HomeMy WebLinkAbout50331
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ORDINANCE NO. 5 0 3 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
RIGHT-OF-WAY AGREEMENT WITH BRUCE D. ALVERSON AND JILL B.
ALVERSON, HEREINAFTER REFERRED TO AS THE "PERMITTEE" FOR
CONDITIONED USE OF THE ALLEY RIGHT-OF-WAY AS DESCRIBED IN
EXHIBIT "~.
WHEREAS, to be in compliance with SEP0020-96 the
Permittee needs to utilize the City parking lot and alley
right-of-way as described in Exhibit "A' which is attached
hereto and incorporated herein by this reference to satisfy
the parking requirements of a new restaurant; and
WHEREAS, the Permittee desires to provide the necessary
mitigation in order to obtain the right to develop the
additional 14 parking stalls within the alley right-of-way and
the city parking lot; and
WHEREAS, the City is in process of conducting a study of
the Downtown area to update the Downtown Plan which is
anticipated to be completed by Spring of 1998; and
WHEREAS, it is expected that the Downtown Plan update
will provide the concepts for designing public infrastructure
in the alley and on "~' Street SW to include the .desirability
and feasibility of undergrounding power lines; and
WHEREAS, until completion of the Downtown Plan update it
is prudent for both the City and the Permittee to delay
Ordinance NO. 5033
November 20, 1997
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in the alley and on UA" Street SW to include the desirability
and feasibility of undergrounding power lines; and
WHEREAS, until completion of the Downtown Plan update it
is prudent for both the City and the Permittee to delay
certain permanent improvements with the recognition that
concepts and standards may change; and
at
WHEREAS, the Permittee is willing to design and construct
his expense certain minimal interim improvements in order
to assure the permitted use of public property provides a safe
and secure environment and for the duration of this agreement
indemnify and hold harmless the City from and against any
loss, cost, damage or expense of any kind and nature arisin~
out of injury to person or damage to property in any manner;
and
WHEREAS, the Permittee is willing to enter into a no
protest Street Delay Agreement to participate in his pro-rata
share of public improvements at such time in the future that
the City determines such deferred improvements are needed; and
Ordinance No. 5033
November 20, 1997
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WHEREAS, the City has determined that participation in
certain public infrastructure improvements now as specified in
the agreement is in its best interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS.
~ The City Council directs that tlhe Right-of-
way Use Agreement as described in Exhibit "A", as previously
incorporated herein, be granted subject to satisfaction of the
terms specified in Exhibit
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 3 This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
Ordinance NO. 5033
November 20, 1997
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ATTEST:
Danielle E. Daskam,
Acting City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance NO. 5033
November 20, 1997
Page 4
INTRODUCED:
PASSED:
APPROVED:
JaD~ary 5, ].998
JaD,~ary_ 5. ].9~
January 5, 1998
CHARLES A. BOOTH
MAYOR
EXHIBIT A
RIGHT-OF-WAY USE AGREEMENT
PERMIT/APPLICATION NO. 27-97
CITY OF AUBURN PUBLIC WORKS DEPARTMENT
SECTION I
PURPOSE
The primary purpose of entering into this Agreement is to provide satisfaction of the
parking requirements of the development of the private property known as Sun Break Cafe located
at 22 "A" Street SW (Parcel #781570-0120) in accordance with the mitigation requirements of
SEP0020-96 and to secure the eventual development of the alley right-of-way described herein to a
permanent design standard at a later date consistent with the updated version of the City's
Downtown Plan.
SECTION II
SPECIAL PROVISIONS
The following special provisions are required as conditions for the granting of this Right-of-
way Agreement.
A. INSURANCE.
BRUCE D. ALVERSON and JILL V. ALVERSON, Owner, and the PERM[TTEE in this
Agreement, shall obtain Commercial General Liability Insurance from a responsible insurance
company naming the City of Aubum and its officials, employees and agents as additional insureds
and insuring against all claims for personal injury, death and property damage, arising out of the
use by BRUCE D. ALVERSON and JILL V. ALVERSON of the City Right-of-way described in
Right-of-way Use Permit/Application No. 27-97 with limits of not less than Two Million Dollars in
aggregate and One Million Dollars per person and One Million Dollars per accident. BRUCE D.
