HomeMy WebLinkAbout5153 (2) RESOLUTION NO. 5 1 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE
MUCKLESHOOT INDIAN TRIBE FOR THE ALLOTMENT
M-TWO SUBDIVISION AND CASINO PREMISES UTILITY
ISOLATION
WHEREAS, the City of Auburn and the Muckleshoot Indian tribe (MIT) have
worked together to provide utility services for those portions of the Muckleshoot
Reservation property located within the City, having heretofore entered into master
development agreements and utility easement agreements; and
WHEREAS, MIT desires to develop a certain portion of its property for a
residential subdivision and wishes to utilize a portion of City property for access and
storm drainage utilities for the MIT Allotment M2 Subdivision; and
WHEREAS, the City of Auburn desires to complete premise isolation
improvements at the MIT Casino Property for the protection of the City's potable water
system; and
WHEREAS, the City of Auburn and MIT have negotiated terms and conditions of
an interlocal agreement with respect to the exchange of property rights and the
completion of improvements by both parties to the benefit of both the City and MIT,
which terms and conditions are acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an Interlocal
Agreement between the City and the Muckleshoot Indian Tribe for the Allotment M-2
----------------------------
Resolution No. 5153
June 16, 2015
Page 1 of 1
Subdivision and Casino Premises Utility Isolation which agreement shall be in
substantial conformity with the agreement attached hereto as Exhibit 1 and incorporated
herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2015.
CITY OF AUBURN
Wo", ?)(, �'A'—
ANCY B S, MAYOR
ATTEST:
Danielle L. Daskam, City Clerk
APPROVED AS&Attor
Daniel B. Heid,
----------------------------
Resolution No. 5153
June 16, 2015
Page 2 of 2
_I
20150728001051
FIRST AMERICAN AG 94.00
Return Address: a GiaOieis°FJa 3
Auburn City Clerk KING COUNTY, WA
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement
Reference Number(s) of Documents
❑Additional reference#'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Grantee/Assignee/Beneficiary: (Last name first) f
\ �UABU Y°i'FOR�►ALi "i°'`c
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
20 / 21/ 5
XC9 Additional legal is on page 11 & 13 of document.
Assessor's Property Tax Parcel/Account Number
2021059001, 2021059019, 2021059044, 2021059045 and 2021059059
❑Assessor Tax#not yet assigned
j.
CITY OF AUBURN—MUCKLESHOOT INDIAN TRIBE
INTERLOCAL AGREEMENT FOR THE ALLOTMENT M-2 SUBDIVISION AND
CASINO PREMISES UTILITY ISOLATION
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of ashington, The Constitution of the
Muckleshoot Tribe of Indians, and 25 U.S.C. § 81, on the iAay of JtA 1 , 2015,
by and between the CITY OF AUBURN, a municipal corporation of the StqW of Washington (the
"City"), and the Muckleshoot Indian Tribe, a sovereign jurisdiction located within the State of
Washington("MIT"), (together,the"Parties")
RECITALS:
1. MIT intends to develop a portion of parcel of property which is identified as King County
Tax Parcel Number 2021059001, such Real Property as legally described on Exhibit A, located on
the northeast corner of R Street SE and Old Howard Road (the "Parcel") within the boundaries of
the MIT reservation boundary and known as the Parcel B Allotment M-2; and specifically, the MIT
is developing the southwest corner of the Parcel B Allotment M-2 with a residential plat(known as
"Allotment M-2 Subdivision"); and
2. The parties agree that the City shall transfer ownership of a triangular portion of an
adjacent parcel of City-owned land which is identified as King County Tax Parcel No. 2021059019
("Parcel 2021059019)" Real Property as legally described on Exhibit B and the triangular portion
(approximately 5,165 square feet) which is necessary for access to be transferred as depicted on
Exhibit "C", to MIT in exchange for MIT constructing for the City a storm drainage infiltration
facility and storm line; and
3. The City requires premise isolation on large commercial water systems such as the MIT
Casino Facility ("Casino'), which requires constructing two master meters and premise isolation
(backflow prevention) systems on Casino Property; and
4. The Parties previously entered into a Water or Sanitary Sewer Service Line Agreement
("Service Line Agreement") dated May 14, 2004 (Recording No. 20040603002585), attached as
Exhibit"D", for the Casino Property (which is legally described on Exhibit A of the Service Line
Agreement), which provided the City with the right to access, inspect, construct, operate,
maintain, repair, replace and enlarge water or sanitary sewer lines within Casino Property; and
5. The Parties agree that it is in their mutual interest to grant each other the necessary rights
and responsibilities to do all other things agreed to be necessary to implement this Agreement.
