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HomeMy WebLinkAbout3595 RESOLUTION NO. 3 5 9 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF OWNERSHIP OF A PORTION OF EMERALD DOWNS DRIVE FROM THE MUCKLESHOOT INDIAN TRIBE TO THE CITY OF AUBURN AS PUBLIC RIGHT-OF-WAY WHEREAS, in connection with the development of the Emerald Downs Racetrack, the City of Auburn entered into a Contingent Dedication Agreement between the City of Auburn and La Terra Limited Partnership, a Washington limited partnership, which agreement provided for the dedication of a portion of Emerald Downs Drive, and which Agreement was filed with the King County Recorder's Office, under File Number 9505161198; and WHEREAS, in furtherance of the Contingent Dedication Agreement, and as an exhibit to the Contingent Dedication Agreement, the parties also executed a Contingent Deed of Dedication, both of which agreements were binding on the heirs, assigns and successors of the parties; and WHEREAS, the Contingent Dedication Agreement and the Contingent Deed of Dedication authorized the City of Auburn to accept the dedication of a portion of Emerald Downs Drive for road purposes together with all improvements located thereon, upon the occurrence of certain conditions; and WHEREAS, among the conditions set forth in the agreements were the following: Resolution No. 3595 April 14, 2003 Page 1 5. Dedication of the Entire On-Site Riqht-of-Way Dedication of the entire On-Site Right-of-Way shall occur when each of the following conditions are met: a. Grantee (the City) has determined that any two (2) of the following arterial corridors reach LOS D or below (as determined by actual traffic counts conducted in such corridors) for the arterial corridor. i. 15th Street NE/NW, Auburn Way North to West Valley Highway ii. 37th Street NE/NW, Auburn Way North to West Valley Highway iii. S 277th/52nd Street NE, Auburn Way North to West Valley Highway iv. Auburn Way North, 15~h Street NE to 52nd Street NE v. West Valley Highway, 15th Street NW to S. 277th Street vi. B Street NW, 15th Street NW to South 277th Street and b. Grantee has determined that the portion of the planned north/south arterial from 15th Street NW to 37th Street NW is needed to serve the traffic circulation needs of Grantee. Such determination will be made as follows: i. When condition 5.a above is met, Grantee will perform an analysis to determine if a public arterial is needed through he project site from 15th Street NW to 37th Street NW to serve the traffic circulation needs of Grantee. If the analysis indicates that the arterial is needed, the Auburn City Engineer shall provide the analysis to the Grantor (La Terra Limited Partnership), who shall have sixty (60) days to review and comment. After the comment period, the Auburn City Engineer shall prepare a recommendation to the Auburn City Council. The Auburn City Council shall determine whether the arterial is needed. c. Grantee has selected the alignment of the right-of- way to be dedicated pursuant to this instrument, which alignment may be either the alignment described in Exhibit B-1 or the alignment described on Exhibit B-2. Grantee agrees to review in good faith, information which may be provided by Grantor concerning the desirability of selecting either alignment. If the Resolution No. 3595 April 14, 2003 Page 2 alignment described in Exhibit A-1 has already been selected by Grantee pursuant to Section 4.b hereof, then Grantee's right to select the alignment described on Exhibit B-2 shall be deemed null and void and of no further force of effect and Grantee shall be obligated to select the alignment described on Exhibit B-1. If the alignment described on Exhibit A-2 has already been selected by' Grantee pursuant to Section 4.b hereof, then Grantee's right to select the alignment described on Exhibit B-1 shall be deemed null and void and of no further force of effect and Grantee shall be obligated to select the alignment described on Exhibit B-2. d. If Grantee selects the alignment described on Exhibit B-l, then Grantor shall be obligated to provide a concrete curb, gutter and sidewalk on the easterly side of the "On-Site Roadway" in the "Curved Center Section," to match the concrete curb, gutter and sidewalk initially constructed on the "North Straight Section" (as those terms in quotations ( .... ) are defined in Ordinance No. 4689). Grantee shall provide Grantor written notice of its selection of the alignment described on Exhibit A-l, and Grantor shall have one hundred eighty (180) days from the date upon which applicable permits have been granted, provide said concrete curb, gutter and sidewalk. e. A right-of-way use permit shall be issued by the City of Auburn to facilitate mutually acceptable uses of portions of the public right-of-way for the Grantor's purposes, and shall address access to and within the project site during any construction activities performed by or on behalf of Grantee within the On-Site Right-of-Way, the location of security fencing, driveways and gates, and provisions for traffic control including at a minimum, temporary lane clOsures and use of reversible lanes. f. The determinations of Grantee, the Auburn City Engineer, the issuance of the right-of-way use permit, and the selections of the Grantee as described in Sections a. through e. above, shall be deemed effective for purposes of this Contingent Deed of Dedication not sooner than the date upon which they have been set forth in a written Resolution duly made and entered by Grantee setting forth the action taken and referring specifically to this instrument, and such Resolution has been recorded in the office of the King County Auditor; and Resolution No. 3595 April 14, 2003 Page 3 WHEREAS, the City Engineer has evaluated the above condition and has determined that the conditions on which the dedication of the Entire On-site Right-of-Way is contingent have been met; and WHEREAS, the City Engineer requests and recommends to the City Council and that it find and determine that the conditions on which the dedication should occur have been met; and WHEREAS, the Contingent Dedication Agreement authorizes the City to select optional alignments for the alignment of Emerald Downs Drive; and WHEREAS, the City recognizes and appreciates that future changes or improvements to Emerald Downs Drive may have impacts on owners and/or occupants of real property adjacent to said Right-of-Way of Emerald Downs Drive, and their use thereof, that warrant consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the City Council finds and determines that the conditions on which the dedication of Emerald Downs Drive as a City Street shall occur have been met. Section 2. That prior to the City taking any action to open, change the use of or improve the Right-of-Way of Emerald Downs Drive as a City Street, the Public Works Committee of the Auburn City Council shall consider any such plans or proposals. Resolution No. 3595 April 14, 2003 Page 4 Section 3. That the Mayor is hereby authorized to accept the Curved Alignment of the Entire On-Site Right-of-Way for Emerald Downs Drive, and the Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of ATTEST: ,2003. CITY OF AUBURN PETER B. LEWIS MAYOR City Clerk APPROVED AS TO FORM: City Attorney Resolution, No. 3595 April 14, 2003 Page 5