ALVERSON and JILL V. ALVERSON shall be required to file a copy of the liability insurance
policies along with the additional insured endorsement or certified copies of same together with the
evidence of premium payments. The liability insurance policies shall be required only during the
duration of Right-of-way use Permit No. 27-97 and shall terminate upon release: by the City
Engineer when the improvements specified in the Project Improvement Rcquirements have been
completed to the City's satisfaction, including a Bill of Sale for public improvements. If BRUCE
D. ALVERSON and JILL V. ALVERSON fails to maintain the liability insurance policies required
herein, Right-of-way Use Permit No. 27-97 shall immediately lapse and be of no force and effect.
In that event, the application process for a right-of-way use permit must be initiated again and be
subject to the entire application/permit process.
The language contained in the policies for the additional insureds shall read: The City of
Auburn, its officials, employees and agents for all uses that result from Right-of-way Use Permit
No. 27-97 and any interests described therein.
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B. PROJECT IMPROVEMENT REQUIREMENTS.
BRUCE D. ALVERSON and JILL V. ALVERSON, Owner and Developer, of the property
described in Right-of-way Use Permit No. 27-97 shall comply with the following minimum
requirements in the fight-of-way area to a level acceptable to the City Engineer.
Dedicate a 24 foot public access easement, which will mn with the
land as described in Addendum 3, attached hereto and incorporated
herein by this reference.
2. Install paving of new parking stalls in existing alley.
Install paving of asphalt sidewalk in existing alley, including parking
wheel stops.
Install tightline connection of downspouts in existing alley to a new
storm system.
Rebuild existing parking lot layout and access according to plan
submitted.
Install standard city landscaping requirements.
Install required standard storm drainage upgrades.
8. Install illumination (3 city standard luminaries) for parking lot/alley.
Design and install conduits and J-boxes for 8 future decorative
pedestrian luminaries. City will reimburse 50% of the cost.
C. STREET DELAY REQUIREMENTS
BRUCE D. ALVERSON and JILL V. ALVERSON shall enter into
agreements as a condition of Right-of-way Use Permit No. 27-97.
Enter into a Street Delay Agreement to participate in THE
PERMITTEE'S proportional share of future improvements to "A"
Street SW, and 1st Street SW adjacent to the building site, with the
understanding that THE PERMITTEE reserves the right to protest
the amount of the allocation of costs for such improvements. The
scope of the street delay is limited to the participation in any future
upgrades in sidewalks and street lights, and shall not exceed thc
estimated differences between decorative upgrades and standard City
improvements.
the following
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Enter into a Street Delay Agreement to participate in THE
PERMITTEE'S proportional share of future improvements to the
adjacent alley and parking lot that includes decorative sidewalk,
decorative garbage containers, underground power, and decorative
pedestrian illumination, and with the understanding that THE
PERMITTEE reserves the right to protest the amount of the
allocation of costs for such improvements.
III
PARKING LOT LIMITS AND RESPONSIBILITIES
BRUCE D. ALVERSON and JILL V. ALVERSON will give the
City a Bill of Sale for improvements constructed by them in the
public right-of-way or designated public parking areas at which time
the City will take over operation and maintenance responsibilities for
the designated public parking areas including illumination.
The designated private parking area (those 14 parking stalls
immediately adjacent to the new restaurant and bakery as shown on
Attachment A site plan map hereof) shall be maintained by the
property owner.
In the event the City elects to change the use of the property
presently utilized as an off-street parking lot as described in
ADDENDUM 1, attached hereto and incorporated herein by this
reference such change of use shall not impact PERMITTEE'S
recorded access easement to his designated private parking area
(those 14 parking stalls immediately adjacent to the new restaurant
and bakery as shown as described in Attachment A site plan map,
lots 5 and 6, attached hereto and incorporated herein by this
reference. In addition, and if there is a change of use of the public
off-street parking facility, the City will consider the continuing need
for 13 joint-use parking spaces as described within Addendum 1
attached hereto and incorporated herein by this reference, in
conjunction with all other public interests at that time.