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e '
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
The Parties shall consult with each other on a government-to-government basis in order to achieve
their mutual goals and implement this Agreement.
A. CITY'S RESPONSIBILITIES
1. Short-plat the northwest portion of the adjacent City-owned parcel (Parcel No.
2021059019), the approximate location and extent of the triangular portion to be short-platted is
depicted on Exhibit "C". The City shall record the short plat, then transfer ownership of the
newly-created triangular parcel to MIT in exchange for MIT's construction of the storm drainage
facilities described in Paragraphs A.4 and B.5 hereinafter.
2. Construct, at no cost to MIT, two (2) premise isolation facilities including master
meters, backflow assemblies, piping, and disconnection of existing piping to adjacent parcels
north and east of the Casino Property, as the City determines, is necessary to supply the Casino
with domestic water and fire flows. The City will provide final design documents of the two (2)
premise isolation facilities and a demo plan for disconnection of existing piping to MIT prior to
construction. City understands that the revenues for MIT are contingent upon the access and
service quality at the Casino. For that reason, City will agree to require their contractors to
complete construction activities between the months of June and August, and between the hours
of 5 a.m. and 2 p.m. for the work to occur within the Casino Property to provide the least
disruptive customer access and water service interruption.. Contractors will be required to use
equipment and implement a demo plan that does not interfere with ingress and egress of delivery
trucks in the driveway located at the rear of the Casino. Upon completion of construction, the
City shall convey all City-owned water system infrastructure behind the master meter vault (i.e.,
on the Casino side of the vault) to MIT. This shall include the new backflow prevention
equipment, piping, hydrants, and other appurtenances. At the same time, the City shall convey
all City-owned sewer system infrastructure that is located within the Casino property to MIT.
3. The City represents and warrants that the new premise isolation facilities once
installed by or on behalf of the City shall not unreasonably adversely impact the Casino.
4. The City shall allow MIT access to construct a storm water infiltration facility, a storm
drain line, and relocate the existing chain-link fence on City property (Parcel 2021059019) just
south of the southern MIT property line separating the MIT (Parcel 2021059001) and City
properties through a temporary construction and access easement. The system shall intercept
storm water drainage located near the northeast corner of the City's property, be linked to a MIT
storm infiltration system by means of a raised berm and connection pipe(s), and shall divert
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overflow stormwater through a new pipe to an existing City storm line in Howard Road SE. City
shall apply for, obtain and pay for any permits required to construct the storm drain system on
City property if such permits are required beyond the development permit MIT is obtaining from
the City for its Allotment M-2 Subdivision. City shall be entitled to inspect the work within City
properties to insure it meets the City's requirements. MIT access to the City's properties shall be
restricted to normal working hours on normal business days.
B. MIT RESPONSIBILITIES
1. Grant permits to the City of Auburn and right of entry agreements as necessary to
allow the City to construct, operate and maintain two (2) Master Water Meter Assemblies
(Master Meter Assemblies) and their associated piping from the Right-of-Way to the Master
Meter Assemblies for the Casino on the Casino Property. MIT shall honor the Water or Sanitary
Sewer Service Line Agreement, Reference Recording No. 20040603002585 and attached hereto
as Exhibit "D", which provides access to the Master Meter Assemblies wherever located or
relocated on the Casino Property for as long as the City provides water service to the Casino
Property. The approximate location and extent of the Master Meter Assemblies is shown in
Exhibit "E". . Should MIT determine the need to relocate any part of the Master Meter
Assemblies, MIT shall provide the City no less than 90 days' notice and the Parties shall meet to
discuss and agree to the optimal new location. Should MIT's construction plan for the Casino
Property include building or installing an obstruction or impediment including but not limited to
fences, rockeries, or trees within ten (10) feet of the Master Meter Assemblies, the parties shall
meet to determine whether relocation of the assemblies is necessary to maintain access to the
meters. Any such reasonable relocation costs of the Master Meter Assemblies shall be paid by
MIT.
2. MIT shall own and maintain the Casino Property water system infrastructure behind
(downstream of) the City Master Meter Assemblies as described herein including required annual
testing and reporting to the City for the two backflow assemblies required for premise isolation.
3. MIT shall own and maintain the Casino Property sewer system infrastructure located
within the Casino Property.
