HomeMy WebLinkAbout5577ORDINANCE NO. 5577
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE AUBURN REGIONAL MEDICAL
CENTER (ARMC) AND THE CITY OF AUBURN AMENDING CITY
ORDINANCE NO. 5388 TO ALLOW FOR THE VACATION OF RETAINED
SANITARY SEWER EASEMENTS.
WHEREAS, the City Council of the City of Auburn, Washington, passed
and adopted Ordinance No. 3573, ordaining that an alley be vacated while an
easement be retained for the maintenance and operation of a public sewer
system, providing that if a building is constructed over the vacated alley then
the ARMC, their heirs, or assigns shall enclose the existing sanitary sewer
system within a protective pipe for the portion of the sanitary sewer under said
building and ARMC shall be responsible for any repair or maintenance of said
sanitary sewer; and
WHEREAS, the ARMC has since constructed a building over the alley
vacated by City Ordinance No. 3573 and they have encased the sewer pipe
within a protective sleeve and assumed over the responsibilities for repair and
maintenance of the sanitary sewer system; and
WHEREAS, the subject sewer system provides service to the ARMC
together with a business property located at 29 15t Street NE; and
Ordinance No. 5577
September 5, 2001
Page 1
WHEREAS, the City Council of the City of Auburn, Washington, have
passed and adopted Ordinance No. 5388, ordaining that another alley be
vacated adjacent to the ARMC, while an easement be retained for the
maintenance and operation of the public sanitary sewer system; and
WHEREAS, the ARMC is seeking to construct a building over the alley
vacated by Ordinance No. 5388 and desires to have the encumbering sanitary
sewer easements removed; and
WHEREAS, the City is seeking to clarify ARMC's responsibility for
maintaining the sanitary sewer system in order to allow for the vacation of said
existing easement restrictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, DO ORDAIN
AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute an Agreement between the ARMC and the City
relinquishing sanitary sewer easements and establishing responsibility for the
maintenance, repair and operation of the sanitary sewer system. A copy of said
Agreement is attached hereto, denominated as Exhibit "A" and made a part
hereof as though set forth in full herein.
Ordinance No. 5577
September 5, 2001
Page 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Ordinance shall take effect and be in force five (5)
days from and after its passage, approval and publication, as prescribed by law. �I
DATED this � / day of September, 2001.
ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
ichael J. Reynolds
City Attorney
PUBLISHED:
Ordinance No. 5577
September 5, 2001
Page 3
9-41-0
INTRODUCED: September 17, 2001
PASSED: September 17, 2001
APPROVED: September 17, 2001
CHARLES A. BOOTH
MAYOR
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Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein)
1 Side Sewer Maintenance Agreement Easement Release
Reference Number(s) of Documents assigned or released
tto) i-► _
Additional reference Ws on page of document FILED BYPNV+t!'
WILq-1-12
Grantor(s) (Last name first, then first name and initials)
1 Auburn, City of
Shoo OUGUFF'a
WA
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o Grantee: (Last name first) ;=1ned 9
as to Proper exec oi ,,
cca I 1 Auburn Regional Medical Center rpon tRfs
Legal Description (abbreviated i e lot, block, plat or section, township, range)
NE 13-21-4 and NW 18-21-5
Additional legal is on page 8 of document
Assessor's Property Tax Parcel/Account Number
049200-0420, 049250-0110, 049200-0455, 049250-0240
Cl Assessor Tax # not yet assigned
EXCISE TAX NOT REC'JIPED
Cecortls Ue ..,n
\ Dep,.ty
SIDE SEWER MAINTENANCE AGREEMENT
EASEMENT RELEASE
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THIS AGREEMENT, made and entered Into this �= day of September,
2001, by and between the City of Auburn, a municipal corporation of King County,
Washington, hereafter called the CITY and AUBURN REGIONAL MEDICAL
CENTER, hereafter referred to as ARMC, whose address is Plaza One, 202 North
Division Street, Auburn, Washington 98001-4908.
