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HomeMy WebLinkAboutMuckleshoot Indian Tribe~ ~, ~~,R SERVICE ACCESS AGREEMENT THE MUCKLESHOOT INDIAN TRIBE does hereby authorize the CITY OF AUBURN, a Washington municipality, to install street, storm or other associated public/private facility as outlined in the Facility Extension Agreement #FAC06-0024 and to conduct necessary maintenance over, across and under the following described real property (the "Property' herein) in KING COUNTY, Washington. As illustrated Exhibit "A-1" and described in Exhibit "A-2"attached hereto and by this reference made a part hereof. 1. Purpose. Auburn shall have the right to construct, operate, maintain, repair, replace and enlarge one or more of such facilities together with all necessary or convenient appurtenances thereto, in support of the Traffic Signal installed to provide access to Muckleshoot Bingo and Muckleshoot Smoke Shop located adjacent to the "Wynn" property @SR 164 intersection. 2. Access. Aubum shall have the right of access to the Right-of-Way over and across the Property to enable Auburn to exercise its rights hereunder, provided, that Auburn shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 3. Cutting of Brush Auburn shall have the right to cut or trim any and all brush standing or growing upon the Right-of-Way, and also the right to cut or trim any brush upon the Property which, in Auburn's reasonable judgment, could be a hazard to Auburn's facilities. 4 .Muckleshoot's Use of Right-of-Way. Muckleshoot reserves the right to use the Right-of-Way for any purpose not inconsistent with the rights herein granted, provided, that Muckleshoot shall not construct or maintain any building or other structure on the Right-of-Way and Muckleshoot shall do no blasting within 300 feet of Auburn's facilities without Auburn's prior written consent. 5. Indemnity. Auburn agrees to indemnify and hold harmless Grantor from any and all claims for injuries and/or damages suffered by any person, which may be caused by Auburn's exercise of the rights herein granted; provided, that Auburn shall not be responsible to Muckleshoot for any injuries and/or damages to any person caused by acts or omissions of Muckleshoot.. 6. Abandonment. The rights herein granted shall continue until such time as Auburn ceases to use the Right-of-Way. SERVICE ACCESS AGREEMENT Page 1 Dated : 3 ~ ~ ~O / U~ THE MUCKLESHOOT INDIAN TRIBE !1 . Charlotte Williams, Vice Chairperson Subscribed before me this ~ ~~ day of "" ` , 2007 r Dated : 3/a d CITY OF AUBURN ,~~,~~,ii1111 ~ T ~~~°'..-- ,..~fl~it~~ Print ~'/ V~1.vZ~ v~- (.~~~ f w~~s ~ ~ 1 s:• ,~~' ~ Notary Public ' alr, for the Ste of Washington -~,~,q, ° .: '~ Q ~ _ •~- ~,~~r~ esiding at ~ ~ ~'f U ~ y ti s' fly commission expires ~ ~ ~~ N~''~°°r, ~ W ,, r ~~~t~ ~~Fmri~®r~ti -~' -r By: P e Lewis, Mayor Subscribed before me this ~~ ~d y of , 2007 `d~ 4 ~ 4°,Y ~'A9. a~~1ty~1' 1~'~ ~u. ± t_ _ ,~ ~`) °~ ~. :J n ;f`3^~S0 t .~,~ ~awa~a" Print Name ~Q,WItf,Y'a !~'- ~~~'~-~~ Notary Public in and for the State of Washington Residing at ~ ~ r-~ My commission expi l 0 - 9 ' C~ / SERVICE ACCESS AGREEMENT Page 2 EXIiIBIT A -1 . ~ ~ to ~~ Ug~R \UBllj~ H. fNU~cC I t to . .~N . ~r S RQAD ~ - OtjT~ aa• ~ s .. L2 68'SQ~.. , ~ 11 .~ ~ I j~~ N' ~ ~ 4, @ `. J r 1 '11 ' - .i I ~ ~ II ~ II I, r~ ~, i , ' ~' 1 I . I.I. I , i ' - ~ ~ ' 1 1 , ' 1 ` - ~. ~ ''~'' -' , LINE TABLE I, V: ` N0. BEARING DIST. L1 S 8B'37'40'E 114.96' cu -~ '~--- UTILITY EASEMENT ra ' ~ L2 S 68.50 ' 11 ' E 259 , 66' .. I , FEE Na. 20030620002937 n I I c+~ L3 `N 21'09 `49'E 30.00 ~ . W c ~4 S 68'S0'11'E 306.21' -~ LS S 24'02'S9'Y 58.98' ."' ~ 1 L6 S 24'02'S9'V 415.58' .~ I .I a+ ~ ~ ?' L7 N 82' 4'1 ' 10 ' V 368.66 ' ' ' ~ L8 N O1'S4'06'E 45.66' -- .. ~ I .I z Q+ m I I . I ,., I I n I, ~ - ,I II I ~ , i I l i II I 1 ~' " 4 I I .~ ~ II / y l t .v $~ .~ Sw ~1 ~~ O6 ~ ~- ,~3 0 2 a, ~' .' 1 ~¢4 3Z , / ~s ~_.,` -~._ .. - ~~ BARD RD ~ .. -~ ~ ~ ~ ~ ^B Na . 4625 THE VEST HALF QF T.HE SOUTHEAST QUARTER QF THE SQUTHVEST QUARTER OF SECTIQN 20. TQVNSHIP 2i NORTH. RANGE 5 EAST, V.M., IN KING COUNTY, YASHINGTDN LYING SOUTHVESTERLY OF STATE ROUTE 164 [ AUHURN-ENUMCLAV HIGHVAY ] AND NORTHVESTERLY OF CQUNTY ROAD ( ENUMCLAV-FRANKLIN HOYARD ROAD l TOGETHER VITH THAT PQRTIQN OF THE NORTHEAST QUARTER QF THE NORTHVEST QUARTER LYING NQRTHERLY OF ENUMCLAV-FRANKLIN HQVARD ROAD IN SECTIQN 28, TQVNSHIP 2.1 NORTH. RANGE 5 EAST, Y.M., IN ..KING CQLlNTY, VASHINGTQN,