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HomeMy WebLinkAbout20140915000433 GRANT OF EASEMENT FOR RIGHT OF WAY 08/12/14Return Address City of Auburn ATTN Public Works Department 25 'A' Main Street Auburn, WA 98001 S fLo-21 -S ��lZ S to 21- 7- III I III 1111111111111111111111111 2014P9150D0<33 09/15/2014 10 37 KING COUNTY. UA MUCKLESHOOT IN EAS 108 00 PAGE-001 OF 037 Document Title(s) (or transactions contained therein): I Grant of Easement for Ri«ht of Wav Reference Number(s) of Documents assigned or released 20140813000055 —RE- RECORD TO ADD EXHIBITS (on page _ of documents(s)) i Grantor(s) (Last name first, then list name and initials): I M IckleshootIndian Tribe 3 Additional names on page _ of document. Grantee(s) (Last name first. then list name and initials): I City of Auburn 3 Additional names on page _ of document. Legal description (abbreviated. i.e. lot, block, plat or section, township, range) I I Ptn SE 1/4 Sec 20- 21N -5E 2. Lot I SP No. 0007 -89 Rec #90091 10973 3 Lots 2. 3. & 4, SP No. 0007 -89, Rec 99009 1 1 0973 4 Lo I is G and H, Kitchell Addition to Auburn & Tract I SP No. SP- 23 -77, Rec 97712080596 Pull legal is on pages 5 - 8 of tlocuntent. Assessor's Property Tax Parcel /Account Number 1 2021059024 1. 2021059025 3 2021059060,2021059061 2021059062 4 3903200070 3903200080.2121059055 EXCISE TAX NOT REQUIRED Kin t� Records Division By Deputy Return Address City of,Auburn ATTN Public Works Department 25 W Main Street Auburn, WA 98001 RE- RECORD TO ADD EXHIBITS EXCISE TAX NOT REQUIRED King County Records - ision By Deputy Document Title(s) (or transactions contained therein): I Grant of Easement for Right of W m y 2 Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) Gtan[or(s) (Last name first, then first name and initials): I Mackleshoot Indian Tribe Additional names on page _ of document. Gratitee(s) (Last name first, then first name and initials): I City of Auburn 3 Additional names on page _ of (1ocument. Legal description (abbreviated: i.e. lot, block, plat or section, townshq), range) I i Put SEI /4 Sec 20- 21N -5E 2. Lot I SP No. 0007 -89 Rec #9009110973 3 Lots 2, 3, & 4. SP No. 0007 -89 Rec #9009110973 4 Lots G and 1-I, Kitchell Addition to Auburn & Tract I, SP No SP- 23 -77, Rec #7712080596 I i i Full legal is on pages 5 - 8 of document. Asse'ssor's Property Tax Parcel /Account Number 1 2021059024 2. 2021059025 3 20 -21059060,2021059061 2021059062 4 3903200070 ,3903200080.2121059055 I RETURN ADDRESS City of Auburn ATTN: Public Works Department 25 W Main Street Auburn, WA 98001 I GRANT OF EASEMENT FOR RIGHT OF WAY THE MUCKLESHOOT INDIAN TRIBE CITY OF AUBURN ASSESSOR'S PROPERTY TAX PARCEL. 202105 -9024, 202105 -9025, 202105 -9060, 202105 -9061, 202105- 41062, 390320- 0080, 390320- 0070, 212105 -9055 For and in consideration of One Dollar ($1 00) and other covenants agreed to by the parties in that Agreement for Project No. 1119, incorporated by reference (hereinafter "Agreement "), THE MUCKLESHOOT INDIAN TRIBE (hereinafter "Grantor "), hereby apportions, conveys and warrants to THE CITY OF AUBURN, a Washington Municipal Corporation (hereinafter "Grantee "), for the purposes hereinafter set forth, a nonexclusive perpetual public transportation, public utilities and private utilities right -of -way within, over, under, along, across and through the following described real property (the "Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property (the "Right -of -Way" herein) described as follows' EE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 1 PURPOSE. Grantee shall have the right to construct, operate, maintain, repair, replace, limprove, remove, and /or enlarge a roadway, and use of the space above and below the established grade lines of the easement area for roadway purposes, including slopes, pedestrian sidewalks, lighting, public and /or private utilities including, but not limited to, power, telecommunications, fiber optics, water system, sewer system, storm drainage system and other improvements related thereof SPECIFIC PROVISIONS. Grantee agrees to the following terms a. Construction. Grantee agrees to construct and maintain the Right -of -Way in a workmanlike manner; and Grantee shall obtain and thereafter maintain all necessary permits in connection with the operations and maintenance of its facilities and shall comply with all applicable Federal, Tribal and State laws in construction, operation and maintenance of such facilities, b. No Compensation; Damages. Grantee owes no compensation to Grantor or any third parties for the rights herein granted. c. Indemnification Grantee agrees to indemnify Grantor against any liability, personal injury and property damage to the extent caused by the wrongful actions or omissions of Grantee in the construction, maintenance, occupancy or use of the Right -of -Way by Grantee, its employees, contractors and their employees, or subcontractors and their employees. Provided, however, that