WITNESSETH:
WHEREAS, the City Council of the City of Auburn, Washington, passed and
adopted Ordinance No 3573, ordaining that an alley be vacated while an easement
be retained for the maintenance and operation of a public sewer system, providing
that if a building is constructed over the vacated alley then the ARMC, their heirs, or
assigns shall enclose the existing sanitary sewer system within a protective pipe for
the portion of the sanitary sewer under said building and ARMC shall be responsible
for any repair or maintenance of said sanitary sewer, and
WHEREAS, the ARMC has since constructed a budding over the alley
Q, vacated by City Ordinance No 3573 and they have encased the sewer pipe within a
C2 protective sleeve and assumed the responsibilities for repair and maintenance of the
o sanitary sewer system, and
a
WHEREAS, the subject sewer system provides service to the ARMC together
N with a business property located at 29 1" Street NE, legally and pictorially described
0 on Exhibit 1, which is attached and incorporated by reference herein, and
c WHEREAS, the City Council of the City of Auburn, Washington, passed and
N adopted Ordinance No 5388, ordaining that another alley be vacated adjacent to the
ARMC, while an easement be retained for the maintenance and operation of the
public sanitary sewer system, and
WHEREAS, the ARMC is seeking to construct a building over the alley
vacated by Ordinance No 5388 and desires to have the encumbering sanitary sewer
easements removed, and
WHEREAS, the City is seeking to clarify the ARMC's responsibility for
maintaining the sanitary sewer system in order to allow for the vacation of said
existing easement restrictions, and
Auburn — Auburn Regional Med cal Center
Side Sewer Maintenance Agreement — Easement Release
Exhibit A, Ordinance No. 5577 Page 1 of 9
WHEREAS, this agreement is to be recorded as a burden to real property
owned by the ARMC, legally and pictorially described as ARMC property, on Exhibit
1, which is attached and incorporated by reference herein, and
NOW, THEREFORE:
IT IS HEREBY AGREED by and between the parties hereto as follows
Section 1. in consideration of ARMC's commitment to operate and maintain the
sanitary sewer facilities that current provide service to the ARMC and the property
located at 29 1s` Street NE the City shall vacate the retained utility easement
established by City Ordinance No 5388, Section 2
Section 2. The City shall vacate all rights it may own or posses to the existing
sanitary sewer main located upon the subject property described on Exhibit 1. The
City's responsibility and ownership for the sanitary sewer system shall begin at
Auburn Manhole # 708-73, located within a public sanitary sewer easement along
the east side of North Division Street The sewer pipe that extends from this
manhole east and south across the ARMC's property shall be considered a side
sewer to be maintained and operated by the ARMC The ARMC shall take
responsibility for the operation and maintenance of the sanitary sewer line located
upon its property that serves ARMC -facilities along with service to 29 1" Street NE
Section 3. ARMC shall be responsible for the operation, maintenance, repair and
relocating of the sanitary sewer pipes located upon its property, described on Exhibit
C3 1 as necessary to meet the requirements of this agreement ARMC shall maintain
o sewer service from its facilities along with service from 29 1" Street NE (Parcel
#049250-275) for that portion of the line located on the ARMC property ARMC
reserves the right to relocate the sewer line that provides service to 291" Street NE
o at its sole expense, provided that such relocation is in a manner acceptable to the
.— City and meets current City standards The City shall review and approve all plans
o for relocation of ARMC's sewer lines prior to implementing any construction The
n ARMC shall be required to keep existing sanitary sewer services active during any
relocation efforts.
Section 4. ARMC is not responsible for maintaining the side sewer that services
29 101 Street NE as it extends off of ARMC's property Prior to repairing, relocating or
replacing any portion of their respective side sewers the ARMC and the owner of
property located at 29 V Street NE will be required to obtain a side sewer repair
permit from the City Restoration for work associated with any repair shall be per
existing City standards In consideration for the City's release of easement
restrictions described in Sections 1 and 2 above, ARMC is assuming responsibility
Auburn — Aubum Regional Medical Center
Side Sewer Maintenance Agreement — Easement Release
Exhibit A, Ordinance No. 5577 Page 2 of 9
for maintaining the sewer system upon its property This includes correcting
problems associated with broken, collapsed, and plugged pipes
Section 5. The City shall notify ARMC by telephone of any complaints received
about the proper function of the subject sewer line ARMC's sewer service
representative or contractor shall respond within two hours of notice to investigate
and undertake maintenance work to restore proper function of it's portion of the
sewer line ARMC shall provide an emergency contact person available 24 hours
per day, including holidays and weekends, for the purpose of receiving all service
inquiries and responding to all sewer service complaints whether received from the
property owner at 29 16' Street NE or from the City The primary contact person
assigned to this task is noted as follows-
cm
Contact at ARMC.
