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Home My WebLink About649 s yy . RESOLUTION N0. 6 4 9 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY AND NEELY ENTERPRISES, INC. PROVIDING FOR AN EASEMENT FOR A STORM SEWER OUTFALL LINE ON THE NEELY ENTERPRISES PROPERTY. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: THAT the Mayor of the City of Auburn, Washington, be and he is hereby authorized and directed to sign, on behalf of the City, an agreement between the City and Neely Enterprises, Inc., providing for an easement for a storm sewer outfal1 line on the Neely Enterprises Property. A copy of said agreement is attached hereto and denominated as Exhibit "A" and made a part hereof as though set forth in full herein. DATED and SIGNED this 16th day of September, 1974. CITY OF AUBURN . , YOR ATTEST: City Clerk 9-13-74 s,..r, . , . . - . . . ` ...r,s• . . . . . . . . . 7 .c,s,. . _ , . . . . . . ' , - . . . . . . SCHNEIDER. SMYTHE, SALLEY S, 'VAN SICLEN . . ATTQRNEYS AT LAW L.Y':E Fi :>C:HNEIf`ER . !!j F'il'i5i 5TREE7 NURiHfA':i! . F70eF9T M. 5MVTHE . . . ~ ELF_F'~iOrJF'; Jr.MES i- sn~LEV AUBURN, WASHINGTON 46002 !f-Mi'i.E ROBERT C. VAN S(CLEN 'ERNqrd t'J--26FaQ Ju I Y 2, 1974 Mr. George A. Schuler Di rector City of Auburn 20 A Northwest Auburn, Wash i ngton 98002 Re: Easement for storm sewer on Nee I y Enterpr i ses, I nc. Property Dear Mr. Schuler: The officers of Neely Enterprises, Inc. have gone over i the stipulations of your letter of May 6, 1974. Dr. Neely has made certain changes thereto and has requested we set forth these conditions as follows in consideration for the granting of a 10 foot wide easement with the following work to be accom- plished by the City with no cost to Neely Enterprises, Inc. 1. City will install a 42 inch storm sewer with a proper flood gate and maintain the same without charge to Property Owner. 2. The ditchline after the installation of the storm sewer will be graded and seeded with ! grasses similar to what exists adjacent to the ditch l i ne. i 3. The City will remove the soil from the pasture land that washed down the hillside by the existing storm sewer outfall Iine. 4. The Auburn Academy will connect all existing storm sewer outfall lines to the new storm drain Iine that is now dis- charging storm water over the bank onto said property. This is storm water generated from the Academy buildings and parking areas. i , . . ~ . . - : Mr. George A. 5chu I er JuI y 2, (974 Page Two 5. I n order to protect the water supp I y I ocated on the hi I Iside adjacent to the. property, the City wi I I instal I at its expense, a 7 foot high heavy gauge cyclone wire fence with four strands of barbed wire along the top thereof which will be installed around tNle two existing water tanks and the springs above the tanks into one fenced area„ City to install a4 foat wire gate with lock thereon and a key to Owner - all to discourage van-- dalism. Said fence to be maintained by City. 6. Owner has the r i ght to connect other and future storm drains from time to time to the storm sewer iine that will serve its property without charge to Owner. 7. The City wiil connect the 6 inch drain tile af Owner t o the 42 inch main line at a point 70 feet from the manhole on the field side of the dike for drainage to 6reen River so it will drain at a I I t i mes i~.s S. City will connect all existing drain tile lines of Owner to the 42 i nch mai n I i ne 9. City will leave the 12 inch line where it is now bcated y 10. City agrees to: a. Remove the manhole in the middle of the field. b. Bring the 42 inch main Iine so the top of the same is 12 'f"inches below the surface of the ground. c. Maintain the 42 inch main line at all times„ II. This agreement shall inure to the benefit of Owner, its heirs, successors and assigns. 12, Auburn Adventist Academy is to sign the enclosed easement for access to and use of its tank and does agree that Owner and/or City may cut trees at any time which endan9er the water system described in Paragraph 5 hereinabove. L'_„ . . . . . . . . . . w=~'. ~ . . . . 1 . . Mr, 6eorge A. Schuler .1u i y 2, 1974 Page Three 13. City is to cut down the marked (arge trees as designat d,I by Ow ne r. Ci ty shal 1 have the ri ght to di spose of the trees i n any manner which city deems feasible. lf these conditions meet with Y°pement , althis lowing tthe City be attached to and become a part of th~ ea to construct the storm sewer. Very truly yours, Sr'L9`NE ( DER, SMYTHE, SALLEY ~ VA N SI ~EN ~ L~,~e R« Sc~ne i der F~~torney for Nee I y Enterpr i ses, I nc. Accepted by: C I TY 0 LIB URN ~ BY ALIBI.IRN ADVE TIST ACADEMY 1 ~ e 1 B .....~a~ ~ ~ . c~- y NEELY ENTERPRISES, INC. _..5~-~----,-~`= ~ Pres i dent ` lJ ~ ~ • -A Secretary , P.S. We will need a copy of this Ietter returned with the proper si gnatures of representat i ves of the City ofAuburn and the Auburn Adventist Academy. LRS STATB OF F+IASHING7.'C1N ) ) ss. COIJNTY GF .nING ) I, Dawn L. IiceTson, the duly at)po.znted, _ryualified and actinc,r City Cl.erk of the City of Aubu.rn, a 1^.unic.ipal Coiporat.ian and Co:?e Ci.ty, s.ituate in the County of 1Cing, Si:ate of GTa-silingtan, do hereby rerL-ify that the for.eyving is a fu.Z1, true ancl carxect copy of Resolution No. 649 entit.led, "A Ii.ESOLUTION . OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY AND NEELY ENTERPRISES, INC., PROVIDING FOR AN EASEMENT FOR A STORM SEWER OUTFALL LINE ON THE NEELY ENTERPRISES PROPERTY." 1" furtner cert.ify that said Resvluti.on Dla. 649 was du1y passed by the Counci-7 and approved by the lljau,or. of 'the said Cii-y of Iiuaurn, on the 16th day of September , A. D., 19 74vs WITl1F,'S5 my hand and tl,e official seal of the City of Auburn, this 16th day of September ,-71.D. , 19 74 F~-- CITY CLER~K/OF-~'.'H CZTY Oi FiIIBUl~'N /