nothing herein shall require Grantee to indemnify, defend, and hold the Grantor, and authorized users, harmless for any such liability attributable to the negligence of the Grantor, authorized users, or others not specifically named in this paragraph. d. Restoration /Repair Grantee agrees to restore or repair the Easement area including any roads, gutters, sidewalks, or landscaping as nearly as reasonably possible to its prior condition upon the completion of any Grantee construction or maintenance activities to the extent compatible work with the purpose for which the Right -of -Way was granted to a condition at least as good as required for similar work on Grantee's roads, however, Grantee has no obligation for preservation or repair beyond the area directly impacted by said activities. e. Repair Grantee agrees to build and repair such roads, fences, and trails as may be destroyed or injured by construction work and to build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the Right -of -Way f. Revocation /Abandonment/Termination, Grantee agrees that upon termination of the Right -of -Way, Grantee shall, so far as is reasonably possible, restore the land to its original condition. 3. USE. Grantor reserves the right to use the Right -of -Way for any purpose not inconsistent with the rights herein granted and Grantee agrees not to interfere with the use of the lands by or under the authority of the landowners for any purpose not inconsistent with the primary purpose for which the Right -of -Way is granted; provided, however, Grantor shall not construct or maintain) any buildings, structures or other objects on the Right -of -Way 4. ACCESS. Grantee shall have the right of access to the Right -of -Way over and across the Property to enable Grantee to exercise its rights hereunder, provided that Grantee shall compensate Grantor for any damage to the property caused by the exercise of such right of access To the extent reasonably practicable, Grantee shall use Grantor's right of way for such access, and shall utilize portions of the Property outside Grantor's right of way only when and to the extent additional access is reasonably necessary or in the event of an emergency 1 5: SUCCESSORS AND ASSIGNS. Grantee shall have the right to assign, apportion or otherwise! transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 61 TERMINATION AND ABANDONMENT This Right of Way may be terminated or abandoned as follows: I 1 Grantor may terminate this Right of Way for failure of Grantee to comply with any term of condition of the Right of Way upon thirty (30) days' written notice, and failure of the Grantee, within said notice period, to correct the basis for termination; 2. The rights herein granted shall continue until such time as Grantee ceases to use the Right -of -Way for a period of two (2) successive years, in which event this agreement shall terminate and all rights hereunder, and any improvements remaining in the Right -of -Way shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its improvements in the Right -of -Way within any period of time from the date hereof 1 7. GRANTOR'S LIMITED WAIVER OF SOVEREIGN IMMUNITY AND JURISDICTION. Grantor and Grantee agree to that waiver of sovereign immunity contained in Section 7 of the Agreement entered into by the parties October 20, 2011 (Project No. CP1119). The 321 Tribe Title: V.Ce'e ci'&;T"^,tw STATEIOF WASHINGTON ) / ) ss. COUNTYOF I T lk 2.a 1L1 On this) / r� day of Air r� 7jN,5, before me, the undersigned, a Notary Public in and for the State of Was I' gton, duly commissioned and sworn, personally appeared I e i'r1A to me known to be the person who signed as of THE MUCKLESHOOT INDIAN TRIBE that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act aqd deed of said TRIBE for the uses and purposes therein mentioned, and on oath stated that fop I was authorized to execute said instrument on behalf of THE MUCKLESHOOT INDIAN TRIBE! IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written) CARYN J. A%ALA STATE OF WASMMGTOM NOTARY PUBLIC MY COMMISSION EXPIRES 10 -01 -17 (Signature of Notary) / . C� r gjll J Kl ✓ l l ✓i (Print or stamp name Notary) NOTARY PUB ft in and for the Slate of Washington, residing at I -V (2f)% {/J_if ifa ' i d�i7 My Appointment expires l ig I — i EXHIBIT "A" TOTAL PARCEL DESCRIPTION Assessor Parcel Number 2021059024 That portion of the Southeast Quarter of the Southeast Quarter of Section 20, Township 21 North, Range 5 East of the Willamette Meridian, in King County, Washington; described as icing at the Southwest comer of I.ot I in Block I of Forest Villa Addition to the City of According to Plat recorded in Volume 62 of flats at pages 15 & 16, in King County, Thence South 0132' 38" West parallel with the west line of said Southeast Quarter of the Southeast Quarter a distance of 128.33 feet to a point which hears North 0° 30' 38" East 150.00 feet from the Northerly line of State I lighway No. 5 as said