Matt Counas
o
Position
Support Services Director
Telephone number.
(253) 333-2549 (W)
(253) 352-7038 (H)
o
Pager / Mobile phone.
(253) 804-1710
Address*
Plaza One
202 North Division Street
o Auburn, WA 98001-4908
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ARMC shall notify the City of any changes in the contact data initially provided in this
agreement at least three working days prior to implementing said change
The ARMC shall provide notification to the City's sewer supervisor within 24 hours of
any complaints received and provide a follow-up written report to detail the findings
of why a complaint was issued Said report shall include photographs and a detailed
report on any damages that may have been incurred or been reported at 29 Is'
Street NE tt is the ARMC's responsibility to keep accurate records of all action
taken to maintain proper service and provide said records, upon request, to the City
The City retains the right to take emergency action to attempt to contain potential
health problems that may come to the City's attention after providing ARMC notice
and a reasonable time to correct the problem The ARMC agrees to reimburse the
City for all costs incurred for emergency work performed for the benefit of the subject
side sewer
Section 6. if in the future sewer service is no longer required through the ARMC
property for the property at 29 - 1st Street N E., then said service will be abandoned
in compliance with the regulations of the City of Auburn. The ARMC may, at that
Auburn - Auburn Regional Medical Center
Side Sewer Maintenance Agreement - Easement Release
Exhibit A, Ordinance No 5577 Page 3 of 9
time, request a release from the City and the City will grant such a release if
alternative sewer service is available to the property at 29 1st Street N E
Section 7. ARMC agrees to protect, defend, and indemnify the City, its officers,
officials, employees and agents from any and all costs, claims, judgments and/or
awards of damages, ansing out of or in any way resulting from ARMC's default,
failure of performance to provide sanitary sewer service across its property to the
property at 29 1" Street NE, or negligent conduct associated with this Agreement, by
ARMC, its employees, subcontractors or agents. ARMC agrees that its obligations
under this provision extend to any claim, demand, andfor cause of action brought by
or on behalf of any of its employees, or agents The foregoing indemnity is
a, specifically and expressly intended to constitute a waiver of ARMC's Immunity under
o Washington's Industrial Insurance Act, RCW Title 51, as respects the City only, and
0 only to the extent necessary to provide each party with a full and complete indemnity
of claims made by the other party's employees The parties acknowledge that these
N provisions were specifically negotiated and agreed upon by them
o Section 8 In the event that sewer service to the property at 29 1 st Street NE fails to
o function to City standards, as determined by the City, ARMC agrees to make the
CV necessary improvements to meet and comply with the City's design and construction
standards to re-establish service If after notice by the City the ARMC fads to meet
said standards within a reasonable, pre -determined at the time of the Incident, time
frame then the City may complete the required improvements and seek
reimbursement from the ARMC Failure to pay said fees would result In a lien on the
ARMC's property noted on Exhibit 1 of this agreement
Section 9. This Agreement constitutes the entire agreement of the parties
regarding the subject matter hereof, and there are no other representations or oral
agreements other than those listed herein, which vary the terms of this Agreement.
