PORT OF SEATTLE

MEMORANDUM

COMMISSION AGENDA

Item No.

ACTION ITEM Date of Meeting

January 25, 2011

DATE: January 19, 2011

TO: Tay Yoshitani, Chief Executive Officer

FROM: Lindsay Pulsifer, General Manager, Marine Maintenance

Gary Lee, Marine Facilities Maintenance Manager

SUBJECT: Memorandum of Agreement and Temporary Construction Easement for

City of Seattle access through Elliott Bay Park

ACTION REQUESTED: Request Port Commission authorization for the Chief

Executive Officer to execute (i) a Temporary Construction Easement (TCE) granting the

City of Seattle the right to use portions of Elliott Bay Park during the construction of its

West Thomas Street Overpass Project for an estimated ten months beginning in April,

2011 and (ii) a Memorandum of Agreement with the City of Seattle providing for certain

improvements to Elliott Bay Park as consideration for the Port granting the Temporary

Construction Easement. The cash value of the TCE is estimated at approximately

$120,000, and the cost of the park improvements to be provided by the City of Seattle is

estimated at $150,000 to $200,000.

BACKGROUND: In 2004, a plan was conceived to improve pedestrian and bicycle

access points into the City-owned Myrtle Edwards Park. The Seattle Department of

Parks and Recreation proposed and received City Council approval to construct an

overpass for pedestrians and cyclists from the Lower Queen Anne and Belltown area to

Myrtle Edwards Park at West Thomas Street. Completion of the structure will greatly

enhance access into Myrtle Edwards Park as well as the Port’s Elliott Bay Park.

In order to construct the Project, the City requires access for trucks and other construction

equipment through the Port-owned Elliott Bay Park. The access requested by the City

will close the bicycle path along the east side of Elliott Bay Park during the City’s

construction period. The City will provide a temporary path adjacent to the existing west

trail to accommodate both bicycles and pedestrians. A Temporary Construction

Easement in this circumstance requires Commission approval.

The City has agreed to several conditions to protect the Port and the public during

construction, including the full restoration of the bicycle path and repair of any damage to

the park. The conditions include:

COMMISSION AGENDA

Tay Yoshitani, Chief Executive Officer

January 19, 2011

Page 2 of 3

 Provide schedule of work to Port for review and approval.

 Reimburse the Port for all damages to Port property.

 Be responsible for all repairs and restoration work to the Port property.

 Be responsible for all signage and temporary traffic revisions in the park and to

submit plans to Port for review and comment.

 Pay for a park survey by a firm approved by the Port before and after construction to

assess the damage and scope damage to the asphalt, irrigation, and landscape.

In lieu of paying the Port for the use of the Elliott Bay Park area, the City has further

agreed to pay for a number of improvements to the park, including replacement of trees

causing damage to the pathways, replacement of park benches and picnic tables, asphalt

repairs to the pedestrian and bike paths, repainting the park restrooms and restriping the

entire bike path. Cost of these improvements is estimated at $150,000 to $200,000,

significantly more than the fee the Port would have received in cash compensation for the

City’s use of the Temporary Construction Easement (approximately $120,000). No Port

funds will be utilized.

PROJECT JUSTIFICATION: Approval of this easement will enable the City to

construct the West Thomas Street Overpass Bridge in a timely manner and reduce the

risks to the public from hazards during its construction. Public access to the waterfront,

including the Port’s park, will be improved.

FINANCIAL IMPLICATIONS: The Port will receive an estimated $150,000 -

$200,000 in improvements to Elliott Bay Park, in addition to restoring the bike path and

repairing any damage due to construction. These include costly asphalt repairs, painting,

removal of asphalt-damaging Poplar trees, and the purchase of new benches and picnic

tables. The maintenance costs will be reduced for that location and utilized for other park

maintenance projects.

STRATEGIC OBJECTIVES:

Community

Elliott Bay Park is the Port’s largest and most popular park. The public will enjoy

improved access to the entire waterfront park area, and the City-funded improvements

will repair existing maintenance items.

ENVIRONMENTAL SUSTAINABILITY AND COMMUNITY BENEFITS:

The City shall obtain the responsible environmental permit(s) in compliance with all

Federal, State and local laws and ordinances in order to construct the proposed new

pedestrian overpass as well as for the improvements in Elliott Bay Park.

Port park grounds and facilities will be repaired and improved.

COMMISSION AGENDA

Tay Yoshitani, Chief Executive Officer

January 19, 2011

Page 3 of 3

ALTERNATIVES CONSIDERED AND THEIR IMPLICATIONS:

 Grant the City of Seattle a Temporary Construction Easement. The existing park bike

path will be used as the construction access route. Bike traffic will be detoured on to

the existing pedestrian pathway and a temporary four-foot wide walk path will be

installed for pedestrian traffic. This is the recommended alternative.

 Deny the Temporary Construction Easement to the City. All construction vehicles

would enter through the south entrance near Broad Street at the entrance to the

Olympic Sculpture Park. This would likely result in heavy traffic congestion at the

entrance and potential construction delays. Risks to pedestrians and bike traffic

would be higher due to the narrow drive way and pinch points around the Olympic

Sculpture Park. Other routes were explored but found not feasible. This alternate is

not recommended.

OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST:

 Memorandum of Agreement

 Temporary Construction Easement

 Map of proposed easement route