Northerly line was established prior to 1958; Thence South 84° 01' 07" East, 200.00 feet, Thence South 0° 30'38" West, 150.00 feet to a point on said Northerly line of State Highway No. 5,1a radial to said point having a Bearing of North 4° 58' 21" East; Thence Easterly along said Northerly line on a curve concave to the North having a radius of 5,680 feet, an are distance of 391.61 feet to the West margin of Fir Street Southeast; North 00 59' 56" East, 309.35 ft. along the West margin to the South line of Block 1, North 890 00' 04" West, 592.91 feet along said South line to the Point of Beginning. the North 16 feet thereof conveyed to the City of Auburn for Alley by deed Recorded ;cording No. 5881425 Tax Parcel Number 202105- 9024 -09 Site Address Number- 2902 Aubum Way South, Aubum,Wa, 98092. Legal description from the commitment for Title insurance, order number 4209: 1932084 prepared by First American Title dated July 26, 2012. EXHIBIT "A" TOTAL PARCEL DESCRIPTION LOT 1 OF CITY OF AUBURN SHORT PLAT NO. 0007-89 Lot 1, City of Auburn Short Plat NO. 0007 -89, recorded under Recording Number 9009110973; Being I portion of the east half of the southeast quarter of the southeast quarter of Section 20, 21 North, Range 5 East, W.M., Ping County, Washington, that lies north of the State NO. 5. "Fax Parcel Number: 202105- 9025 -08 Site Address: 3004 Auburn Way South, Auburn, WA 98092 from Exhibit "A ", of Commitment for Title Insurance, Order No. 4209 - 1932087, by First North American Title Insurance Company, dated July 30, 2012. I '3 A3 EXHIBIT "A" TOTAL PARCEL DESCRIPTION LOT 2, 3 AND 4 of City of Auburn Short Plat SPL0007 -89 Lots 2, 3, and 4, of City of Auburn Short Plat No. 0007 -89, recorded under Recording number 1 9009110973; being a portion of the East half of the Southeast Quarter of the Southeast Quarter of Section 20, Township 21 North, Range 5 East, W.M., in King County, Washington, that lies north of the State Hiehwav No. S. Tax Parcel Number- 202105 - 9060 -04, 202105- 9061 -03 and 202105- 9062 -02 Site Address: Vacant, Auburn,Wa.98092 m fromExhibit "A ", of the commitment for Title insurance, order number 4209- 1932088 by First American Title dated July 26, 2012 for City of Auburn Project number CP1119. M• 4��0� 1A10 EXHIBIT "A" TOTAL PARCEL DESCRIPTIONS LOTS "G" AND "H" KITCHELL ADDITION TO AUBURN AND TRACT 1, CITY OF AUBURN SHORT PLAT SPL 23 -77 Lots "G" and "H" of Kitchell Addition to Auburn: Lots "G" and "H ", Kitchell Addition to the City of Auburn, according to the Plat thereof recorded in Volume 70 of Plats, Page 9, records of King County, Washington. Tax Parcel number. 390320- 0070 -03, 390320- 0070 -94 and 390320 - 0080 -01 Site Address: 3209 Auburn Way South, Auburn, Washington, 98092 Tract 11 of City of Auburn Short Plat SPL 23 -77: Tract 1 of Short Plat No. SP- 23 -77, according to the Short Plat Survey Recorded under King County recording number 7712080596, in King County, Washington. Tax parcel I number 212105- 9055 -00 Site add less: 3213 Auburn Way South, Auburn, Washington, 98092 Descripti i ons are from Exhibit "A ", of the commitment for Title insurance, order number 4209-1932093 prepared by First American Title dated July 26, 2013 for lots "G" and "H" and commitment for Title insurance, order number 4209 - 1932094 prepared by First American Title dated July 26, 2012 for Tract 1 all for the City of Auburn Project Number CP1119, Auburn Way South Corridor Improvements. i i M *:6I1:3 Ill d:1 SURVEYOR'S EASEMENTS AND LEGAL DESCRIPTIONS EXHIBITS ATTACHED AND ADDED ON THE FOLLOWINGPAGES B1 EXHIBIT 11131" EASEMENT Assessor Parcel Number 2021059024 Beginning at a point on the Northerly line of State Highway No. 5 as said Northerly line was established prior to 1958, at Engineers Station 207 +40.82, 50.64 feet Left, as shown on Auburn Way South Corridor Improvements, Fir Street Southeast to Hemlock Street Southeast Right of Way Plans, Project Number CP1 ] 19, Page 1 of 3. Then le Nortli 84'34' 24" East, 92.86 feet to a point on the West Margin of Fir Street Southeast at Engineers Station 403 +37.97, 40.00 feet right as shown on Sheet 1 of 3 of said Auburn Way Soutltl Corridor Improvement Right of Way Plans; Then le South 010 42' 02" West, 12.30 feet along the West Margin of Fir Street Southeast to the Northerly line of said State Highway No. 5 as established prior to 1958, and the beginning of a non- tangent curve concave to the north having a radius of 5,680 feet (from which point the center ofsaid curve bears North 01° 43' I1" East); Then le Westerly along said northerly line of said State Highway No. 5 and said curve through a central angle of 00° 55' 46" an are distance of 92.15 feet to the point of beginning. The el sement area contains 578 square feet (0.013 acres) more or less. The Basis of bearing for this Easement description is the line between the monument on Auburn Way South, 12.07 feet East of the centerline of Hemlock Street Southeast and the PC monument to tile East having a bearing of South 89° 02' 34" East as shown on Auburn Way South Corridor Improvement Plans, Fir Street Southeast to Tlemlock Street Southeast Right of Way plans,Project number CP 1119, Page 1 of 3, Note 4 of Survey Notes. M• WqR �CQ� oe wasr��c�`,p ��w coo Ao 4s stett� \ sl�A'AL WE / } \ \ -Ls mUn S-L33& is al > | °.,ZD.Z®» c � t aaaN mmm,. j1Jo / — — §2 \ ! � , §( 5\: /E} y] \ /k/ �!