Future agreements may occur between the parties to transfer additional or future
service areas by mutual agreement
Section 10. This Agreement shall be governed and construed by and in accordance
with the laws of the State of Washington. In the event that suit is brought by a party
to this Agreement, the parties agree that jurisdiction of such action shall be vested
exclusively in the King County Superior Court for the State of Washington
Section 11. This agreement shall be recorded as a burden against the ARMC
property and be enforceable by the City This agreement shall run with the land until
such time as the conditions of Section 6 are met and the City thereby approves a
release All of the terms and provisions contained herein shall inure to the benefit of
and shall be binding upon the parties hereto and their respective heirs, legal
Auburn -Auburn Regwnal Medical Center V
Side sewer Maintenance Agreement - Easement Release
Exhibit A Ordinance No. 5577 Page 4 of 9
representatives, successors and assigns. This Agreement shall not be assigned by
ARMC or its heirs, legal representatives, successors and assigns without the express
written consent of the CITY, which consent shall not be unreasonably withheld,
delayed or conditioned Any attempted assignment in violation of this Section shall
be void
Section 12. Insurance. GRANTEE shall maintain in full force and effect throughout
the term of this agreement Commercial General Liability insurance in an amount of
not less than $5,000,000 per occurrence, $5,000,000 General Aggregate and
000 000 Products/Com leted Operations Aggregate. The Commercial General
CITY OF AUBURN
Approved by Ordinance No 5577 of the City of Auburn, Washington, at its regular
meeting held on the 17th day of SgptpmhPr 2001
By:
��A rekYOA. Y�!
Charles A Booth, Mayor
City of Auburn
Auburn - Auburn Regional Medical Center
Side Sewer Maintenance Agreement - Easement Release
Exhibit A Ordinance No. 5577 Page 6 of 9
$5, , P
Liability insurance policy shall contain or be endorsed to include the following
o,
1
Products and Completed liability operations coverage
,.
2
Contractual liability coverage
o
3
Cross liability / Severability of interest
M.
4
Broad form property damage
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5
Occurrence form
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6.
Independent contractors coverage
o
7.
No X, C, or U (explosion, collapse, or underground) exclusion
8
CITY named as additional insured.
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Section 13.
Nothing herein shall be construed to alter the rights, responsibilities,
liabilities, or
obligations of either ARMC or Auburn regarding provision of sewer
service, except as specifically set forth herein
CITY OF AUBURN
Approved by Ordinance No 5577 of the City of Auburn, Washington, at its regular
meeting held on the 17th day of SgptpmhPr 2001
By:
��A rekYOA. Y�!
Charles A Booth, Mayor
City of Auburn
Auburn - Auburn Regional Medical Center
Side Sewer Maintenance Agreement - Easement Release
Exhibit A Ordinance No. 5577 Page 6 of 9
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Attest:
/IXIL(A1_�bN�U�A
Danielle Daskam, City Clerk
Auburn Regional Medical Center
A roved as to form:
12
Michael Reynolds, I Attorney
V. P.
• • 1//• T,•��
On thts�_ day or�p,� u�t�an 2001, before a ry Public In nd
for the State of Washtngto , personally appeared
personally known to me (or proved to me on the basis o saU acto}y evidence) to e
the person who executed this instrument, on oath sta a ,that was authorized to
execute the instrument, and acknowledged It as the
of AUBURN REGIONAL MEDICAL CENTER, INC. to be the free and volun ary act
and deed of said corporation for the uses and purposes mentioned In the Instrument,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written
'\1'M%y
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My appofintment expires 9� I i7-
Print Name 1ela ni')e �&A I/e e:
Auburn - Auburn Regional Medical Center
Side Sewer Maintenance Agreement - Easement Release
Exhibit A Ordinance No 5577
Notarial Upper Motion
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Page 6 of 9
EXHIBIT 1
ARMC Property
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M AND
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M, KING
COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST MARGIN OF
NORTH DIVISION STREET WITH THE NORTH MARGIN OF 1ST STREET
y NORTHEAST, SAID POINT ALSO KNOWN AS THE SOUTHWEST CORNER OF
o THAT PORTION OF SAID NORTH DIVISION STREET VACATED BY THE CITY OF
o AUBURN MARCH 3, 1891,
m THENCE NORTH 0000'00" EAST, ALONG THE WEST MARGIN OF SAID
C= VACATED PORTION OF NORTH DIVISION STREET, A DISTANCE OF 336 00
FEET TO THE SOUTHWEST CORNER OF THE NORTH 30 FEET OF THAT
PORTION OF VACATED 2ND STREET NORTHEAST AS VACATED UNDER CITY
o OF AUBURN ORDINANCE NO 4458, RECORDED UNDER RECORDING NO.
