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
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