4. Execute necessary utility access easement documents for the City-owned utilities
serving the Allotment M-2 Subdivision by the MIT. The City shall record the approved
easements.
5. MIT shall design and construct at its own expense a storm water infiltration facility,
drainage line, and relocation of the existing chain-link fence on City property (Parcel
2021059019) just to the south of the southern MIT property line separating MIT (Parcel
2021059001) and City properties. The system shall intercept storm water drainage located near
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the northeast corner of the City's property, be linked to a MIT storm infiltration system by
means of a raised berm and connection pipe(s) and shall divert overflow stormwater through a
new pipe to an existing City storm line in Howard Road SE. MIT shall access the site and secure
it when they or their agents leave the site. MIT shall complete the work and upon completion of
all work leave the site in a condition acceptable to the City.
6. Provide the City with an electronic AutoCAD file of the proposed subdivision and
access road that references city survey monuments to facilitate plotting the proposed easement
and associated setbacks on the existing city water property.
7. MIT shall complete the necessary legal descriptions and drawings in paper, mylar and
electronic formats for the City's use in creating the short plat on Tax Parcel 2021059019.
C. INSURANCE
1. Throughout the period of performance of this Agreement for all construction related
activities, the Parties or their respective Contractors shall carry and maintain commercial general
liability insurance with limits of not less than one million dollars ($1,000,000.00) per occurrence
for bodily injury, including death, and one million dollars ($1,000,000.00) per occurrence for
property damage or, alternatively, one million dollars ($1,000,000.00) per occurrence combined
single limit for bodily injury and property damage combined, and two million dollars
($2,000,000.00) general aggregate.
2. This insurance shall be in a form and with an insurer acceptable to the City's insurance
carrier and shall contain coverage for all premises and operation, broad form property damage,
contractual liability (including without limitation that specifically mentioned in the Agreement,
and products and contemplated operations insurance. In addition, the insurance for construction
work performed by the City or its Contractor shall be in the form acceptable to MIT and
consistent with the City's requirements.
3. This insurance shall provide coverage for explosion, collapse, underground excavation,
and lateral support.
4. Any policy or policies that provide the insurance required in this Agreement shall name
the other Party as an additional insured on a separate endorsement, to the extent of the
contractual obligations set forth here. If the Contractor, as the Agent of MIT, provides the
required insurance, then such insurance shall name both the MIT and the City as additional
insured.
5. Before the beginning of any construction work required under this Agreement, each
Party shall provide the other Party for review and approval, a certificate of insurance reflecting
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full compliance with the requirements set forth in this Agreement. The certificate shall be kept
current and in compliance throughout the construction work until final acceptance by the other
Parry and for two years thereafter for products and contemplated operations liability, and shall
provide for 30 days advance written notice to the City if cancellation or material change
adversely affect the interests of the other Party.
6. Throughout the period of performance of the Agreement, MIT shall cover or maintain
insurance in compliance with the applicable worker's compensation laws, with respect to all of
its respective employees working on or about the facility site, regardless of whether such
coverage or insurance is mandatory or merely elective under the law.
7. For the purposes hereof, the period of performance of this Agreement includes and
refers to the time during which any party hereto is obligated to perform tasks required herein.
D. INDEMNIFICATION
1. MIT shall indemnify and hold the City and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands, suits,
at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought
against the City arising out of, in connection with, or incident to the execution of this Agreement
and/or the MIT's performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent negligence of the City, its
agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to
the extent of the negligence of the MIT; and provided further, that nothing herein shall require the
MIT to hold harmless or defend the City, its agents, employees and/or officers from any claims
arising from the sole negligence of the City, its agents, employees, and/or officers. No liability shall
attach to the City by reason of entering into this Agreement except as expressly provided herein.
2. The City shall indemnify and hold MIT and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands, suits,
at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought
against MIT arising out of, in connection with, or incident to the execution of this Agreement
and/or the City's performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent negligence of MIT, its
agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to
the extent of the negligence of the City; and provided further, that nothing herein shall require the
City to hold harmless or defend MIT, its agents, employees and/or officers from any claims arising
from the sole negligence of MIT, its agents, employees, and/or officers. No liability shall attach to
MIT by reason of entering into this Agreement except as expressly provided herein.
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E. WAIVER OF SUBROGATION
1. MIT and the City hereby mutually release each other from liability and waive all right of
recovery against each other for any loss caused by fire or other perils which can be insured against
under fire insurance contracts including any extended coverage endorsements thereto which are
customarily available from time to time in the State of Washington, provided, that this paragraph
shall be inapplicable to the extent that it would have the effect of invalidating any insurance
coverage of MIT or the City.
