contemplated by this Agreement (the “Closing”) is
expressly conditioned on the City of Kent City Council’s (the “City Council’s”) prior
authorization to buy the Property under this Agreement (“Council Authorization”),
which may or may not be granted in the City Council’s sole discretion. The City of
Kent shall not be liable or obligated for any burden or loss, financial or otherwise,
incurred by Seller as a result of the City Council’s modification of the final terms and
conditions of this Agreement, or the City Council’s failure to grant the Council
Authorization.
18.1 Seller’s Waiver. Seller expressly waives any claim against the
City of Kent and its elected officials, officers, employees, representative and agents
for any burden, expense or loss which Seller incurs as a result of the City Council’s
failure to grant the Council Authorization.
19. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
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Real Estate Purchase and Sale Agreement Page 7 of 7
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the date of mutual acceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement as indicated below.
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
_____________________________________, to accept the Agreement as written,
by delivering a signed copy thereof to the Buyer or Buyer’s agent. If Seller does not
so deliver a signed copy within said period, this Agreement shall lapse and all right
of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER:
CITY OF KENT
Name: Dana Ralph
Title: Mayor
Dated:
SELLER:
Name:
Title:
Dated:
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EXHIBIT
TAX LOT 0006600102
PARTIAL ACQUISITION
THAT PORTION OF SAMUEL W. RUSSELL DONATION CLAIM NO. 41, IN SECTION 25,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE S.W. RUSSELL DONATION CLAIM
NO. 41 ; THENCE SOUTH 00"1 1'08' EAST 1373.52 FEET TO THE SOUTHWEST CORNER
OF WATERMAN'S ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 12
OF PLATS, PAGE 11, lN KING COUNTY, WASHINGTON; THENCE NORTH 89"42'56' EAST
795.51 FEET; THENCE SOUTH 00'18'30' EAST 1445.41 FEET TO THE NORTHERLY RIcHT
OF WAY MARGIN OF SOUTH 259rH STREET; THENCE ALONG SAID NORTHERLY RIGHT
OF WAY MARGIN, NORTH 82"55'10'' WEST 20j7 FEET TO THE WESTERLY LINE OF THAT
TRACT OF LAND CONVEYED TO THE CITY OF KENT RECORDED UNDER AUDITOR'S
FILE NUMBER 9208110918, IN KING COUNTY, WASHINGTON BEING THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 82.55,10,
WEST 116.05 FEET TO THE EASTERLY MARGIN OF THE UNION PACIFIC RAILROAD
COMPANY RIGHT OF WAY; THENCE ALONG SAID EASTERLY MARGIN, NORTH 04"40'40
WEST 7 .42 FEET,, THENCE LEAVING SAID EASTERLY MARGIN, SOUTH 82'55'10' EAST
6.71 FEET TO A POINT OF TANGENCY WITH A 133,00 FOOT RADIUS, CIRCULAR CURVE
TO THE LEFT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 51O05'39', AN ARC DISTANCE OF 118.60 FEET TO THE WEST LINE OF SAID
TRACT OF LAND CONVEYED TO THE CITY OF KENT; THENCE ALONG SAID WESTERLY
LINE SOUTH 00"18'30' EAST 57.21 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,560 SQUARE FEET, MORE OR LESS.
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L1 - N82'55'10"W -20.17'
L2 - NB2's5'10'W - 1 16.05'
L3 - N04'40',42"W -7.42'
L4 - S82'55'10',E - 6.71,
TAX LOT
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Project #16-3006
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
PARTIAL
ACQUISITION
DRAWN BY: TLM
SGALE: 1"=100'
LOCATED IN , SECTION 25,
TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M.
CITY OF KENT
LAND SURVEY SECTION
KENT
DATE: 0711812019
EXHIBIT
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R/AINIERTITLE
File No.: 757846RT
Special Exceptions
The Land is situated within the boundaries of local taxing authority of City of Kent.
CAUTION: Washington has a graduated excise tax rate for sales occurring on or after 11112020
for most properties, although a flat rate applies to properties formally classified and specially
valued as timberland or agricultural land on the day of closing.
The rate of real estate excise tax applicable to a sale prior to 11112020, is 1.78o/o.
The rate of real estate excise tax to a sale on or after 11112020 for properties which are not
formally classified and specially valued as timberland or agricultural land is:
State portion 1 .10o/o on any portion of the sales price of $500,000 or less;
1.28% on any portion of the sales price above $500,000, up to $1,500,000;
2.75o/o on any portion of the sales price above $1,500,000, up to $3,000,000;
3.00% on any portion of the sales price above $3,000,000;
Local portion: 0.50% on the entire sales price.
An additional $5.00 State Technology Fee must be included in all excise tax payments. lf the
transaction is exempt, an additional $5.00 Affidavit Processing Fee is required.
Any conveyance document must be accompanied by the official Washington State Excise Tax
Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the
recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be
printed as legal size forms).
