city of tacoma
File #: RES-38638    Version: 1 Name: BNSF Railway Company
Type: Resolution Status: Adopted
File created: 3/5/2013 In control: City Council
On agenda: 3/5/2013 Final action: 3/5/2013
Title: Resolution No. 38638
Attachments: 1. RES-38638.pdf
Related files: RES39201, RES39190, RES39646
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Req.#13486 RESOLUTION NO. 1 A RESOLUTION relating to real property; authorizing the execution of a Real 2 Estate Donation Agreement for the purpose of creating a non-motorized trail link along the Prairie Line railroad right-of-way in the downtown 3 area of Tacoma and an Exchange Agreement memorializing the reciprocal grant of various easements, both with the BNSF Railway 4 Company. 5 WHEREAS the Prairie Line railroad right-of-way, owned by BNSF Railway |1013| Company ("BNSF"), traverses downtown Tacoma between approximately |1013| South 15th and South 26th Streets, and |1013| 9 WHEREAS, given its unique and strategic location, the Prairie Line right-of- 10 way provides an opportunity to further enhance the downtown area by enabling a 1 1non-motorized trail link connecting Dock Street and Thea Foss Waterway, the 12 University of Washington-Tacoma, downtown amenities, and a future opportunity to 1 3 14 tie into the Water Ditch Trail along South Tacoma Way, and 1 5 WHEREAS, once fully funded and constructed, the trail will be a source of 16 enjoyment and improved mobility for years to come, and 1 7 WHEREAS under the Real Estate Donation Agreement, BNSF will donate to 18 the City a strip of property, generally 20-feet wide, located within the Prairie Line 19 20 (Hood Street) right-of-way, approximately between South 15th and South 26th 21 Streets; and will convey to the City an 80-foot wide right-of-way between 22 South 23rd and South 25th Streets, and at street intersections, and 23 WHEREAS, under the Exchange Agreement, the City will permanently close 24 the street crossing of BNSF's right-of-way in the area commonly referred to as 25 "A" Street in the vicinity of East 22nd and Dock Streets, and BNSF will authorize 26 Res13486.doc-JHC/bn 40 construction of a future pedestrian overpass in a mutually agreed-upon location between "A" and East "D" Streets, and |1013| WHEREAS BNSF has obtained final approval from the U.S. Surface |1013| 4 Transportation Board ("STB") to cease rail operations and abandon and convey the 5 Prairie Line property, which line is now abandoned; Now, Therefore, 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA: 7 That the proper officers of the City of Tacoma are hereby authorized to enter |1013| into the Real Estate Donation Agreement and Exchange Agreement with BNSF |10 13| 10 Railway Company for the purposes hereinabove enumerated, said documents to be 1 1 substantially in the form of the proposed agreements on file in the office of the City 12 Clerk. 13 Adopted MAR 5 2013 14 1 5 Mayor 16 Attest: 1 7 1 8 1 9 City Clerk 20 Approved as to form: 21 22 DeputyAitMtorney 23 24 25 26 1i Res13486.doc-JHC/bn CITY CLERK USE ONLY REQUEST FOR Request Tacoma FJORDINANCE MRES0LUTRffC,--JVfZr 1. DATE: February 6, 2013 2. SPONSORED BY: COUNCIL MEMBER(s) N/A CITY CLERK'S OFFff 3a. REQUESTING 4a. CONTACT (for questions): PHONE: DEPARTMENT/DIVISIONTROGRAM Martha Anderson 253-591-5207 Community & Economic Development 3b. "Do PASS" FROM F_@ Yes 4b. Person Presenting: PHONE: F-1 No Martha Anderson 253-591-5207 F@ To Committee as information only Z Did not go before a Committee 3c. DID THIS ITEM GO BEFORE THE PUBLIC UTILITY BOARD? 4c. ATTORNEY: PHONE: F-1 Yes, on Jeff Capell 253-591-563 Z Notg ouired N/A D@eparftn@ent Dhl%lty Division Budget Officer/Finance Director 5. REQUESTED COUNCIL DATE: March 5, 2013 (If a specific council meeting date is required, explain why; i.e., grant application deadline, contract expiration date, required contract execution date, public notice or hearing required, etc.) 6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.) Authorizing approval of the Donation Agreement and the Exchange Agreement between the City of Tacoma and the BNSF Railway Company. 7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal requirements? What are the viable alternatives? Who has been involved in the process?) The Prairie Line railroad right-of-way, owned by BNSF Railway, traverses downtown Tacoma between approximately S. 26h St and S. 15'h St. Given its unique and strategic location, the Prairie Line right-of- way provides a opportunity to further enhance the downtown by enabling a non-motorized trail link connecting Dock St. and Thea Foss Waterway, the University of Washington-Tacoma, downtown amenities, and a future opportunity to tie into the Water Ditch Trail along South Tacoma Way. Once fully funded and constructed, this Trail will be a source of enjoyment and improved mobility for years to come. Under the Real Estate Donation Agreement, BNSF will donate to the City a strip of property, generally 20 feet wide, located within the Prairie Line (Hood Street) right-of-way (map attached), between S. 15th St. and approximately