F. WAIVER OF SOVEREIGN IMMUNITY
1. MIT agrees to a limited waiver of sovereign immunity. MIT does hereby expressly waive
its right to sovereign immunity and its right to assert sovereign immunity defense in the courts of
the State of Washington for the limited purpose of any legal claim or complaint for the
interpretation and/or enforcement of this Agreement, and/or for any complaints or counterclaims
for monetary damages or equitable relief for any breach of this Agreement, and/or for the
enforcement of any final judgment by any court of the State of Washington regarding such matters.
This limited waiver of immunity is solely for the benefit of the City of Auburn for the purposes
stated herein, and the Tribe does not waive its sovereign immunity as to any party other than the
City. The Tribe agrees not to invoke sovereign immunity as a defense up to the limits of the
insurance policy in connection with the enforcement of the rights of the City.
2. MIT consents to the jurisdiction of the Washington State Superior Court in the event that
either Party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this Agreement; the Parties further agree that any such action or proceedings shall
be brought in the superior court situated in King County, Washington.
G. COMPLIANCE WITH REGULATIONS AND LAWS
1. The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
H. ASSIGNMENT
1. The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
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L ATTORNEYS' FEES
1. If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with respect to this
Agreement, and in the further event that one party shall substantially prevail in such action, the
losing party shall, in addition to all other payments required therein, pay all of the prevailing party's
reasonable costs in connection with such action, including such sums as the court or courts may
adjudge reasonable as attorney's fees in the trial court and in any appellate courts.
J. NOTICES
1. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be
sent to the following respective addresses:
To MIT(Notice):
Muckleshoot Indian Tribe
39015 172nd Avenue SE
Auburn, WA 98092
Attn: Office of the Tribal Attoney
Phone: 253-939-3311
To MIT(Payment):
Muckleshoot Indian Tribe
39015 172nd Avenue SE
Auburn, WA 98092
Attn: Finance Department Mgr.
Phone: 253-939-3311
To the City:
City of Auburn
25 West Main
Auburn, WA 98001-4998
Attn: Ingrid Gaub, City Engineer
Phone:(253) 931-3010
FAX (253) 931-3053
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. All notices and payments mailed by regular post(including first class) shall be
deemed to have been given on the second business day following the date of mailing, if properly
mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to
have been given on the day next following the date of mailing, if properly mailed and addressed.
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For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive
evidence of the date of mailing.
K. MISCELLANEOUS
1. All of the covenants, conditions and agreements in this Agreement shall extend to and
bind the legal successors and assigns of the parties hereto.
2. The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
3. The duration of this Agreement shall be perpetual.
4. No separate legal entity is created by this Agreement.
5. The funding of the respective obligations of the parties shall be out of the respective
general funds/current expenses of the parties, except as otherwise specifically provided.
6. The performances of the duties of the parties provided hereby shall be done in accordance
with standard operating procedures and customary practices of the parties.
7. The oversight and administration of the Agreement shall be by the respective named
representatives identified in Paragraph J hereof, or their designees.
8. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any
court having jurisdiction on the matter, the remainder of this Agreement or the application of such
term or provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby and shall continue in full force and effect, unless such
court determines that such invalidity or unenforceability materially interferes with or defeats the
purposes hereof, at which time the City shall have the right to terminate the Agreement.
9. This Agreement constitutes the entire agreement between the parties. There are no terms,
obligations, covenants or conditions other than those contained herein. No modifications or
amendments of this Agreement shall be valid or effective unless evidenced by an agreement in
writing signed by both parties.
10. Copies of this Agreement shall be filed with the King County Recorder's Office; the
Secretary of State of the State of Washington; and the respective Clerks of the parties hereto.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
MUCKLESHOOT INDIAN TRIBE CITY OF AUBURN
By: '
ancy Ba s ayor
Its: t� •( C c Cam, ✓
Attest:
City Clerk
Approved as to form:
Auburn City Attorney
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STATE OF WASHINGTON )
ss.
COUNTY OF f� )
QN THIS I-�Lday of JQ, , 201�before me,personally appeared
`( 4 Vue-- to me known to be the CLA)J✓pC jpi,,N of
wcbt4A fit. the Tribe that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
Tribal Community for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument.
WITNESS my hand and official seal h`\�M#W,V�a'land year in this certificate first above written.