General taxes and related charges for the year 2020 are not available from the County at this time
and are not yet payable.
TaxAccount No.: 000660-0102-08
Levy code: '1526
General taxes and charges for the year 2019, which have been paidAmount: $24,925.30
TaxAccount No.: 000660-0102-08
Levy code: 1526
Assessed value of land: $1,048,400.00
Assessed value
of improvements: $958,000.00
Based on the Treasurer's records, the name and address of the last taxpayer/owner is
Allan Family LLC
2636 Quarterhorse Way
Richland, WA 99352
4.The legal description in this commitment is based upon information provided with the application
for title insurance and the public records as defined in the policy to issue. The parties to the
forthcoming transaction must notifu the title insurance company, prior to closing, if the description
does not conform to their expectations.
This page is onty a pafi of a 2Ot A ALTA@ Cormitment for Title lnsurance. This Commitment is not vatid without the Notice; the Commitment to tssue Poticy; the Commitment
Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Paft ll- Exceptions; and a counter-signature by the Company or its issuing agent that nay be
in electronicform.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereofl is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license fom the American Land Title Association.
Page 9 of 18
ALTA GOMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY RAINIER TITLE AGENT FOR
COMMONWEALTH LAND TITLE INSURANCE COMPANY
1
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5.Liability, if any, for personal property taxes pursuant to R.C.W. 84.56.070 wherein no conveyance
can be made without prepayment of said tax, including advanced tax.
Any question should be directed to the Personal Property Tax Department of the County wherein
the property is located.
6.Unrecorded leaseholds, if any; rights of vendors and holders of security interest on personal
property installed upon the land; and rights of tenants to remove trade fixtures at the expiration of
the term.
PLEASE FULLY COMPLETE AND RETURN THE ATTACHED AFFIDAVIT TO THE COMPANY
FOR REVIEW PRIOR TO CLOSING.
Matters affecting security interests in personal property which may be disclosed by a search of the
Uniform Commercial Code (UCC) records at the Washington State Department of Licensing in
Olympia.
We are informed that PacMet Property LLC, is a limited liability company (LLC). A copy of the
duplicate original of the filed LLC Certificate of Formation, the LLC agreement and all subsequent
modifications or amendments must be submitted to the Company for review.
Any conveyance or mortgage by PacMet Property LLC, a limited liability company (LLC), must be
executed by all the members, or evidence submitted that certain designated members or
managers have been authorized to act for the limited liability company.
10 Deed of Trust and the terms and conditions thereof:Grantor: Allen Family LLC, a Washington limited liability companyTrustee: First American Title lnsurance CompanyBeneficiary: PacMet Property LLC, a Washington limited liability companyOriginalamount: $5,350,000.00Dated: December 27,2020Recorded: December 30,2020
Recording No.: 20191230000064
lncludes other property
11 Deed of Trust and the terms and conditions thereof:Grantor: The Allen Family LLC, a Washington limited liability companyTrustee: First American Title lnsurance CompanyBeneficiary: PacMet Property LLC, a Washington limited liability companyOriginalamount: $5,350,000.00Dated: December 27,2020Recorded: December 30,2020
Recording No.: 20191230000905
lncludes other property
This page is only a paft of a 2o1a AtfA@ Co^mitment for Title lnsurance. This Commitment is not vatid without the Notice; the Commitment to lssue Poticy; the Commitment
Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Part ll- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title A$ociation. All rights reserved.
The use of this Form (or any derivative thereoO is restricted to ALTA licensees and
ALTA members in good slanding as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 10 of 18
7
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12. We find no pertinent matters of record against the name(s) of the vested owners.
13. The following conveyances were recorded within the last 36 months:
Statutory Warranty Deed recorded under Recording No. 201 91 230000063:
Statutory Warranty Deed recorded under Recording No. 20191230000904:
Quit Claim Deed recorded under Recording No. 20200108000855, being a re-record of
20040223001298;
NOTE: The Recording No. of the Deed underwhich title is held is:20191230000904.
14. The names of the proposed insured were not furnished in the application for title insurance, and
when disclosed, the commitment will be subject to such matters as may be found by a search of
the records against said names.
The Company reserves the right to add additional items or make further requirements after review
of the requested documentation.
15. Agreement and the terms and conditions thereof:Recorded: June 1, 1915
Recording No.: '100031 1Regarding: Railway Companies shallconstruct and maintain an
undergrade private cattle pass upon the premises immediately Easterly of
and contiguous to the present public road crossing to extend entirely across
the 100 foot wide railroad right of way
16. Easement and the terms and conditions thereof:Grantee: Puget Sound Power & Light CompanyPurpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: November3,1966
Recording No.: 6102607
17. Easement and the terms and conditions thereof:Grantee: City of Kent, a municipal corporationPurpose: Sanitary sewer and water lines
Area affected: a portion of said premises
Recorded: March 2,1967
Recording No.: 6145'100
18. Easement and the terms and conditions thereof:Grantee: City of Kent, a municipal corporationPurpose: lngress, egress and utilities
Area affected: a portion of said premises
Recorded: February 16, 1989
Recording No.: 8902160057
19. Local lmprovement DistricVUtility Local lmprovement District Covenant and the terms and
conditions thereof:Recorded: March 1, 1989
Recording No.: 8903010123Regarding: Owner agrees not to protest the formation of an L.l.D. or
U.L.l.D. to finance storm drainage improvements
This page is only a paft of a 2016 ALTA@ Commitment for Titte lnsurance. This Commitment is not vatid without the Notice; the Commitment to Issue Policy; the Commitment
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Paft tl- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copydght 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is reshicted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Tille Association.
