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HomeMy WebLinkAbout5032 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 y ~ N Y N N of Washington, residing atvvy" PUBLIC MY COMMISSION EXPIRES: y'j tj"d 1,a q~ 6-7-2000 ~f WA HPM/bd REF. H:\FAC\FAC10711\E97-994 ' 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~- ~ ; ~s510NF.r•.tC!~i o`N0 TARYp~9N~Y,~ '•.o PU6LIC p; i 2 ~ L ~ ~I ~ TpXYi~ %o'~'crO,Qeae1Charles A. Booth, Mayor c~ "'.,OF WASNN~, ••,,,,,,.1..,• G Ff P~ DA 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 ' EXHiBiT I ° . ~ ~ ~.Y•.i•. ~ i•~ i~' o , s I I I I ° ' a~ i - ; ' ~ c~~-0• 11, ~ Ia I I I~ I I II~ I I i c. 1 ~ ' ~ ' ' " • ~ t _ ~ 1 I ~ \ I ~ ! ` p~%y01 I ~ ' ~ ; III I III 'j ~ i III I~III ~ I ~ b?' i 8 4 1~ 8 1 I 6 ^ . _ - ~ o~ ~ `'R°~°'~` ' I 0. C I ~ ~ I G`o^ L i 0 I , c 1 Q ~ c ~ c ~ ~ • ~ ~ e • ~i +i _ MUCKLESHOOT RETAII CEN7ER •uccttsrut ,oi.• nue Special Provisions to Right otway Use PemilVApplication No. 22-97 "89's' October10,1997 Page6 ot 7 ~ ' . ' MUGKLESHOOT • LND/~N 7'R/BC~ ~',q x kor ~2i ~ 5w ~ ~ . S /.TE .H,0DA2F55 Z 1 z I 41;8 uRAv . t.uA Y - ~~~i , . • . . . . . . . . . . . % OJIC..:f;`:I 0o n ~ N ` 0~+ M ~~1 JQ' 9 ~ ~ .p . . i.:~ ~ " 'w::i: ~ ~ $ f 51' $E... i:{4 { • , 1::~ I':: ;'.v. ~ ~y~ J~ s;.;; / ~ ,l~ ~'t J Ipfll~ / ~ 4~ i:W%~ ` A (V y',`~: ` _ •CY.b. //Y. /~'J m ( ~CTpq i.; /!`+M+~ ' . ~j ~ ~.h 3T SE x ~ (::.;:..r~ ~AT • , . "NOghifR ~ `t\. st' 7th ~ SE LES B ~±±~!!ry R R:?:•. LAKE . . C~VE / x PARK ly YllCA 5T E SCENIC pR ~ NsE+ tlfli ,A1 SE ISIh ST SI' p.~ lln% I6th 9T ~ ~4'~~•:^. d -P ' m l8lh SE SE rn z . • v „ ~P r N ~q~ti5~ ~ 1etn sr Qv ~ •t~e t::;~;~?>: ~;r:; g L i 9t 01 G p ~ i a~ii ~ 20l 6 MUCHLESHOOT 8 ~ ~ a ~'i o ~n SOpy a~ ~ i~ sr sc U 22od Sf SE CASINO 1- 22n ^ C L... . . ~ w SiTf ° a N m r ~ gr SE ~ r VALI.EY 211h SI' S o . aw fe s t 1 POPWI~ m sr se ~ uin sr se ~ ~ a r ..m n a ....,-.t- se sr se m a e E s s o ~ 4o~ 2 ~ ~ ST 36 i ~ M C r~. v• ° k ~ ~ O~ . r. ~:n:;..--..,-~.rY~. ~f` ° P ~ = ~ ~ S 4l ~::::~i~ j5 f~ ~ .i~.._.:::~~~'✓' i:.v . . t xu .!;t.~:~' . ? !'9 AUBURN ~ : . ° CAME . . • Y'1:: : '1~\M1 FARAf ]]rd ...:~.::r::~: ~ 92n S , . •.~_E~:'rr:i:::;:,.a.~ ~ Z ' a't.,1 cr c~ ira n"'~;'::~ _ SI'UCK RIVER__._QRIVE 9 * 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