Ng►T PUBLIC in a d for the State f
on, residing at tW W
Commission Expires: 1 g
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ON THIS Q&day ofd— .a , 241 before me, personally
appeared and %k,_�o me known to be the Mayor and City
Clerk of the CITY OF AUBURN, a municipal corporation, the corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument.
WITNESS my hand and official seal hereto the day and year in this certificate first above written.
cAm% �►,,, Cam, �: �-��
'� `�pN�EXp►r►,������i,� NOTARY PUBLIC in and for the State of
Washington, residing
T=4 0 y Z My Commission Expires:
'SUB\'
i
►
cop
l� ��
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EXHIBIT A
LEGAL DESCRIPTION OF MIT REAL PROPERTY
TAX PARCEL 2021059001 (Allotment M-2)
United States Department of the Interior
Bureau of Indian Affairs
Title Status Report
Report Certification Time and Date: 08/04/2014 11:51:13 AM
Requestor: NHENSEL Date/Time: 08/04/2014 15:38:46
Land Legal Description
Land Area La nd_Area_Name Tract Number LTRO Region agency ReSource9
109 MUCKLESHOOT 2' PORTLAND, OR NORTHWEST PUGET SOUND Both
REGIONAL OFFICE AGENCY
Se__ction Townehip Range State County Meridian Legal_D_as_c_r___iption Acres
20 021.00N 005.00E WASHINGTON KING Willamette 76.840
14ETRS AND BOUNDS: GOVERNMENT LOT 1 AND GOVERNMENT LOT 2 AND THE ME',( SWU OF SECTION
20, T.21N., R.5E., WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, EXCEPT THE WEST
30.00 FEET OF SAID GOVERNMENT LOTS 1 AND 2, CONTAINING, AFTER SAID EXCEPTION, 76.84
ACRES, MORE OR LESS.
TOTAL TRACT ACRES: 76.640
Title Status
Tract 109 2 is held by the United States of America in trust for the land owner(s) with trust interests
and/or by the land owner(s) with restricted interests and/or fee simple interests, as listed in Appendix
„A" attached to and incorporated in this Title Statue Report.
The title to Tract 109 2 is current, complete, correct, and without defect. Ownership is in unity and
interests are owned in the following title statue: trust, fee, restricted.
The tract ownership is encumbered by the title documents as listed on Appendix "B" attached to and
incorporated in this Title Status Report.
The following notes apply to this land title:
Fee (Other) THIS REPORT DOES NOT CERTIFY THE OWNERSHIP OF FEE SIMPLE OWNER INTERESTS AND MAKES
NO CLAIM OR REPRESENTATION CONCERNING CURRENT OWNERSHIP OF SAID INTERESTS.
This report does not cover encroachments nor any other rights that might be disclosed by a physical
Inspection of the premises, nor questions of location or boundary that an accurate survey may disclose.
This Report also does not cover encumbrances, including but not limited to irrigation charges, unpaid
claims, not filed or recorded in this Land Titles and Records Office. This report does not state the
current ownership of the interests awned in fee simple but states the ownership at the time the interest
ceased to be held in trust or restricted ownership status.
This Title Statue Report is a true and correct report of the status of title to the real estate
described herein according to the official land records recorded and maintained in this office.
--- Manager--- ------
Ills
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United states Department of the Interior
Bureau of Indian Affairs
Title statue Report
Report Certification Time and Date: 01/21/1015 09:19:SS AM
Requestor: MHENSEL Date/Timm: 02/1B/2015 10:30,43
Land L0941 Deacriptl=
Land Area Land Area Name Tract Number LTRO Region AGReg Resource!
109 MUMESHOOT 2 -A PORTLAND, OR NORTHWEST PUGET SOUND Both
RRGIONAL OFFICE AGENCY
Section TownahiD Range State County Meridian Legal_Description Acres
10 021.DON 005.00E WASHINGTON RING Willamette .910
METES AND BOUNDS: THE WEST 30,00 FEET OF GOVERNMENT LOT 1 AM GOVERNMENT LOT 2 OF
SECTION 2(3,' T. 21 N., R. 5 E., WILLAMETi MERIDIAN, RING COUNTY, WASHINGTON,
CM-rAI:NING 0.91 ACRES, MORE OR LESS.
TOTAL TRACT ACRES: .910
Title Statue
Tract 109 2 -A is held by the United States of America in trust for the land owner(c) with trust
intereste and/or by the land owner(s) with restricted interests and/or fee simple interests, an listed
in Appendix "A" attached to and incorporated in thin Title Status Report.
