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1 ORDINANCE N0. 5 0 3 2
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
4 RIGHT-OF-WAY USE AGREEMENT PURSUANT TO ACC 12.60.020 ENTITLED
~ "FEE" FOR THE PURPOSE OF ALLOWING TWO (2) ACCESS DRIVEWAYS TO
5 BE CONSTRUCTED IN THE CITY OF AUBURN'S RIGHT-OF-WAY FOR
6 INGRESS/EGRESS TO THE MUCKLESHOOT MALL RETAIL CENTER UNDER
CONSTRUCTION AND OWNED BY THE MUCKLESHOOT INDIAN TRIBE, AS
7 DESCRIBED IN EXHIBIT "A".
8
9 WHEREAS, ACC 12.060.020 entitled "Fee" provides for the
10 establishment of a Right-of-way Use Agreement for a term to
11 exceed 5 years; and
12
WHEREAS, the Muckleshoot Indian Tribe is constructing a
13
retail center known as the Muckleshoot Mall within the City
14
15 limits of the City of Auburn, located at 2121 Auburn Way
16 South; and
17 WHEREAS, the construction is in its final stages of
18
completion for the retail center known as the Muckleshoot
19
mall; and
20
21 WHEREAS, the Muckleshoot Indian Tribe desires to
22 construct two (2) access driveways from Auburn Way South to
23 its retail center known as the Muckleshoot Mall; and
24
25
26 Ordinance No. 5032 December 17, 1997
Page 1
1 WHEREAS, site work has been reviewed including inspection
2
of sewer and water utilities that will serve the Muckleshoot
3
Mall and maintained by the City pursuant to a previously
4
5 executed Public Facility Extension Agreement between the City
6 and the Tribe; and
7 WHEREAS, City staff has determined that a Right-of-way
8
Agreement is required in order to provide site access
9
10 driveways in safe locations as said access driveways will
11 necessarily be located within the City's right-of-way adjacent
12 to the roadway of Auburn Way South.
13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
14 -
WASHINGTON, DO ORDAIN AS FOLLOWS:
15
16 Section 1. PURPOSE. The purpose of this Ordinance is as
17 follows:
18 To authorize the City to enter into a Right-of-way
19 Agreement with the Tribe, with this agreement to be for a term
20
longer than five (5) years pursuant to ACC 12.060.020 entitled
21
22 "Fee".
23 Section 2. The Right-of-way Use Agreement is to be
24 entered into by the City and Tribe to facilitate construction
25
26
. Ordinance No. 5032
December 17, 1997
Page 2
1 of ingress/egress access to and from the Muckleshoot Mall and
2
Auburn Way South.
3
4 Section 3. Constitutionality or Invalidity_,_ If any
5 section, subsection, sentence, clause or phrase of this
6 Ordinance is for any reason held to be invalid or
7
unconstitutional, such invalidity or unconstitutionality of
8
the remaining portions of this Ordinance, as it is being
9
10 hereby expressly declared that this Ordinance and each
11 section, subsection, sentence, clause and phrase hereof would
12 have been prepared, proposed, adopted and approved and
13
ratified irrespective of the fact that any one or more
14
section, subsection, sentence, clause or phrase be declared
15
16 invalid or unconstitutional.
17 Section 4. The Mayor is hereby authorized to implement
18 such administrative procedures as may be necessary to carry
19
out the directives of this legislation.
20
Section 5. This Ordinance shall effect and be in force
21
22 five (5) days from and after its passage, approval and
23 publication, as provided by law.