`" 9010051318,
THENCE NORTH 0009'20" WEST A DISTANCE OF 24 83 FEET TO THE
NORTHWEST CORNER OF PARCEL B OF LOT LINE ADJUSTMENT NO LLA
0017-93, RECORDED UNDER RECORDING NO. 9406131351,
THENCE ALONG THE NORTH LINE OF SAID PARCEL B, NORTH 89052'18"
EAST, A DISTANCE OF 72.00 FEET TO THE WEST LINE OF PARCEL C OF SAID
LOT LINE ADJUSTMENT NO. LLA 0017-93,
THENCE ALONG THE WEST LINE OF SAID PARCEL C, SOUTH 0009'20" EAST A
DISTANCE OF 24 83 FEET;
THENCE CONTINUING ALONG THE WEST LINE OF SAID PARCEL C, SOUTH
0000'00" EAST 24 17 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL C;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL C NORTH 89052'18" EAST
183.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL C;
THENCE ALONG THE WESTERLY MARGIN OF "A" STREET NORTHEAST,
SOUTH 0°00'00" EAST 5 76 FEET TO THE NORTH LINE OF BLOCK 3 OF
SUPPLEMENTAL PLAT OF BALLARD'S PARK ADDITION TO SLAUGHTER,
ACCORDING TO PLAT RECORDED IN VOLUME 8 OF PLATS AT PAGE(S) 85, IN
KING COUNTY, WASHINGTON
Exhibit 1
Aubum - Aubum Regional Medical Carder
Side Sewer Maintenance Agreement - Easement Release
Page 1 of 3
Exhibit A Ordinance No 5577 Page 7 of 9
THENCE ALONG THE NORTH LINE OF SAID BLOCK 3, NORTH 89051'25" EAST
21124 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 3-,
THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 3, SOUTH 19026'15"
WEST, 197.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH 66 00 FEET
OF LOT 7 OF SAID BLOCK 3;
THENCE ALONG THE SOUTH LINE OF THE NORTH 66.00 FEET OF SAID BLOCK
7, SOUTH 89051'25" WEST 95 54 FEET TO THE EAST LINE OF THE EAST 60 00
FEET OF THE WEST 180 FEET OF SAID LOT 7,
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o THENCE ALONG SAID EAST LINE, NORTH 0000'00" EAST, 36 00 FEET,
o THENCE PARALLEL WITH THE NORTH LINE OF SAID BLOCK 3, SOUTH
`x' 89°51'25" WEST 30 00 FEET,
o THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 7, NORTH 00000'00"
EAST 24.00 FEET;
Q:) THENCE PARALLEL WITH THE NORTH LINE OF SAID BLOCK 3, SOUTH
''v 89°51'25" WEST 20.00 FEET;
THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 7, NORTH 00000'00"
EAST 6 00 FEET,
THENCE PARALLEL WITH THE NORTH LINE OF SAID BLOCK 3, SOUTH
89051'25" WEST 10 00 FEET,
THENCE ALONG THE WEST LINE OF SAID LOT 7, SOUTH 00000'00" EAST
185 84 FEET TO THE NORTH LINE OF 1 ST STREET NORTHEAST,
THENCE ALONG THE NORTH MARGIN OF SAID IST STREET NORTHEAST,
SOUTH 89049'10" WEST 245 00 FEET TO THE POINT OF BEGINNING
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON
29 1st Street NE (Parcel # 049250-275)
THE EAST 60 FEET OF THE WEST 180 FEET OF THE SOUTH 156 FEET OF LOT
7, BLOCK 3, SUPPLEMENTAL PLAT OF BALLARD'S PARK ADDITION TO
SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 8
OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON.
Exhibit 1
Auburn — Auburn Regional Medical Center
Sde Sewer Maintenance Agreement - Easement Release
Page 2 of 3
Exhibit A Ordinance No. 5577 Page 8 of 9
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Auburn—Auburn Regional Medical Center
Side Sewer Maintenance Agreement — Easement Release
Exhibit A Ordinance No 5577
Page 9 of 9
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