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AN ORDINANCE authorizing the executive to execute an amendment to extend an existing agreement between King County and BNSF Railway.
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STATEMENT OF FACTS:
1. The King County department of natural resources and parks entered into a twenty-five-year Agreement for Private Crossing with BNSF Railway on April 15, 2004, to allow for construction access for a habitat restoration project at the Auburn Narrows Natural Area.
2. The agreement was amended on November 10, 2005, to allow for ongoing maintenance and restoration activities at the site.
3. The King County department of natural resources and parks, water and land resources division, is planning a new habitat restoration project at Auburn Narrows Natural Area. The timing and duration of the project construction and subsequent maintenance necessitate an extension of the existing agreement, which would otherwise expire on April 15, 2029, by ten years to 2039.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County executive or designee is hereby authorized to execute a supplemental agreement to amend the existing Agreement for Private Access with BNSF Railway to 2039, substantially in the form of Attachment A to this ordinance, and to take all actions necessary to implement the terms of the amended agreement.