The title to Tract 309 2 -A is current, Complete, correct, and without defect. Ownership is in unity and
interests are owned in the following title status: trust, restricted.
The tract ownership is encumbered by the title documents as listed on Appendix w, attached to and
incorporated in this Title Status Report_
No Tract Notes or Coded Remarks for this tract.
Thin report does not cover encroachments nor any other rights that might be disclosed by a physical
inspection of the premises, nor questions of location or boundary that an accurate survey may disclose.
This Report also does not cover encumbrances, including but not limited to irrigation charges, unpaid
claims, not filed or recorded in this Land Titles and Records Office. This report deep not state the
current ownership of the interests owned in fee simple but states the ownership at the time the interest
ceased to be held in trust or restricted ownership status.
This Title Stat110 Report is a true and correct report of the statue of title to the real estate
described heroin according to the official land records recorded and maintained in this office.
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EXHIBIT B
LEGAL DESCRIPTION OF CITY OF AUBURN REAL PROPERTY
TAX PARCEL 2021059019
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 5 EAST,
LYING AND SITTING ON THE NORTHEASTERLY SIDE OF THAT PORTION OF
AUBURN-ENUMCLAW ROAD RUNNING IN A NORTHWESTERLY AND
SOUTHEASTERLY DIRECT THROUGH THE SAME, RECORDS OF KING COUNTY,
WASHINGTON.
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EXHIBIT C
DEPICTION OF PROPERTY TRANSFER
W I 1 h 68'48'p
n? I 2 IV
8,69
r;
CO
00 I
l 3 M
s
to 1 ��r
o I �.
o � �
130 30 1 �
\ I PARCEL# 2021059001
(ALLOTMENT M-2) l
ADJUSTED ACREAGE 1 ,
I 2.995,729.9 FT/2 ,
68.77 ACRES
♦ _ OLD
FOUND LINE
CASED ♦ 107.22
MONUMENT
I ` \ ti. IN
LE 36.01' 36,38'
LINE BLD.
VL
>:
PARCEL¢ 2021059019
M DO ADJUSTED ACREAGE
\ 1♦ 585,729.0 FT/2
O !9 13.4 ACRES
3 1 ap
i b
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EXHIBIT D
A 06 300 585
RETURN ADDRESS r►�4
City of Auburn
ATTN
25 West Main Street
Auburn,WA 96001-4998
WATER OR SANITARY SEWER SERVICE LINE AGREEMENT
REFERENCE#
GRANTOR THE MUCKLESHOOT INDIAN TRIBE
GRANTEE: CITY OF AUBURN r7/:2 S PIV(, T
SHORTLEGAL SE 1/4 Sec 20,Twp.21 N,Rg 5E,W.M
ASSESSOR'S PROPERTY
TAX PARCELS 202105-9044,202105-9045 AND 202105-9059
For and in consideration of One Dollar ($100) and other valuable consideration, the
receipt of which is hereby acknowledged,THE MUCKLESHOOT INDIAN TRIBE("Grantor"
herein), hereby grants and conveys to the CITY OF AUBURN, a Washington municipality
("Grantee"herein),for the purposes hereinafter set forth a water or sanitary sewer Iine right-of-
way over, across and under the following described real property (the "Property" herein) in