Page 1{ of 18
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20. Easement and the terms and conditions thereof:Grantee: City of Kent, a municipal corporationPurpose: Sidewalk, utilities and street lighting
Area affected: a portion of said premisesRecorded: August 11,1992
Recording No.: 9208110921
21 Signal Participation Covenant Partnership and the terms and conditions thereof:Recorded: August 11,1992
Recording No.: 9208110922
22. Easement and the terms and conditions thereof:Grantee: Puget Sound Power & Light CompanyPurpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises and includes other propertyRecorded: May 4, 1993
Recording No.: 9305041135
23. Easement and the terms and conditions thereof:
Established in Cause No.: 3:11-cv-05274-RBL
Purpose:Telecommunications cable system
Area affected:a portion of said premises and affects other propertyRecorded: November 15,2013
Recording No.: 20131115001267
End of Special Exceptions
This page is onty a pafi of a 2o1a ALTA@ Co^mitment for Title lnsunnce. This Commitment is not vatid without the Nolice; the Commitment to lssue Policy; the Commitnent
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedute B, Paft tt- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title Association. Atl rights reserved.
The use of this Form (or any derivative thereof) is restricled to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license ftom the American Land Tifle Association.
Page 12 of 18
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Signature Pointe Levee Interlocal Agreement for Real Estate
Appraisals and Preliminary Designs - Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement between the
City and the King County Flood Control District to reimburse the City for
real estate appraisals and preliminary designs for the Signature Pointe
Levee Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Signature Pointe Levee Project is located on the right bank of the
Green River between Washington Avenue South and the west end of the Riverbend
Golf Course Complex Driving Range. The levee does not meet 100-year FEMA
Accreditation standards for flood protection and needs to be repaired. The proposed
Project will repair the levee and increase its flood protection level to a 500-year
design standard.
This Interlocal Agreement between the City of Kent and the King County Flood
Control District includes provisions for the City to complete real estate appraisals,
review appraisals, title research, and other required real estate activities. The
Agreement also includes provisions for the City to complete preliminary designs,
perform field reconnaissance, topographic survey, environmental reports and
documentation, geotechnical, structural and hydraulic engineering, and other
required technical studies.
Two previous ILAs were executed for the Signature Pointe Levee Project. The first
ILA was executed in May 2018 for a levee alternatives analysis, the other was
executed in June 2019 for property acquisition. In the future, a separate Interlocal
Agreement will be needed for additional property acquisition, final design, and
construction of the levee.
Completion of the Signature Pointe Levee Project will enable the City to reduce
flood risk to the Signature Pointe Apartments and other surrounding areas, and will
allow the City to work with FEMA to accredit the levee and remove areas from
FEMA’s flood maps. The District will reimburse the City for expenses related to the
above work as described the Agreement.
BUDGET IMPACT: This Interlocal Agreement will provide $1,445,000 to the project
4.B
Packet Pg. 17
budget. Expenses will be reimbursed by the King County Flood Control District.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Signature Pointe Levee - Real Estate Appraisals and Preliminary Designs
(PDF)
4.B
Packet Pg. 18
Page 1 of 8
AGREEMENT REGARDING
REAL ESTATE APPRAISALS AND PRELIMINARY DESIGNS
Signature Pointe Levee Improvement Project
River Mile 21.7 to 23.2, Right Bank
THIS AGREEMENT is made and entered into on the last date signed below, by and between
the CITY OF KENT, a municipal corporation of the State of Washington (“City”), and KING
COUNTY FLOOD CONTROL DISTRICT, a quasi-municipal corporation of the State of
Washington (“District”) (collectively, the "Parties").
RECITALS
A. The Signature Pointe Levee (“Levee”) is a key part of the Green River levee
system. The District desires to improve the Levee to provide improved flood protection and
scour protection, enable certification and FEMA accreditation, and secure necessary land rights
for river bank protection and other flood related works (the Levee improvement will hereafter
be referred to as the “Project”). The area of the Project is the right bank of the Green River
from River Mile 21.7 to 23.2.
B. King County, Washington, through its Water and Land Resources Divisoin of
the Department of Natural Resources and Parks, as service provider to the District pursuant to
an interlocal agreement, manages, operates, and maintains a major portion of the Green River
levee system.