S. 26th Street. BNSF will convey to the City, a 80'wide right of way between S. 23rd and S. 25th Streets and at street intersections. Under the Exchange Agreement the City will permanently close the crossing of BNSF's right of way on "A" Street and at E. 22nd Street at Dock Street. BNSF will authori ze expansion of an existing bridge structure at S. 15th St. and will authorize construction of a future pedestrian overpass in a mutually agreed location between "A" and "East V Streets. BNSF and the City agree to explore potential future exchanges of BNSF remnant properties to be used by the City for streetscape and other park-like amenities in the vicinity of S. 17th St. and Hood St. and Pacific Avenue BNSF has obtained final approval from the U.S. Surface Transportation Board ("STB") to cease rail operations and abandon and convey the Prairie Line Property. The line is now effectively abandoned. d2 CITY CLERK USE ONLY REQUEST (CONT) Request Ord/Res (0:6 3 8 8. LISTALLMATERIALAVAILABLEASBACKUPINFORMATtONFORTHEREQUESTANDINDICATEWHEREFILED: Source Documents/Backup Material Location of Document Exchange Agreement City Clerk's Office Real Estate Donation Agreement City Clerk's Office 9. WHICHOFTHECITY'SSTRATEGicGOALsDOEsTHISITEMSUPPORT?(CHECKTHEGOALTHATBESTAPPLIES) A. A SAFE, CLEAN AND ATTRACTIVE COMMUNITY B. A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY C. A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT 10. SUSTAINABILITY: IN WHAT WAYS HAVE YOU CONSIDERED THE CITY'S SUSTAINABILITY PRIORITIES? Environment: How does this decision impact regional and local ecological well-being? The regional development plan, VISION 2040, addresses its ecological well-being goals by seeking to focus new growth in "regional Growth centers" and in "Regional Manufacturing/Industrial Centers", rather than allowing it to sprawl across agricultural, forest lands, and critical areas. This proposal advances this initiative by facilitating the reuse of existing industrial lands, lands originally developed for railroad purposes and centrally located in the Tacoma Downtown Regional Growth Center. Equity: How does this decision promote meeting basic needs and equitable access to opportunities for all city residents? This Proposal is central to the City's Downtown redevelopment strategy: it provides an opportunity for a future bike and pedestrian trail that will link key housing, commercial, and educational sites and thereby encourage new strategic investments. Its non-motorized focus and links to existing transit opportunities will promote equitable access to opportunities for all City residents. Culture: How does this decision impact culture (arts, innovation, heritage, and recreation) and quality of life for all citizens? This proposal ties together existing and proposed cultural and educational facilities and provides a coordinated approach to improving the quality of life for all citizens, particularly those living and working Downtown. Economy: How does this decision impact the local economy? What are the significant financial costsibenefits? This proposal will facilitate the development of new housing, educational, job opportunities in Downtown Tacoma. The site development costs are anticipated to be grant funded and the benefits will be to the tax base and local employment. 43 CITY CLERK USE ONLY REQUEST (CONT) Request 13 yX0 'r.8638 Ord/Res 11. IFTHISCONTRACTISFORANAMOUNTOF$200,OOOORLESS,EXPLAINWHYITNEEDSLEGISLATIVEAPPROVAL: Not applicable. 12. FINANCIAL IMPACT: E-1 EXPENDITURE F] REVENUE A. El No IMPACT (NO FISCAL NOTE) B. D YES, OVER $ 1 00,000, Fiscal Note Attached C. 0 YES, UNDER $ 1 00,000, (NO FISCAL NOTE) Provide funding source information below: FUNDING SOURCE: (Enter amount of funding from each source) Fund Number & Name: State $ city $ Other $ Total Amount If an expenditure, is it budgeted? El Yes El No Where? Cost Center: Acct 44 I @S S 3 8 'T, B `-14TH Legend Prairie Line (Tacoma) all Prairie Line (UWT) ,1,11,@ IV Easement Area 0 Ilk p Closure Area -%INBORN- R- jr, VW q air j J, VAR 4 W J "'Z @4, -A, 7 zy ,19TH -A. @'UW Tacoma.' 4@ U-1 'T Z @4, U A F J0 4 1 M 4 4 A1,11 FT !'Stan v,,, U >< 11v La U T H u @24 M, T7 U I 4 4- zj ff -A, 7i @16T 4 ,10 v ;,k @!L@ . ..... *71 27,TH' VM H;@ Prairie Line City of Tacoma This drawing is neither a LegaRy recorded map nor a 0 0.055 0.11 survey and is not intended to be used as one. It is miles Tacoma to be used for reference purposes onty. File Name: \\geobase-win\ced\GADS\R2012\R320\PraideLine Trail.mxd 4 5 Author:CityofTacomalCommunity&EconomicDevelopmentDepartmentI GISAnalysis& DataServices Date: January 28, 2013 Resolution No. 6 38 Adopted: MAR 5 2013 Maker of Motion: Seconded: Voice Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Boe .7 Mr. Campbell VI" Mr. Ibsen Mr. Lonergan Mr. Mello Mr. Thorns Ms. Walker Ms. Woodards Mayor Strickland Roll Call Vote: MEMBERS AYES NAYS ABSTAIN ABSENT- Mr. Boe Mr. Campbell Mr. Ibsen Mr. Lonergan Mr. Mello Mr. Thoms Ms. Walker Ms. Woodards Mayor Strickland MccagenMagenda procedures and formslresolutionvotingrecorddoc