HomeMy WebLinkAboutService Access Agreement With Muckleshoot Indian Tribe REC NO UN00001028..............
DOCUMENT TRANSMITTAL MEMO
MI"In" RECORDING NO.
TO: Portland Title Plant D ATE
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FROM:
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Please record the attached document and:
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FROM: Portland Title Plant
The document identified above has been recorded as number:
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MIT Recording No. UN00001028
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-11" 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 intersectlon,
2. Access. Auburn 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. Cuffing 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 Aubum's facilities.
4 MuckleshooVs 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 Aubum's facilities without Aubum's prior written consent.
5. Indemnity. Aubum 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
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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, 3/1� /0-7 .
THE MUCKLESHOOT INDIAN TRIBE
Subscribed before me this IZ d ay of.
2007
SERVICE ACCESS AGREEMENT Page 2