C. The District has included the Project on its 2020-2025 Six Year CIP Projects
Allocations List, and budgeted $1,445,000 in its 2020 Capital Budget for real estate
appraisals and preliminary designs. The District has also forecasted on its 2020-2025 Six
Year CIP Projects Allocations List, $26,777,500 in 2021 and $26,777,500 in 2022 for the
Project to acquire all necessary real estate, complete the designs, obtain all permits, and to
construct and complete the Project. The Parties desire to construct the Project as soon as
possible, with an optimistic goal of commencing construction in the year 2021. However,
before construction can commence, the necessary real estate acquisition and design must be
completed.
D. At the District's request and on its behalf, the City has agreed to complete
real estate appraisals and prepare preliminary designs. The real estate appraisals process may
include without limitation; appraisals, review appraisals, title research, and other required real
estate activities with the goal of pursuing fee title, permanent restrictive easements, or
4.B.a
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temporary construction easements as the Parties may agree are necessary for the Project. The
City will also complete analysis of potential impacts and damages to properties along the levee
alignment, from the Riverbend Golf Complex to Washington Avenue. The real estate
appraisals and damage analysis completed under this Agreement will not include the Ostrovsky
and Dejbod parcels (APN 5436200851 and 5436200841), which the City is acquiring at its own
costs. Preparation of preliminary designs may include without limitation; development of
plans, field reconnaissance, topographic survey, environmental reports and documentation,
geotechnical, structural and hydraulic engineering, and other technical studies the Parties may
agree are necessary for the Project. The Parties goals are to complete the real estate appraisals
and preliminary designs as soon as practicable and within the year 2020.
AGREEMENT
1. Incorporation of Recitals: All recitals above are hereby incorporated in and
ratified as part of this Agreement. The District Executive Director or designee shall have all
discretion and right to perform the functions of the District in this Agreement, unless otherwise
provided in this Agreement.
2. Term-Effective Date:
a. This Agreement will be effective when the second party signs.
b. The term of this agreement shall run and shall remain in effect until all terms of
this Agreement are completed or four (4) years from the effective date of this Agreement,
whichever occurs first.
3. Project Description and Specifications
a. The project is a replacement of the existing levee and revetment on the right
bank of the Green River from River Mile 21.7 to·23.2 (which extends from the west end of the
Riverbend Golf Complex Driving Range to the Washington Ave South bridge), commonly
referred to as the Signature Pointe Levee Project (“Project”). The Project is described briefly
and depicted in the Alternative Analysis study commissioned by the District, prepared by the
City and presented to the District Executive Committee at its meeting on August 26, 2019.
b. The height of the existing levee will be increased to achieve the Lower Green
River System-Wide Improvement Framework's provisional flood protection goal of 0.2%
annual chance (500-year) or 18,800 cfs (as measured at Auburn USGS gage), plus a minimum
of three (3) feet of freeboard.
4. Project Responsibility and General Requirements
a. The City will prepare appraisal reports and complete analyses of property
4.B.a
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impacts and damages, and preliminary designs, in accordance with all applicable laws,
regulations, standards and guidelines, including without limitation the following:
i. District resolutions and policies;
ii. Landscape architecture and engineering design standards and guidance;
iii. Terms and conditions of agreements that relate to the real property on
which the Project will be constructed;
iv. U.S. Army Corps of Engineers and FEMA design guidance and
standards regarding structural design of flood protections system
(levees and floodwalls); and
v. Project plans and specifications.
b. In designing the project, the Levee shall meet the following minimum Factors of
Safety (FS) for potential slope failure mechanisms when determined by the methodologies
described in USACE Publications EM 1110-2-1902 and EM 1110-2-1913, as follows:
End of Construction FS=1.3
Steady State at full stage FS=1.2
Steady state at intermediate stage FS=1.2
Seepage and Heaving: FS=1.2
Rapid Drawdown from full stage: FS=1.4
Seismic: FS=1.0
c. The preliminary designs shall include 30% plans, specifications and cost
estimates. The City agrees to maintain documentation of all planning, design, construction and
inspection of the Project sufficient to meet state audit standards for a capital project, recognizing
that the costs of the Project are paid for in whole or in part by the City and the District. The City
agrees to maintain any additional documentation that is reasonably requested by the District. City
contracts and internal documents shall be made available to the District for review and/or
independent audit upon request. The designs shall include all flood protection facilities and
other environmental or recreation required by the project or requested by the District.
5. District Review of Project Plans and Specifications. The City shall provide to the
District a schedule of the events and actions the City believes are material and significant for
4.B.a
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design and bidding of the Project, including 30% PS&E, 60% PS&E, 90% PS&E, 100% or final
PS&E and the invitation to bid. The City shall submit the preliminary phase of PS&E to the
District and allowed the District at least 30 days to review and comment on that phase of PS&E.
If the District fails to comment within this 30-day time period, that failure shall be interpreted as
the District’s approval of the PS&E. The District may request more time for review or to ask
questions. The City will incorporate all changes requested by the District or provide reasons for
not incorporating those changes.