ƒ§ \m ` \ \ 19 Xj �< ; ° a § ] o �&o WD WZ WW B]2 ! (S§ mae 0 /\ 20 [\ G / }\ ow - /®G /(E\ \ ) _ to 2` �) \` ®§1 ( \(1j/ \ \ ° / \)) ƒ \ \ ®) ` \\ <� 0 . ) \ \/ <, \/k w o } \ }\ \ f§ \\ /\\ \j§ mow B3 In EXHIBIT `B1" EASEMENT LOT 1 OF CITY OF AUBURN SHORT PLAT NO. 0007-89 of Lot 1, City of Aubur-n Shoi t Plat NO. 0007 -89, recorded under Recording Number 3, King County, Washington, said portion described as follows: BeQinmI ng at the southeast comer of said Lot 1, said point also being on the northerly margin of State i lighway No. 5 (Auburn Way South - SR 164); thence along said northerly margin NOrd1 89°03'10" West, 39.31 feet to an angle point; thence continuing along said margin North l0l °42'02" East, 12.00 feet; thence leaving said margin South 89 °03'10" East, 39.31 feet to a point i n the easterly line of said Lot 1, thence along said easterly line South 01'42'02" West, 12.00 feet to the POINT OF BEGINNING, containing 471 square feet, more or less. Basis of Bearing is the centerline for Auburn Way South, having a bearing of SouHI89 °03'10" East. M >G ui In of z N 0 N U w U) N w O 3NIl A183dO8d 0 Fy z Q O Nz m Qz O 0 N O� ° YQ N Z d m O Y ci WM ZWW o� wwU p II wo< N o I wo Z Oq N P J z .00'99 J Vb L99 - J/ 1 3.ZO.Zb.IO N /I M m N w � o J !7 M o m Q I o t °o Z d 3S 1S y& ow z uy� XF ❑ w z 44U I 1 U z z I ILL\ 3.ZOZ4.lON \1 I- zQ wz z m�w W W zma aww O UOz QLL 7 W O } �ao� Z�<o Oowoz o¢QQwZ HWw. 'J J h p O IL w o Q U l- � �5 zaa. N w F 00� 3 w m GoG F- U) m W~pz S O= 2 w w Y 0- 0O ?7 NNN zzW < <w muo 1�-wH X00 mm wUU Umm 0 nw >_> aoww' Ti 3S 1S Nj07W3H 66'418 9.ZOZO.lO N r U_ O NO W m o Z O f/1 J N 1 3NIl A183dO8d 0 Fy z Q O Nz m Qz O 0 N O� ° YQ N Z d m O Y ci WM ZWW o� wwU p II wo< N o I wo Z Oq N P J z .00'99 J Vb L99 - J/ 1 3.ZO.Zb.IO N /I M m N w � o J !7 M o m Q I o t °o Z d 3S 1S y& ow z uy� XF ❑ w z 44U I 1 U z z I ILL\ 3.ZOZ4.lON \1 I- zQ wz z m�w W W zma aww O UOz QLL 7 W O } �ao� Z�<o Oowoz o¢QQwZ HWw. 'J J h p O IL w o Q U l- � �5 zaa. N w F 00� 3 w m GoG F- U) m W~pz S O= 2 w w Y 0- 0O ?7 NNN zzW < <w muo 1�-wH X00 mm wUU Umm 0 nw >_> aoww' Ti EXHIBIT "B1" EASEMENT LOT 2, 3 AND 4 of City of Auburn Short Plat SPL0007 -89 A port Iion of Lots 2, 3 and 4 of City of Auburn Short Plat number SPL0007 -89, recorded under recording number 9009110973 in King County, Washington, said portion described as follows: Begin I ing at the Southwest corner of said Lot 2 and the North Margin of Auburn Way South AKA State Hwy Thence N 010 42' 02" E, 12.00 feet along the West line of Lot 2; Then I S 890 03' 10" E, 150.31 feet to the East line of Lot 2 of said Short Plat; Thencle continuing 5 890 03' 10" E, 18.45 feet; Thencle N 000 56' 50" E, 2.00 feet; Thencle S 890 03' 10" E, 10.00 feet; Thence S 000 56'50" W, 2.00 feet; Then le 5 89° 03' 10" E, 104.57 feet; Then le N 770 23'04" E, 17.56 feet to the East line of lot 3 of said Short Plat; Then le continuing N 770 23' 04" E, 25.07 feet; Then le S 890 03' 10" E, 67.95 feet; Then le N 850 14' 11" E, 40.03 feet; Thence N 43128' 07" E, 26.94 feet to the East line of said Lot 4 of said Short Plat and the West Margin of He Street Southeast; Then le S 010 42' 02" W, 11.30 feet along the West margin of Hemlock Street Southeast to the point of beginlning of a curve to the right, from which the center of said curve bears N 880 17' 58" W, 35.00 feet; Then le southwesterly along said curve through a central angle of 890 14' 47 ", an arc distance of 54.52 feet to a point of tangency with the North Margin of said Auburn Way South; Then Ie N 890 03' 10" W, 415.78 feet along the North Margin of Auburn Way South, to the Point of Beginning. "rhe elasement area contains 6,961 Square Feet (0.16 Acres) More or Less. IN The Isis of Bearings for this Easement description is the line between the monument on Auburn Way 12.07 feet East of the centerline of Hemlock Street Southeast and the PC monument to the east, a bearing of S 890 02' 34" E as shown on Auburn Way South Corridor Improvements Plans, Fir Southeast to hemlock Street Southeast Right of Way Plans, Project number CP1119, Page 1 of 3, note 4 of Survey notes. M' 0 652 TER U14V 5i \1 M Is)IDowa, -_w ;S : NODIVUH m_IS3, ,�i3NII m, mw- \ \ \ aZ1101 0 r ) �\ ow ! j />e �\ §()((() _ \E ` ; y 0} , ® \ ®S ozowzzzz \§ of 22 \Gaol:! r $ ®f) \\ El ; �a ` /\/ a« , § » } /w w § �[ /\ § } ) \ a \ ) \ .