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IV
TERM OF RIGHT-OF-WAY AGREEMENT
Upon completion of the terms of this Agreement to the City's
satisfaction, except as provided below, permission to use the City
Right-of-way as described herein is granted on a perpetual basis for
an indefinite period. The rights granted herein accrue to the
undersigned PERMITTEE, their heirs, successors, and assigns, in
perpetuity, except as hereinafter provided.
Notwithstanding that the intent of this Agreement is to fulfill the
purpose of this Agreement, the City reserves its rights to terminate
this Right-of-way Agreement in the event the PERMITTEE shall fail
to comply with any of the special provisions which PERMITTEE is
required to perform pursuant to this Agreement.
In the event the City believes that the PERMITTEE
has failed to adequately perform any of the special
conditions required on their part to be performed
pursuant to this Agreement, they shall give written
notice to the PERMITTEE, setting forth in specific
detail what special provisions the PERMITTEE has
failed to perform. The PERMITTEE shall then have
a period of sixty (60) days in which to complete the
special provisions required on its part to be
performed. In the event the PERMITTEE shall have
not completed the performance of the special
conditions which the City has designated are
incomplete at the expiration of this sixty (60) day
time period, the City shall then have the option to
terminate this Agreement.
If the PERMITTEE disputes the City's claim that it
has failed to adequately perform any of the special
provisions contained in this Agreement or has failed
to complete those conditions which the City has
claimed they have failed to perform at the end of the
sixty (60) day time period, such disputes shall be
resolved by action of the City Council.
The City reserves its right to review the needs of the Agreement in
the event the PERMITTEE or their heirs, successors and assigns
request any change of zoning use classification for their property in
the furore. In the event the Agreement is terminated by the City, the
City agrees not to terminate PERMITTEE'S use of City's Real
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Property, as described in Addendum 2 herein, solely for the purposes
of access associated with the business operations of the ALVERSON
property so long as PERMITTEE maintains the public access
easement described in Addendum 3, attached hereto and
incorporated herein by this reference.
V
HOLD HARMLESS
For and in consideration of being granted permission by the City of
Auburn, Washington, to use the City right-of-way located within the
corporate limits of the City of Aubum, as evidenced and described in
Right-of-way Use Permit No. 27-97 BRUCE D. ALVERSON and
JILL V. ALVERSON, Owners of said property, do for themselves,
their heirs, successors and assigns hereby agree that they will defend,
indemnify, and hold the City harmless from any and all claims,
injuries, damages, losses or suits of any nature whatsoever, including
but not limited to attorney fees, arising out of or in connection with
their use of the property described in Right-of-way Use Permit No.
27-97, except for injuries or damages caused by the sole negligence
of the City.
On completion of construction and giving the City a Bill of Sale for
the improvements in the public right-of way, THE PERMITTEE
shall only indemnify and hold harmless the City fi.om those claims
arising from the use of the PERMITTEE'S PROPERTY by their
customers or employees.
VI
GRANT OF RIGHT-OF-WAY AND EASEMENT USE
The City shall grant to the PERMITTEE, and their heirs, successors
and assigns, an easement to runs with the land as described in
Addendum 2, solely for the purpose of access associated with the
business operations of the PERMITTEE'S property, subject to the
terms and special provisions contained herein.
PERMITTEE shall grant to the City an easement for public,
vehicular and pedestrian access over the property described in
ADDENDUM 3 herein, subject to the terms and special provisions
contained hereof.
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1N WITNESS WHEREOF, the parties hereto have reached agreement regarding approval
of this Right-of-way Use Permit No. 27-97.
BRUCE D. ALVERSON, Owner/Developer
JILL V. ALV'EI4S(3N, Ow~er/DeCe'l'~oper
STATE OF WASHINGTON )
) SS.
COUNTY OF K1NG )
On this day personally appeared before me BRUCE D. ALVERSON and JILL V.
ALVERSON, who on oath state that they are the Owners/Developers of the property, as shown on
the Exhibits of this Right-of-way Use Permit No. 27-97, and that they are authorized to executed
the within and foregoing instrument and acknowledged to me that they signed the same as their free
and voluntary act and deed for the purposes therein mentioned.