6. Reimbursement of City Expenditures – General:
a. As provided for in this Agreement, the District will reimburse the City
all costs and expenses incurred by the City to prepare real estate appraisals and preliminary
designs ("City Costs") The maximum reimbursement for City costs currently authorized
through this Agreement is $1,445,000. However, the parties understand that the market rate
for Real Property is in a constant state of flux and appraisals have a limited useful life.
Therefore, the parties agree and understand that this maximum reimbursement amount may be
insufficient to prepare real estate appraisals and to complete preliminary designs, consequently,
to fully reimburse the City for its actual costs incurred, in the event it appears this budget
amount will be insufficient to complete the work authorized under this Agreement, the parties
agree to negotiate in good faith to amend the Project budget or redefine the Project as the
parties mutually agree is necessary. In such an event, the City's Mayor and the District's
Executive Director are authorized to execute an amendment to this Agreement to amend the
Project budget or redefine the Project up to an additional amount of $100,000. Any
increases beyond this amount will require an amendment to this Agreement and may require
additional approval of the Kent City Council and the King County Flood Control District's
Board of Supervisors.
b. Reimbursement requests for City Costs incurred in accordance with
this Agreement may be submitted by the City on a no more frequent basis than once a month.
The request shall be in a form and shall contain information and data as required by the
District. Upon receipt of a request for reimbursement, the District may request the City to
provide a status or progress report concerning all acquisitions of Real Property that are not
the subject of the request. The District may delay payment until receipt of this report.
c. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete such
review and pay the reimbursement within forty-five (45) days of receipt of a request.
d. The District may postpone review of a City request for
reimbursement where all or any part of the request is inaccurate or incomplete. The District
shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of
the request. The City shall provide all additional information or data within thirty (30) days of
4.B.a
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the District's request for such additional information or data. If the request is still inaccurate
or incomplete in the reasonable opinion of the District, the dispute shall be resolved in
accordance with Section 10 of this Agreement. After resolution of the dispute, the District
shall provide reimbursement as provided in this Section.
e. The District may also postpone payment of any portion of a request
for reimbursement where the City is delinquent in the submittal, preparation, or completion of
any document, work, or services required by this Agreement and related to the Real Property
that is the subject of the request for reimbursement.
f. This section pertains to information the City may need to submit to the
District with its reimbursement request for processing. However, nothing in this Section shall
be interpreted as releasing the District from any obligation to pay the actual costs or expenses
incurred by the City in appraising the Real Property or preparing preliminary designs
when that cost or expense was approved by the District or as otherwise authorized by this
Agreement.
7. Third Parties: This Agreement and any activities authorized hereunder shall not
be construed as granting any rights or privileges to any third person or entity, or as a guarantee
or warranty of protection from flooding or flood damage to any person , entity or property,
and nothing contained herein shall be construed as waiving any immunity to liability to the
City, the District or King County, granted under state statute, including Chapters 86.12 and
86.15 RCW, or as otherwise granted or provided for by law.
8. Liens and Encumbrances: The City acknowledges and agrees that it will not
cause or allow any lien or encumbrance arising from or related to this Agreement to be placed
upon the real property interests of King County or the District. If such lien or encumbrance is
so placed, King County or the District shall have the right to remove such lien and charge the
costs of such removal to the City. If there are pre-existing encumbrances which are required to
be removed by the City in order to construct the Project, the costs will be reimbursable by
the District as described in this Agreement.
9. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officials, employees,
principals and agents, from any and all claims, demands, suits, actions, fines, penalties and
liability of any kind, including injuries to persons or damages to property , arising out of or
relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors,
agents, employees and representatives in performing these obligations under this Agreement,
unless such damages and injuries to persons or property are caused by or result from the sole
negligence or willful misconduct of the District or its contractors, employees, agents, or
representatives, or the City or its contractor or employees, agents, or representatives. Each
Party's obligation hereunder applies only to the extent of the negligence of such Party or its
4.B.a
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contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver
of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other
Party only, and only to the extent necessary to provide the indemnified Party with a full and
complete indemnity of claims made by the indemnitor's employees. This waiver has been
mutually negotiated.
10. Insurance: Each Party recognizes that the other is self-insured and accepts
such coverage for liability arising under this Agreement. Should any Party choose not to self-
insure, that Party shall maintain and keep in full force and effect a policy of general liability
insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with
an additional excess liability policy of not less than Ten Million Dollars ($10,000,000)
and will provide the other Party with a certificate of insurance and additional insured
endorsement that will name the other Party as an additional insured.
11. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for in
Section 3 above, submittal of all relevant information and data to an independent Certified
Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a
non-binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the
Parties may mutually select any informal means of resolution and ultimately seek resolution
within the Superior Court for King County, Washington.
c. Each Party will be responsible for its own costs and attorney's fees in
connection with the dispute resolution provisions of this Section.