\ \- /°8me 4§) /t § }a §j2§ §q ( ± § y\ ,�i3NII m, )0 \ \ \ aZ1101 a% ) �\ ! j />e �\ §()((() _ \E ` �� /§ , ® \ ®S ozowzzzz \§ of 22 \Gaol:! :, $ ®f) \\ \ ; �a ` /\/ a« , § » } /w w § �[ /\ § } )\ u ! � !m; )0 \ \ \ aZ1101 ) �\ ! j />e �\ §()((() _ \E ` �� /§ , - �2)) ozowzzzz \§ of 22 \Gaol:! :, $ ®f) E` u ! � !m; )0 \ \ \ aZ1101 ) �\ j Moo �\ (k _ \E ` �� u ! � EINII »e )0 \ \ \ aZ1101 ) �\ j C; Z & (k _ \E ` �� ■ , - �2)) \§ of 22 ±» $ ®f) E` u? ; �a ` #7 a« , § » } /w w § �[ /\ § } )\ - QC EINII »e \� aZ1101 C; Z z , - \§ of $ ®f) ; �a }� #7 a« , / ))/ /\ \§ )\ _ _ [) :: § _ a [\ m! © ; � m, \ \) /0 / 2 EXHIBIT "61" EASEMENT LOTS "G" AND "H" OF Kitchell Addition to Auburn and Tract 1 of City of Auburn Short Plat SPL 23 -77 A portion of Lots "G" and "H" of Kitchell Addition to Auburn, Volume 70, page 9 of Plats and a portion of i Tract 1 of City of Auburn Short Plat Number SPL 23 -77, recorded under recording number 7712080596, records of King County, Washington, all within Section 21, Township 21 North, Range 5 East of the Willamette Meridian, said portions described as follows: Beginning at the Northwest corner of Lot "H" of Kitchell Addition to Auburn; I Thence S 01° 42' 02" W, 53.15 feet along the West line of said Lot "H" and the East margin of Hemlock Street SoIutheast; Thence N 48 134'57" E, 35.08 feet; Thence N 85° 15' 11" E, 35.21 feet; Thence SI 89° 02' 34" E, 24.97 feet to the East line of Lot "H" of Kitchell Addition to Auburn; Thence SI 89° 02 34" E, 37.31 feet; Thence N 76° 55' 15" E, 41.23 feet; Thence S 89° 02' 34" E, 2.90 feet to the East line of Lot "G" of Kitchell Addition to Auburn; I Thence S 89° 02 34 E, 131.13 feet to the East line of Tract 1 of City of Auburn Short Plat number SPL 23 -77; Thence N 01° 25' 09" E, 16.00 feet along the East line of said Tract 1 to the South margin of Auburn Way South, State Highway 164; Thence N 89102' 34" W, 296.71 feet along the South margin of said Auburn Way South and State Highway, 164 to the Point of Beginning. The easement area contains 6,630 Square Feet (0.15 Acres) More or Less. The Bas s of Bearings for this Easement description is the line between the monument on Auburn Way South, 12I.07 feet East of the centerline of Hemlock Street Southeast and the PC monument to the East, having aJhearing of S 890 02' 34" E as shown on Auburn Waysouth Corridor Improvement Plans,Fir Street Southeast to Hemlock Street Southeast Right of Way Plans, Project number CP1119, Page 1 of 3, 1 note 4 of Survey notes. ,yn ruy e r , 19 O Cn d Z a m O A 1oe11 aun ise5 N €o Iwo V II O n Em UQV N � O m MN �N h� � K UV am OJry OD i WL m �w� NZ o ?Mc to �mC o N a mm W_ mcvK iJ_ � ds� U`tv z .0. 101 Gun Ise:] < W li N N°� m Niff N m � Nan s N`mL Uai3 n6 (O �--- m W m •- d g �- w dSro Jnm¢ m O n Un p D m �Qa a m m h m , W Al 1 aul-I 4se3 o N Nh 7 (n mNIY W Za Q �lU Qin ii aC N'- O Mm Nhm F.npm H Q o °� , SN .� U`t in �Eg cg U o-_ Y K U U ° « �.�.��U' a o l M M.Ek.10 S m m Q° ,SL "fe °3m OL F_cU I") a°. z° Y W w tt O¢ zo O_ z ~O a R m 2 U pw J w (D � w° J w wa so F r Z �w O ❑ UQ F Oz N w Z� Q J D2 tiw zul h UJ m o� Mqm z a o 0 1 Z � O z U a = C,4 W WwU W — W �� m W~Z d ii W J U W m � Qu o0 i- �_ m Ua 11 IA, lloi 3REEMENT BETWEEN THE MUCKLESHOOT INDIAN TRIBE AND THE CITY OF AUBURN FOR DESIGN AND CONSTRUCTION OF PROJECT NO. CP1119, AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS, FIR STREET SE TO HEMLOCK STREET SE This Agreement is made and entered into in King County, Washington, between the City of Auburn, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City", and the Muckleshoot Indian Tribe, a federally recognized Indian Tribe located on the Muckleshoot Indian Reservation, hereinafter referred to as the "MIT" WHEREAS, the need for corridor improvements on Auburn Way South is zed in the City's adopted Transportation Improvement Program; and, WHEREAS, the Muckleshoot Tribe owns property located along Auburn Way and, WHEREAS, both the City and the MIT share a common community interest in ng new corridor improvements on Auburn Way South between Fir Street SE and ;k Street SE; and, WHEREAS, the Washington State Transportation Improvement Board (TIB) is ed in working with the communities of Auburn and the MIT to help provide r improvements; and, WHEREAS, on September 10, 2010, the MIT approved Resolution No. 10 -233, zing the MIT to sign a joint grant application with the City and to agree to late by providing 20 percent matching funds equal to Six Hundred and Six nd and Six Hundred Dollars ($606,600); and, WHEREAS,, on August 31, 2010, the City and the MIT submitted a joint grant rtion to the TIB for the design and construction of corridor improvements along n Way South between Fir Street SE and Hemlock Street SE, including a five lane r of roadway with sidewalks, lighting, transit and storm improvements and a new signal at Hemlock St SE; and, WHEREAS, on November 19, 2010, the City was notified of award of a grant by the Washington State Transportation Improvement Board (TIB) in the amount of Two Million, Four Hundred and Twenty Six Thousand and Four Hundred Dollars ($2,426,400) for the TIB contribution to the Auburn Way South Corridor