Given under my hand and official seal this [ fl day of~, 1997.
NOTARY PUBLIC in an~bfo,,theState of
Washington, residing at ~-'/~ { ~
My appointment expires l.v/ ]~.~ ]~5~. t
.- i,...- il ,~-'
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CITY OF AUBURN
CHARLES A. BOOTH, MAYOR
ATTEST:
DANIELLE E. DASKAM
City Clerk
(A~PROVED AS TO FORM:
City Attorney
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this day personally appeared before me Charles A. Booth and Danielle E. Daskam were
the persons who appeared before me, and said persons acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledged it
as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of
such parties for the uses and purposes mentioned in this instrument.
,'~°*"~/W"c~'~,la".:... ~2'. ',~. my hand and offimal' seal this' ~ ~ day of
. 'O NOTARY ~.,:
NOTARY PUBLIC in and for the State ,of
Washington, residing at /~r~ ~.
My appointment expires--~/d - ~- ~'~ _.
REF. HSENGINEER~E97XE97-1274
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ADDENDUM 1
(Public Parking and Alley Right-of-way)
Lots 7 and 8, Block 2, Town of Slaughter as recorded in King County Book of Plats Volume
2, page 56, situate in thc Town of Auburn, County of King, State of Washington;
TOGETHER WITH the platted alley lying within said Block 2, described as follows:
Beginning at thc southeast comer of said Lot 8, Block 2;
thence West, along thc south boundary of said Lots 8 and 7, a distance of 120.00 feet to the
southwest comer of said Lot 7;
thence North 0°04'10" East, along the west boundary of said Lot 7, a distance of 120.06
feet, more or less, to the northwest comer of said Lot 7 and the south boundary of
the platted alley;
thence North 89059'47'' West, along the south boundary of said alley, 120.02 feet, more or
less, to the southwest comer of said alley;
thence North 0008'00" East, along the west boundary of said alley, 20.00 feet, to the
northwest comer of said alley;
thence South 89°59'47'' East, along the north boundary of said alley, 239.99 feet, more or
less, to the northeast comer of said alley;
thence South 0°00'25" West, along the east boundary of said alley and of said Lot 8, a
distance of 140.05 feet, more or less to the Point of Beginning.
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ADDENDUM 2
Description for Easement of Access
(City to PERMITTEE)
That portion of Lot 7, Block 2, Town of Slaughter as recorded in King County Book of
Plats Volume 2, page 56, situate in the Town of Aubum, County of King, State of
Washington, described as follows:
Beginning at the southwest comer of said Lot 7;
thence North 0°04'10'' East, along the west boundary of said Lot 7, a distance of 120.06
feet, more or less, to the northwest comer of said Lot 7;
thence South 89059'47" East, along the north boundary of said Lot 7, a distance of 8.00
feet;
thence South 0004' 10" West, 120.06 feet, more or lcss to the south boundary of said Lot 7;
thence West, a distance of 8.00 feet to the point of beginning.
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ADDENDUM 3
Description for Easement for Public Access
(PERMITTEE to City)
That portion of Lots 5 and 6, Block 2, Town of Slaughter as recorded in King County Book
of Plats Volume 2, page 56, situate in the Town of Auburn, County of King, State of
Washington, described as follows:
Beginning at the northwest comer of said Lot 5;
thence South 0°08'00" West, along the west boundary of said Lot 5, a distance of 33.65 feet;
thence South 89059'47" East, 104.00 feet, more or less, to a point 16.00 feet, westerly from the east
boundary of said Lot 6;
thence South 0°04'10" West, parallel with said east boundary, 86.41 feet, more or less, to
the south boundary of said Lot 6;
thence East, along said south boundary, 16.00 feet to the southeast comer of said Lot 6;
thence north 0°04'10" East, along the east boundary of said Lot 6, a distance of 120.06 feet
to the Northeast comer of said Lot 6;
thence North 89059'47'' West, 120.02 feet to the point of beginning.
I-IPM/BD
REF. H 5ENG1NEER~E97~E97-1274
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