12. Entire Agreement: Amendment. This Agreement represents a full recitation of
the rights and responsibilities of the Parties and may be modified only in writing and upon
the consent of both Parties.
13. Binding Nature. The rights and responsibilities contained in this Agreement
shall inure to the benefit of and are binding upon the Parties and their respective successors
in interest and assigns.
4.B.a
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14. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be
in writing and shall be validly given or made to the other Party if delivered either
personally or by Federal Express or other overnight delivery service of recognized standing,
or if deposited in the United States Mail, certified, registered, or express mail with postage
prepaid, or if sent by electronic mail. If such notice is personally delivered, it shall be
conclusively deemed given at the time of such delivery. If such notice is delivered by
Federal Express or other overnight delivery service of recognized standing, it shall be
deemed given one (1) business day after the deposit thereof with such delivery service. If
such notice is mailed as provided herein, such shall be deemed given three (3) business
days after the deposit thereof in the United States Mail. If such notice is sent by electronic
mail, it shall be deemed given at the time of the sender's transmission of the electronic mail
communication, unless the sender receives a response that the electronic mail message was
undeliverable. Each such notice shall be deemed given only if properly addressed to the
Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works
Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
To District: Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Either Party may change its address for the purpose of receiving notices as herein provided
by a written notice given in the manner aforesaid to the other Party.
15. Severability. If any provisions of this Agreement or its application are held
invalid, the remainder shall not be affected.
16. Authority. The undersigned warrant that they have the authority duly
granted by their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall
become effective on the last date signed below.
4.B.a
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Page 8 of 8
CITY OF KENT
By: ____________________________
Dana Ralph
Its: Mayor
DATE:_________________________________
APPROVED AS TO FORM:
By: ___________________________________
City Attorney
KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: ___________________________________
Reagan Dunn
Its: Board Chair
DATE:_________________________________
APPROVED AS TO FORM:
By: ___________________________________
District Attorney
4.B.a
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Downey Farmstead Channel Restoration Project
SUMMARY: To date, work completed on the Downey Farmstead Side Channel
project has included relocating utilities, clearing and grubbing of the site,
excavation of roughly 110,000 cubic yards of material, relocation of 2,100 linear
feet of Frager Road and construction of a pedestrian/cyclist trail. This work was
completed using over $3.3 Million in grant funds received from the Salmon
Recovery Funding Board, King Conservation District, King County Cooperative
Watershed Management program, King County Waterworks grant, King County
Flood Control District and King County Levy Funds.
There is still work left to complete including: removal of another 100,000 cubic
yards of material, planting of over 30,000 native plants, and placement of 52 large-
wood habitat structures.
Staff is planning to apply for funding from grants in 2020, including Floodplains by
Design, the Puget Sound Acquisition and Restoration Fund/Salmon Recovery
Funding Board and the Department of Ecology Streamflow Restoration Grant. Staff
will present grants successfully awarded to the City to Council for approval, as
required by Ch. 3.70 KCC.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Innovative Community, Sustainable Services
4.C
Packet Pg. 27
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Transportation Master Plan - Multimodal
Transportation Network
SUMMARY: The City of Kent Transportation Master Plan will take a layered
transportation network approach to focus on how the City’s transportation network
can function as a system to meet the needs of all users. This multimodal approach
is supported by the 5 goals adopted by Council for the TMP update. While the City
aims to develop “complete streets,” that address the needs of all users, it is often
challenging to meet the demands of all modes. The City’s layered network is
designed to create a high-quality experience for users. This approach allows for
certain streets to emphasize specific modes or user types, while discouraging
incompatible uses. For example, a downtown street may be planned to provide a
pleasant experience for shoppers, recreational bicyclists and people wishing to park
on the street, while discouraging use by “cut-through” traffic and regional trucking.
The project team has identified the priority transportation network for each mode:
pedestrians, bicyclists, busses, vehicles, and freight.
These priority networks were developed through collaboration with staff from
Economic and Community Development, Parks and Public Works and with members
of the Kent Bicycle Advisory Board. In addition, the Transportation Advisory Board
members were briefed on the freight, bicycle and pedestrian priority networks.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Sustainable Services
4.D
Packet Pg. 28
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Transportation Master Plan Prioritizing Projects
and Updated Performance Metrics
SUMMARY:
The Transportation Master Plan (TMP) will detail a prioritized 20-year project list. Currently,
projects are being developed from four sources.
Projects will be prioritized using performance metrics developed from the 5 transportation
goals adopted by Council. Staff from Economic and Community Development, Parks and
Public Works have been meeting since October to discuss potential performance metrics that
will be used to implement the 5 adopted goals. Twenty preliminary performance metrics were
developed through this collaborative effort. These preliminary metrics were then reviewed
and edited by the Directors and Deputy Directors of Economic and Community Development,
Parks and Public Works.