KING COUNTY,Washington 90-*m- sl mr&,f;,
`NZ21 by pw1r A'amrvc�+
Exhibit"A"attached hereto and by this referejc M'Qe a apart heft~of
46 A; ��+... j;'r 0/ftl aeon n.
� a Ya ti
Except as may be otherwise set forth herein Granted s rights shall Si ereised upon that portion
of the Property(the"Right-of-Way"herein)described as follows
A Might-of-Way fifteen(15)feet in width having,seven and one-half (7 5)feet of
such width on each side of a centerline deacnbed as follows
The Centerline of Grantee's facilities as constructed or to be
constructed extended or relocated, lying within the above
described Property as more particularly depicted on the doctiment
marked as Exhibit"B"attached hereto and by this reference made a
part hereof
I Purpose. Grantee shall have the right to access,inspect,construct,operate,maintain,
repair, replace and enlarge one or more water distribution lines or sanitary sewer lines over
SERVICE LINE AGREEMENT Page i
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and/or under the Right-of-Way together with all necessary or convenient appurtenances thereto,
winch may include but are not limited to the following
For water distribution Ines Backflow assemblies, water mains, hydrants, meters and
meter boxes,blowoff assemblies and appurtenances
For sanitary sewers manholes,cleanouts and sewer mains
Following the initial construction of its facilities, Grantee may from time to time
construct such additional Imes and other facilities as it may require Grantee shall have the right
to place any type of driving surface within said Right-of-Way not inconsistent with Grantor's use
of the Property
Grantor additionally grants to Grantee the use of such additional area immediately
adjacent to the Right-of-Way area as shall be required for the construction, reeonstructton,
maintenance and operation of said water or sewer facilities The use of such additional area shall
be held to a reasonable minimum and in the case of any damage or disruption of the premises,
the Grantee shall return the Property to a condition as reasonably comparable to its condition as
it existed immediately before entry and/or work was made thereon by the Grantee�or its agents
2 Access.Grantee"I have the right of access to the Right-of-Way over and-across the
Property to enable Grantee to exercise its rights hereunder, provided, that Grantee shall
compensate Grantor for any damage to the Property caused by the exercise of the rights granted
herein Grantor shall not m any way block,restrict or impede access and egress to or from.said
Right-of-Way,and/or in any way block,restrict or impede fall use of the real property within the
above-described Right-of-Way by the Grantee for the above-described purposes
3 Grantor's Use of Right-of-Way. Grantor reserves the-nght to use the Right-of-Way
for any purpose not inconsistent with the rights herein granted, provided, that Grantor shalt not
take actions that may adversely affect the integrity of the water facilities located within the
Right-of-Way, such as excavation or filling, without first notifying Grantee of the proposed
activity Grantee shall have the right to inspect any adivibes of Grantor that may adversely
affect the water facilities,.and take appropriate action to protecuthe water facilities
4 Indemnity. By accepting and recording this service line agreement,Grantee agrees to
indemnify and hold harmless Grantor from any and all claims for mhunes and/or damages
suffered by any person, winch may be caused by the Grantee's exercise of the rights herein
granted, provided, that Grantee shall not be responsible to Grantor for any injuries and/or
damages to any person caused by acts or omission of Grantor
5. Abandonment or Termination. The rights herein granted shall continue until such
time wGrantee ceases to use the Right-of-Way In the event that Grantor desires to terminate
this service line agreement,the Grantor shall provide Grantee with funds sufficient to install any
necessary backflow preventor or preventors on Grantee's waterlmes located outside the subject
property that connect to the subject property
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6. Cooperadon and Coordinadon. Grantor and Grantee agree to cooperate in the
implementation of this service line agreement and to coordinate their respective duties and
activities relating to this service line agreement with each other.
Dated this day of M .200_
GRANTOR GROAMEE
THE MUCKLESHOOT INDIAN TRIBE C J
y
By
Pnn ame Peter B Lewis,Mayor
Attest
/�C�iLGOK/�
Danielle E Daskam City Clerk
Appro d aLW form
Damel B i
STATE OF WASHINGTON)
)SS.
COUNTY OF KING )
On this 14"� day of a ,2004,before-me the undersigned,
a Notary Public, in and for the State of Washington,duly commissioned and sworn,personally
appeared eh h a to me known to be the Chairman of
THE MUCKLESHOOT INDIAN TRIBE,the Tribe that executed the foregoing instrument,and
acimowledged said instrument to be the free and voluntary act and deed of said Tribal
Community for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument
Witness my hand and official seal hereto afflud the day and,year above written
ory
bhc in and for the State of
p�J�(�shi Residing at
�y 8- ission expires 1u a,, 2.ot,jou
WASH\'�
SERVICE LINE AGREEMENT Page 3
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Ate hereto end merle a out hwwf
ElwWc SwW=Lim Asm mwdod MAY 14.2004
LE04 DESCRIPTION PARCEL 1-REC.NO:SM192077
That
of Ole V066 d.Seetfott 20, �=��1,Nwdt Rwp s East, will:. In KhV Camly,
Warh bOV mwo � drwdW a n�uaae A IM BMM QdV*coiner of
MM Bad1aA 2Q dwtCe 00 degreeti 00 mleAn 04'seoatds dye nodNGKO cetfetM d
eefd Satdat tt973.e5 tbet b a poht an 00 nwM MOVA d Pdm q W Na.O, aooertdhi19 b
On pin on fb h the 00Iee of on Sam fiw w.y �eppiowd.hrie 11. 1941; ow"Sotdh M
dagtwaa 34 mbldm =sacmas I&M along old' 24M b the d tlertae
aonOetuNtO 6outlt N de;peM 34 ednube i'L seoon�w .IopQ..dl mq�96.19'f Ieeit.b 1�Fn �nn1190 d
a wl.a. .oorrara is Rte asrthhaEnt laalnp a ra" of SMA fat two albtg ft mo d a d,="
ntd mogM pesstrg V=gh s.=.bai W4*d 10 dsgrsaa =nteftdM 119 sewd% a dht m,of 10U m
fi4 more or IS & to ate eetplesed corny of to pet>ral et.ho m (Aud%Rood pfd
MOM.PA..bto. by deed nte11 1 under ft O=b ramedOnp Na.MM: ft les NoM 28 dogma
12 mkOw41 stoonds Eed WV Ste wow"itr of sW pamo 1610 1 at(11M.04fsetwdawO to the
notdtwest eorrtar OteraoR thence SCUM 79 depea 50 ndndea 21 seoon0e East(ftM 79 hip -i 47
Mrwtee M sseenQs EM per dtsd)slap ffla nwM Woof said pwcet 173.6d b a pM.m fhe wost
dDoOwood Sbeetscuumst a ae'bbatlted by deed retartfed tnder.fftspfaa*frasadspNo.