24
25
26 Ordinance No. 5032
December 17, 1997
Page 3
1
INTRODUCED: January 5; 1998
2
3
PASSED: January 5, 1998
4
5
APPROVED: Januarv 5, 1998
6
7
8
• CHARLES A. BOOTH
9 MAYOR
ATTEST:
10
11
12
Danielle E. Daskam,
13 City Clerk
14
15
APPROVED AS TO FORM:
16
17
18 lJ ~
19 Michael J. Reynolds,
City Attorney
20
21 ~
Published:
22
23
24
25
26
Ordinance No. 5032 ,
December 17, 1997 Page 4
EXHIBIT A
SPECIAL PROVISIONS TO RIGHT OF WAY USE PERMIT/APPLICATION
NO. 22-97, CITY OF AUBURN PUBLIC WORKS DEPARTMENT,
ENGINEERING DIVISION
The following special provisions are required as conditions for
the granting of Right of Way Use Permit No. 22-97:
PURPOSE
The primary purpose of entering into this agreement is to allow
two (2) access driveways to be constructed in the City of
Auburn's right-of-way for ingress/egress to the Muckleshoot Mall
Retail Center under construction at 2121 Auburn Way South and
owned by the Muckleshoot Indian Tribe.
SPECIAL PROVISIONS
The following special provisions are required as conditions for
the granting of this Right-of-way Agreement.
INSURANCE
The Muckleshoot Indian Tribe shall obtain Commercial General
Liability Insurance from a responsible insurance company naming
the City of Auburn 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 the
Muckleshoot Indian Tribe of the City Right of Way described in
Right of Way Use Permit/Application No. 22-97 with limits of not
less than Two Million Dollars in aggregate and One Million
Dollars per person and One Million Dollars per accident. The
Muckleshoot Indian Tribe sha11 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 renewed each year for the duration of Right of Way Ose
Permit No. 22-97: If the Muckleshoot Indian Tribe fails to
timely renew the liability insurance policies required herein,
Right of Way Use Permit No. 22-97 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 a11 uses that result from Right of Way
Use Permit No. 22-97 and any interests described therein.
-
Special Pr ovisions to Right ofway Use PermiVApplication No. 22-97 Sv3 z
October 10, 1997
Pnge i of 7
LIGHTING
The Muckleshoot Indian Tribe, Owner and Developer, of the
property described in Right of Way Use Permit No. 22-97 shall
install a lighting system in the right of way area to a 1eve1
acceptable to the City Engineer. The Muckleshoot Indian Tribe
shall be solely responsible for maintaining the lighting system
in a fully operational status, including but not limited to,
replacing any part of the lighting system which becomes
dysfunctional or inoperative.
AREA SECURITY
The Muckleshoot Indian Tribe accepts and has the sole
responsibility for providing all security for the protection of
those persons using that area of the City of Auburn right of way
as described in Right of Way Use Permit 22-97.
RFMOVAL OF DEBRIS AND LITTER
The Muckleshoot Indian Tribe shall remove all debris and
keep free from al1 waste and debris the access driveway area, as
described in Right of Way Use Permit No. 22-97.
PROJECT IMPROVEMENT AND MAINTENANCE REQUIREMENT
The Muckleshoot Indian Tribe, owner and Developer, of the
property described in the Right of Way Ose Permit No. 22-97 sha11
comply with the following minimum requirements in the right of
way area to a level acceptable to the City Engineer.
1. Install Type III landscaping per City Code 18.50 to
allow a five-foot width visual landscape buffer.
2. Install other right of way areas with grass/lawn that
will be irrigated.
3. Install driveway access areas with 3-inches of asphalt,
4-inches of crushed rock, and a suitable base.
9. Properly maintain the landscape and driveway access
areas.
Special Pmvisions to Righ[ of way Use PermiVApplica[ion No. 22-97
Oc[ober 10, 1997
Page 2 of 7
5. Agree that if access becomes a safety issue, that the
State or City per Access Management Law (WAC 962-51)
can restrict one or both accesses to right-in/right-out
turning movements.
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, his or her heirs, successors and
assigns until such time as the City terminates the Agreement. In
the event the City decides to terminate this Agreement it will
provide a written notice six months in advance stating the
reasons for termination.
The CITY reserves its right to terminate Right Of Way
Use Permit 22-97 for any failure to comply with any of
the special provisions contained in this agreement.
The CITY further reserves its right to terminate Right
O£ Way Use Permit 22-97 if it is determined that the
CITY needs the use of the right o£ way described
herein. In the event of termination, the CITY will
provide 90 days written notice of its intention to
terminate Right Of Way Use Permit 22-97.