The edited preliminary performance metrics were presented for discussion and comment at
the January 16th Transportation Advisory Board (TAB) meeting. The TAB membership consists
of 27 members (12 Kent residents, 5 Kent staff, 4 representatives from City of Kent
Boards/Commissions, and 6 stakeholders). The TAB reviewed the preliminary performance
metrics and provided feedback. The performance metrics were revised based on the TAB’s
feedback and will be presented to the Council.
4.E
Packet Pg. 29
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Quiet Zone Update
SUMMARY:
Union Pacific Railroad
Minor corrections to the Quiet Zone Diagnostic report have been made at the
suggestion of the Federal Rail Administration. These corrections have been sent to
the members of the diagnostic team for comment.
We will be establishing the UPRR quiet zone through local authority per federal law.
Approval from the Federal Railroad Administration is not required through this
method. The next step is to submit the grade crossing modification petitions to the
Washington Utilities and Transportation Commission (UTC). The railroad has the
opportunity to challenge the crossing modifications. If UPRR challenges the crossing
modifications the petition goes to a hearing which can take 12 to 15 months to
complete.
If the UTC crossing modification petitions are successful, the crossing modifications
will be constructed through a construction contract. Following the completion of
construction contract, the quiet zone can be established 60 days after we send out
a notification of quiet zone establishment.
BNSF Railway
On January 21, 2020 the Federal Railroad Administration approved our request to
establish a quiet zone on the BNSF mainline. The application was submitted on April
3, 2019. We were pleasantly surprised with the eight-month review. Their review
time has typically been about 12 months for Quiet Zone applications.
The FRA approval is not the final step in gaining approval to establish a quiet zone
on BNSF. As with the UPRR quiet zone, the proposed changes to the crossings need
to be approved through the UTC. The next step is to submit petitions to modify
each crossing to the UTC. If BNSF challenges the crossing modification petitions
there will be a hearing which can take 12 to 15 months to complete.
If the UTC crossing modification petitions are successful, the crossing modifications
will be constructed through a construction contract. Following the completion of
construction contract, the quiet zone can be established 60 days after we send out
a notification of quiet zone establishment.
4.F
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ATTACHMENTS:
1. QZ Timeline Spreadsheet (PDF)
4.F
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UPRR
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FRA Train Horn Rule Issued
Quiet Zone First Presented to City Council
FRA Train Horn Rule Amended
Council Funds $300k for QZ
Council Funds $2.7M for QZ
Diagnostic Report
Wayside Horn Demonstration
NOI Prepration
NOI Comment Period
Updated: October 20, 2019 Completed Duration: Estimated Duration:
1 June 21, 2019: Updated WSDOT time for maintenance agreement
FRA Train Horn Rule -
Diagnostic Report -
Wayside Horn -
NOI -
UTC -
NOE -
10 mo
60 days
60 days
Minimum Realistic
The Notice of Quiet Zone Establishment. A formal document stating that the that a public authority will be establishing a quiet zone. This notice is required to be sent by the local
authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for highway
road safety. We have agreed to a 60-day NOE so the railroads have time to make changes to their practices.
49 CFR Parts 222 and 229, Use of Locomotive Horns at Highway-Rail Grade Crossings; Final Rule. Provides the requirements for a public authority to establish and maintain a quiet
zone. First enacted in April 2005 and amended in April 2006.
A diagnostic report is generated after a diagnostic review of all of the crossings in a potential quiet zone. The diagnostic team consists of the public authority proposing the quiet
zone (Kent), the railroad being crossed, the state agency responsible for grade crossing safety (Washington State Utilities and Transportation Commission), and other interested
parties. Diagnostic reports prior to 2017 are shown as one month duration on the month the diagnostic team reviewed the crossings.
A device that is permanently located at an at-grade railroad crossing that sounds a warning when a train is approaching. This replaces the horn on the train and has a lower noise
impact on the community since it is directed along the streets that cross the railroad tracks.
The Notice of Intent to establish a quiet zone. A formal document stating that the that a public authority is proposing to establish a quiet zone. This notice is required to be sent by
the local authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for
The Washington State Utilities and Transportation Commission.
3 mo
15 mo
8 mo
Agreement with WSDOT for Willis crossing or access
classification change 1
Petition UTC for grade crossing modifications
Prepare construction documents and construct
grade crossing improvements
Send Notice of Establishment (NOE)
Quiet zone established
4.F.a
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FRA Train Horn Rule Issued
Quiet Zone First Presented to City Council
FRA Train Horn Rule Amended
Council Funds $300k for QZ
Council Funds $2.7M for QZ
Diagnostic Report
Wayside Horn Demonstration
NOI Prepration
NOI Comment Period
FRA Application Development
60 days
60 days
Updated: October 30, 2019 Completed Duration: Estimated Duration:
2 June 21, 2019: Updated timeline for FRA approval based on La Grande, OR's experience
3 July 25, 2019: Updated timeline for FRA approval based on information from the FRA
4 February 11, 2020: The FRA approved our application to establish a quiet zone on January 21, 2020
FRA Train Horn Rule -
Diagnostic Report -
Wayside Horn -
NOI -
UTC -
NOE - The Notice of Quiet Zone Establishment. A formal document stating that the that a public authority will be establishing a quiet zone. This notice is required to be sent by the local
authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for highway
road safety. We have agreed to a 60-day NOE so the railroads have time to make changes to their practices.