Improvements, Fir Street SE to Hemlock Street SE Project; and, Agreement CP1I119 Page 1 of 11 @ RE, D @IJGV/.",ti P-, WHEREAS, the MIT agreed to contribute Six IIundred and Six Thousand Six :d Dollars ($606,600) towards the construction of the Project; and, WHEREAS, the MIT agreed to provide at no cost public transportation, public and private utilities easements (hereinafter referred to as easements) across MIT properties as identified in Exhibit C; and, WHEREAS, the MIT agreed to execute, at no cost, right -of -entry and ction agreements from MIT owned properties as identified in Exhibit C; and, WHEREAS, the City and the MIT are entering into this Agreement, on a rent to government basis, with the intention of cooperatively and equitably ng and constructing the Project; and, WHEREAS, should the Bureau of Indian Affairs make a determination that 25 USC 81 applies to this Agreement, MIT will work with the City and the Bureau of Indian Affairs to obtain any necessary approvals. WHEREAS, the City shall secure such additional funds in excess of the TIB grant and MIT contribution to assure completion of the Project. NOW THEREFORE in consideration of their mutual covenants, conditions and s, THE PARTIES HERETO DO HEREBY AGREE as follows: OF WORK 1.1. Project Title: Auburn Way South Corridor Improvements, Fir Street SE to Hemlock Street SE Description: The Project includes design and construction of corridor improvements on Auburn Way South, between Fir Street SE and Hemlock Street SE. The Project includes a five lane section of roadway with sidewalks, lighting, transit and storm improvements and a new traffic signal at Hemlock Sheet SE. The schematic five lane roadway cross section is illustrated hi Exhibit B. The design and location of the sidewalk may vary from what is illustrated in Exhibit B, although the sidewalk width will remain a minimum of 10 feet wide. Easements necessary for the project to be provided by the MIT are identified in Exhibit C. MIT may propose alternative designs for sidewalks along its property within the Project area and those alternative designs shall be incorporated into the Project unless they affect roadway or sidewalk width. Should implementation ofMIT's proposals add to the Project costs the MIT shall cover those additional costs. Schedule: The preliminary Project schedule has design work occuring in 2011 and 2012, right of way and easement acquisition in 2012, advertisement in early CP1119 Page 2 of 11 2013, with construction starting in the Spring of 2013. Construction completion is anticipated to be complete in the 4th Quarter of 2013. 2. 1 TERMS AND CONDITIONS 2.1. Lead Agency: The City shall be the lead agency and shall be responsible for obtaining all necessary permits and/or agreements and for accomplishing all aspects of the Scope of Work set out in paragraph I above. The City shall be the contracting agent responsible for managing contracts with design and construction professionals. 2.2. Design: The City shall remain responsible for the proper design of the Project. MIT shall have the opportunity, but not the duty, to review contract plans and special provisions prior to the time that such documents are considered final by the City and prior to the time that such documents are signed by the City. The MIT shall provide its comments, within fifteen (15) calendar days of the date that the documents are submitted for MIT review. MIT shall convey the easements identified in Exhibit C and now owned by the MIT to the City no later than the date of approval of contract plans and special provisions. MIT shall execute rights -of -entry and construction agreements for properties identified in Exhibit C and now owned by the MIT to the City prior to or at final plan approval by the City. The MIT agrees to meet with the Federal Aviation Administration (FAA) as required during design regarding the FAA dedicating right of way or easements needed for the Project. .3. Construction: The City shall be responsible for the actual construction of the Project, and assuring that construction of the Project is completed pursuant to the contract terms and consistent with the terms of this Agreement. The City may, without MIT prior concurrence, approve construction contracts and changes thereof. 