HOLD HnR*.rr.ESS
For and in consideration of being granted permission by the
City of Auburn, Washington, to use the City right of way located
at 2121 Auburn Way South (Exhibit B) within the corporate limits
of the City of Auburn, as evidenced and described in Right of Way
Use Permit No. 22-97, the Muckleshoot Indian Tribe, Owner and
Developer, do for itself, its heirs, successors and assigns do
herewith agree that it shall defend, indemnify, and hold harmless
from any and all claims, injuries, damages, losses or suits of
any nature whatsoever, including but not limited to attorneys
fees, arising out of or in connection with the use of the
property described in Right of Way Use Permit No. 22-97, except
for injuries or damages caused by the sole negligence of the
City.
GRANT OF RIGHT-OF-WAY USE
A Right of Way Use Permit is hereby granted, as per the
terms and special provisions contained in Right of Way Use
Application/Permit No. 22-97, and as described in Exhibit B and
Exhibit C attached herein.
-
Special Provisions [o Righ[ of way Use PertnidApplication No. 22-97
Ocmbcr 10, 1997
Page 3 of 7
IN WITNESS WHEREOF, the parties hereto have reached
agreement regarding approval of this Right of Way Use Permit 22-
97.
o n Da els, r., O er/Developer
Tribal Chairman, Mu leshoot Indian Tribe
STATE OF WASHINGTON )
)ss.
County of King )
On this day personally appeared before me JOHN DANIELS, JR.
OF THE MUCKLESHOOT INDIAN TRIBE, who on oath stated that he is
the Owner/Developer of the property to be leased by Muckleshoot
Indian Tribe as shown on Exhibit "A" of this Right of Way Use
Permit 22-97, and that he is authorized to execute this
instrument and acknowledged it is his free and voluntary act for
the uses and purposed mentioned in Right of Way Use Permit 22-97.
SUBSCRIBED AND SWORN to before me this 125--~- day of
'DaCawx ba✓ , 1997.
~(H H. ~ ~
Woa~~~t`~ ~ F..~ivc'rlt N. Fw~s
<tro ~ Notary Public in and for th State
OTAR
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N N of Washington, residing atvvy"
PUBLIC MY COMMISSION EXPIRES: y'j tj"d 1,a
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REF. H:\FAC\FAC10711\E97-994
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Special Provisions to Right of way Use PertniVApplication No. 22-97
Oc[ober 10, 1997 ~
Page 4oC:'7
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that 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.
Dated
l6a
Notary Public in and for the Stat of W shington
Vp, A. BpTy,My appointment expires /(L~- ~
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TARYp~9N~Y,~
'•.o PU6LIC p; i 2 ~ L ~ ~I ~ TpXYi~
%o'~'crO,Qeae1Charles A. Booth, Mayor
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Attest:
Danielle E. Daskam, City Clerk
A proved as to form:
Michael J. Reynolds, City Attorney
Special Provisions [o Righ[ ol'way Usc PcrmiUApplication No. 22-97
October 10, 1997
Page 5 of 7
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October10,1997
Page6 ot 7
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*
CITY OF
Peteir B. Lewis, Mayor
WASHINGTON 25 Wesf MainStreeT * Auburn WA98001-4998 * www.auburnwa.gov * 253-931-3000
STATE OF WASHINGTON )
)ss.
COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King and
Pierce, State of Washington, certify as follows:
1. The foregoing is a full, true and correct copy of Ordinance No. 5032
(the "Ordinance") duly passed by the Council and approved by the Mayor of the said
City of Auburn, on the 5th day of January, 1998, as that ordinance appears on the
minute book of the City.
2. Ordinance No. 5032 was published as provided by law in the South
County Journal, a daily newspaper pubiished in the City of Auburn, and of general
circulation therein, on the 11th day of January, 1998.
Witness my hand and the official seal of the City of Auburn, this 1st day of
February 2010.
D nielle Daskam, City Clerk
City of Auburn
AUBURN * MORE THAN YOU IMAGINED