49 CFR Parts 222 and 229, Use of Locomotive Horns at Highway-Rail Grade Crossings; Final Rule. Provides the requirements for a public authority to establish and maintain a quiet
zone. First enacted in April 2005 and amended in April 2006.
A diagnostic report is generated after a diagnostic review of all of the crossings in a potential quiet zone. The diagnostic team consists of the public authority proposing the quiet
zone (Kent), the railroad being crossed, the state agency responsible for grade crossing safety (Washington State Utilities and Transportation Commission), and other interested
parties. Diagnostic reports prior to 2017 are shown as one month duration on the month the diagnostic team reviewed the crossings.
A device that is permanently located at an at-grade railroad crossing that sounds a warning when a train is approaching. This replaces the horn on the train and has a lower noise
impact on the community since it is directed along the streets that cross the railroad tracks.
The Notice of Intent to establish a quiet zone. A formal document stating that the that a public authority is proposing to establish a quiet zone. This notice is required to be sent by
the local authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for
highway road safety.
The Washington State Utilities and Transportation Commission.
3 mo
8 mo
15 mo
12 mo
FRA Reviews Application 2,3, 4
Minimum Realistic
Quiet zone established
Petition UTC for grade crossing modifications
Prepare construction documents and construct
grade crossing improvements
Send Notice of Establishment (NOE)
4.F.a
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: Approve the Payment of Bills
SUMMARY:
4.G
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: February 11, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments
between December 1, 2019 and December 31, 2019 - Adopt
MOTION: Adopt Ordinance No. 4354, approving the consolidating budget
adjustment ordinance for adjustments made between December 1, 2019
and December 31, 2019, reflecting an overall budget increase of $106,010.
SUMMARY: This ordinance authorizes the technical gross budget adjustments
reflecting an overall budget increase of $106,010.
Adjustments totaling $106,010 have previously been approved by Council and are
summarized as follows:
• $106,010 to establish the budget for a Commute Trip Reduction grant received
from the Washington State Department of Transportation.
• $520,000 increase to Parks capital offset by a $520,000 decrease to Water
Utility capital for the transfer of the former Kronisch property from Parks to
Public Work’s water utility for the new West Hill Reservoir.
BUDGET IMPACT: These expenditures are funded by grants, existing fund balance
or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government, Sustainable Services
ATTACHMENTS:
1. Budget Adjustment Ordinance (PDF)
4.H
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1 2019-2020 Budget Adjustment
December 1, 2019 to December 31, 2019
ORDINANCE NO. 4354
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
December 1, 2019 and December 31, 2019,
reflecting an overall budget increase of $106,010.
RECITALS
A. Expenditures as classified in the final, adopted budget
constitute the city’s appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
agreements and additional budget requests coming through Council
committees. These modifications are periodically consolidated into a
supplemental budget adjustment ordinance amending the original adopted
budget.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2019-2020 biennial
budget is amended to include budget fund adjustments from December 1,
2019 to December 31, 2019, as summarized and set forth in Exhibit A,
which is attached and incorporated into this ordinance. Except as
4.H.a
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2 2019-2020 Budget Adjustment
December 1, 2019 to December 31, 2019
amended by this ordinance, all terms and provisions of the 2019-2020
biennial budget Ordinance No. 4296, as amended by Ordinance Nos. 4324
4330, 4343, 4344, and 4351 shall remain unchanged.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force five days after publication, as provided by law.
February 18, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
February 18, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
February 21, 2020
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.H.a
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Fund Title Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
Street Fund 106,010 - 106,010
Parks Capital Projects 520,000 - 520,000
Water Utility Fund (520,000) - (520,000)
Total 106,010 - 106,010
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments from December 1, 2019 to December 31, 2019
4.H.a
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Approval
Date or
Other Fund
Previously
Approved by
Council
Not Previously
Approved by
Council
Total
Adjustment
Ordinance
Street Fund
Establish Commute Trip Reduction Grant 11/19/2019 106,010 106,010
Total General Fund 106,010 - 106,010
Parks Capital Projects
Establish budget to spend funds received from the
transfer of former "Kronisch Property" 11/19/2019 520,000 520,000
Total Parks Capital Projects 520,000 - 520,000
Water Utility Fund
Reduction of expenses to transfer funds to Parks for
the transfer of former "Kronisch Property"11/19/2019 (520,000) (520,000)
Total Water Utility Fund (520,000) - (520,000)
Grand Total All Funds 106,010 - 106,010
Budget Adjustment Detail for Budget Changes
December 1, 2019 to December 31, 2019
4.H.a
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