3. COST REIMBURSEMENT AiND FUNDING 1. Proiect Costs and Responsibilities: The responsibility for paying all costs associated with the Project shall be with the City. The MIT agrees to contribute Six Hundred and Six Thousand and Six Hundred Dollars ($606,600) toward the design, right -of -way and easement acquisition (excluding MIT properties), and construction of the Project. CPII19 Pape 3 of 11 EJ For purposes of this Agreement, the MIT and City have agreed upon a plan for the corridor improvements to Auburn Way South between Fir Street SE and Hemlock Street SE, to meet the needs of both the City and MIT. Only costs directly attributable to the Auburn Way South Corridor improvements, Fir Street SE to Hemlock Street SE Project shall be considered as Project Costs. Project Costs include, but are not limited to, the following: design engineering, right -of- way acquisition, easement acquisition, construction, permitting, inspection, contract administration services, and other cost items agreed to by the parties. Project Costs shall include costs incurred by the City prior to execution of this Agreement, but after execution of the TIB Fuel Tax Grant Distribution Agreement. The MIT shall not be liable for any Project Costs in excess of the agreed upon NET contribution of Six Hundred and Six Thousand and Six Hundred Dollars ($606,600). .2. Invoicing and Fund Distribution: Upon notification by the City that the City has committed funds to meet its payment obligations under this Agreement, the MIT shall deposit its share of the project costs ($606,600)into a bank account that Auburn can draw from to pay for work related to the project. The parties agree that costs incurred for the project will be paid proportionally by MIT and City as the costs are incurred, except as otherwise set out in this Agreement. Once funds are deposited into this account they will be unavailable for MIT until project completion or if the project is terminated early, upon termination. The account will earn interest for the MIT. To the extent that the MIT has provided construction funds that remain unexpended when the project is completed or upon termination if terminated early with funds remaining in the MIT's account, those funds, with accrued interest, shall be refunded to the MIT. At the completion of the project or termination of this Agreement the City will provide a final accounting of the funds expended. City shall indemnify and hold the MIT and its agents, employees, and/or officers, mless from and shall process and defend at its own expense any and all claims, lands, suits, at law or equity, actions, penalties, losses, damages, or costs, of rtsoever kind or nature, brought against the MIT arising out of, in connection with, or dent to the execution of this Agreement and/or the City's performance or failure to °orm any aspect of this Agreement or the construction of the Project; provided, ,,ever, that if such claims are caused by or result from the concurrent negligence of MIT, its agents, employees, and/or officers, this indemnity provision shall be valid enforceable only to the extent of the negligence of the City; and provided further, nothing herein shall require the City to hold harmless or defend the MIT, its agents, doyees and /or officers from any claims arising fiom the sole negligence of the MIT, Page;4 of 1 I agents, employees, and/or officers. No liability shall attach to the MIT by reason of ering into this Agreement except as expressly provided herein. 5 (COMPLIANCE WITH REGULATIONS AND LAWS l.3 parties shall comply with all applicable rules and regulations pertaining to them in ection with the matters covered herein. parties shall not assign this Agreement or any interest, obligation or duty therein out the express written consent fo the other party. 7. WAIVER OF SOVEREIGN IMMUNITY agrees to a limited waiver of sovereign immunity. The waiver is limited: (1) to actions ;ht by the Parties to this Agreement (City and MI(); (2) for breach, termination, cement of contract provisions, interpretation, validity thereof, including the mination of the scope or applicability of this Agreement; (3) to the extent allowed by for actual damages, that is, each Party waives the right to consequential or punitive ges; (4) to determine applicable laws; and, (5) to all actions necessary to enforce vents entered with respect to the enforcement of this Agreement if not otherwise bited by law This limited waiver is available solely to claims by City and not by any entity, entities, or any individual or third party, not a Party to this Agreement. The agrees not to invoke sovereign immunity as a defense up to the limits of the MITs .butions under this Agreement. consents to the jurisdiction of the Washington State Superior Court in the event that • Party deems it necessary to institute legal action or proceedings to enforce any right or ation under this Agreement; the Parties further agree that any such action or edings shall be brought in the superior court situated in King County, Washington. S. ATTORNEY'S FEES If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in trial court and in appellate courts. 119 ,5 of II M NOTICES All1notices and payments hereunder maybe delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the CITY• City of Auburn Public Works Director 25 West Alain Street Auburn, WA 98001 253- 931 -3010 To the MIT: Muckleshoot Indian Tribe Assistant Tribal Operations Manager Community Development 39015 172 "d Ave. S.E. Auburn, WA 98092 253 - 876 -3104 or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed, For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 10. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that it will comply withlpertinent statues, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sexual orientation, sex, age, or the presence of any sensory, mental or physical handicap be discriminated against or receive discriminatory treatment by reason thereof. 11. .1 All of the covenants, conditions and agreements in this Agreement shall extend and bind the legal successors and assigns of the parties hereto. .2. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in the county of Washington State in which the properly or project is located, and if not site specific, then in King County, Washington. of 11 11.3. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 11.4. The duration of this Agreement shall be for the period of time it reasonably takes for the performances by the parties as contemplated herein. 11.5. No separate legal entity is created hereby The identity of the parties hereto is as set forth hereinabove. 11.6. The performances of the duties of the parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the parties. 11.7. Unless ajoint oversight and administration board is created as provided herein, the oversight and administration of the Agreement shall be by the respective named representatives identified in Paragraph 9 hereof, or their designees. 11.8. No provision of this Agreement shall relieve either party of its obligations and or responsibilities imposed by law. 11.9 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such covet determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time the City shall have the right to terminate the Agreement. 11.10. This Agreement constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. t 1.11. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. `1.12. Copies of this Agreement shall be filed with the King County Auditor's Office; Provided that as an alternative, the Agreement may be listed by subject on the City's web site or other electronically retrievable public source. 19 7 of1I A'1 WITNESS TO THE TERMS OF THIS AGREEMENT, the parties hereto have cuted this Agreement: KLESHOOT INDIAN TRIBE CITY OF AUBURN pfir,ion Peter B. Lew s, Mayor leshoot Tribal Council Date: OCT 2 0 2011 r! L3 19 8 of11 AS TO FORM: ATTEST: r� Da 'elle Daskam, City Clerk Date: 10,12-1-111 '7 fC° Exhibit A - Vicinity Map 1 , � ; . ! rf 7 -8 o 0° I SCALE: NOT TO SCALE Agreement - Exhibit A CP1119 Page 9 of 111 EC SITE SITE AN. r AUBURN WAY SOUTH VICINITY MAP Exhibit B - Schematic Road Section AUBURN WAY SOUTH (SR -164) FIR ST SE TO HEMLOCK ST SE M;u STREET STREET m A ran i TREE TREE uD O o CONCRETE CONCRETE 0 Cz IA SIDEWALK SIDEWALK CIA zi ml /� CURB & mi 2 II / GUTTER i GUTTER 14' SHARED I 11' LANE 111' LANE OR -10, 0.5' 41 Agreement l- Exhibit B CP1119 Page 10 of X11 30.5' 11' LANE I14' SHARED LANE 10' 30.5' 0.5' 41' AV'f BU — xi� AUBURN WAY SOUTH svNx,.moN ROADWAY SECTION IC'U Si: C a ^r' W n U I / PARCEL NO 202105 -9024 2904 AUBURN WAYS .Y �_- .�T MIT d3 s AUBURN WAY S � �.�r�rwrww.wrrrwr.ww..r.�� PA§M U) I— w w --r+ wws..n�. W r Z } 1 2l w . ,ate AUBURN WAYS .� CI PARCEL NQ '�21� -9�i0 3101 AU8(MiN WAY 5 NOTES: ONM sums 1. PLAN IS PREUMMARY AND SUBJECT TO CHANGE DURING DESIGN. 2. APPROXIMATE LOCATION OF EXISTING RIGHT OF WAY IS SHOWN. ADDITIONAL RIGHT OF WAY ANDIOR PERMANENT TRANSPORTATION & UTILITIES EASEMENTS ARE NEEDED ALONG THE PROJECT CORRIDOR, LEGEND: APPROXIMATE EASEMENTS NEEDED FROM MIT. APPROXIMATE AREA FOR RIGHT -OF ENTRYAND r CONSTRUCTION AGREEMENTS NEEDED FROM MIT. ANJIU-4,10-� AUBURN W. WASHINGTON ff �r rw�w r.rrr�rr r r rr �..sww r rrr AUBURN WAY 5 r �w w w r w r r r r r r w r w w rrrr . w� 'J HAPROJNCP1119 -AWS FIR TO HEMIOCKIAGREEMENTSXMUCKL -SHODi CITY OF AUBURN V WAY SOUTH CORRIDOR IMPROVEMENTS, FIR ST SE TO HEMLOCK ST SE DATE: 7/8/11 SM V"U'alN p3075 WADY AAU31M 1VMYQSf•'� M: _ ...... I � m MAYS w - - - - - -- - -- —I - -s r -mss w LU Z U DM WX P 3Rfk utaWWR Q Nf.l P� WAY • S PARSEI. W. 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'1 Exhibit D: Auburn Way South Pedestrian and Corridor Improvements Dogwood Street SE to Hemlock Street SE - - - - -- - -- -- - - - - - -- r-------T-------- I I LL I I I I _ —_ ' L- - - - --- ! }III III _f._— _-- __-- _— _ —___i I I I W I N / CN C / Sherwood Garden Apartments I FAA Employment jCenter I LEG ha 2� V C c i f rian and Corridor Improvements Hemlock Street SE I -- — I — — — —r— — — I I — r--- - - - - -� I I L---------- I - - - --- I I I I W I I , I I I I , W I I i I I I I i I I I I __._____________ J 111111 • _ I I I 1 _ —_ —_ —_ ____. _�c,___________ _____}____ __________ ' BUflN _'r - - AY SOUTH lSR 1601 .- - `� ....,. -. . ■ 1111111 I Utility I Undergroundin� r Limits FAA Employment I I MFr Center i I- - - - - -J DeveQment �-- - -- --- I i I I I LEGEND (1�Q Bus Stop to be Removed /Relocated d New /Relocated Bus Stop New Traffic Signal Access Management Curb Access Management Island gU -turn Access to be Provided