51169M Mmm ObV NVM MR& NOM'00 t4 041 27 a kMN 110 eswnds AM 39A4 feet.to ft
soufha d oWWOf diet with V=d d feed M011 to the BcLNfttd cwwn M ty dead rmode
udder K tQ Cm*.teootdrnt No,"Wyk k thonee Nbth e1 degrees 27 edmta 91 ttsoatgt Wad(North 00
degrees 40 ff*Mw 37 semrds Wast per dew dM to somh 2w ley=M.p*W IM� MM b•
(ale. b ft comer per NOM 00 dew Z!.ff*Mw 58 n onds East OwW to ft
VON.mrnpN dODOWOW ttbaated� atatg ft titeat�tne at eNd �p�I ti�0 Asst to Ilia na*taed
corn Vifflot said moaner alto bebp a. POW an ft.MM lime of aerEebt heat d land oornw)ad b
fibbed R Dowd end Mwowd K Dowd, husband end wdllr, WO sfbr MM'ft Dowd bwef, W deed
mcwdW undo►Kft CM1V naord%ft 6371980?, to corner abo bft a Pdid at a cw^ Mw,ft"
bsbp t n=ft w t and 390 feat rrofdtier�r d the osnMo*of sw .Stag Hig V",No.at the
amrtfar ofseb arw bases Norfi,09 S1 ntktirDsa 21 eeCOrtds Ead 6100:00 Aeet dbbnf: 9ttttas In s
nmft"*dkOdw at V the ttb Of setd cwt andthe WO ant.d said Datd6a� p��p throegh
e exnbal artpl� 61,014 etree 67FaMitda 012aaaotds'a dbOrnas d 1a3.gthat,mat a•lest- eo 1�r
seuaMed aomtr of safd Dmd'bu# drtetoe Narstt 00degnes Vmbtidtie 60somi t Bed(due;rAM pw
deed)173.34 tnt, mow Or IM ebila'9te wed ft of add Dowd bim 10 ft notlmot oattpr tharto0
fhenoa 1D WO eft deVeM 32 mbubs ba seconds "a(due Eed Per doo) 100I@K aatw or bM. alw.tg
ft nbth floe Of=01 Dowd beat b a pe6tt IMftnt wMt of do uld MR& of DopwppditMnWhad
as abbMoed dead twsatde wider N0.81101360 atsrtea fetr�il�WO Ootlnd bad
and 00 2T n kMw seconds aed(pftr"b•the east une d 191934 ddtoAtgeton per
deedt of 14QwQ?f7A0 dM=o 8wh 894 Bill 32 mhMN OZseoattir Est ad pw deids
Of Mud) 120 Asst b a P" on ft wnt Werth d ftwaodd3k"seuorast a deed
teeordsd trtder teeoetdbg No.:110134; Otana of` etdd.nnr19fn t4ottlt fp 27 MMO seobtdt
so M31 f84 Moro or teas, to" rime " of ow tarld-n p�d �r�d to.Caetrtonwra�t
Imresta Qrpup by deed recd-im wdw XftCOMV. I�fo..t Otenat FmrOt eq.depnI w
32 mbttttee 02 oeoono Wed (N*M 09 depleoe 31 Zfaeewtdt WM¢pw-dead)awle,the north
ens d sold Commatwrradtl�btwstom&a* pared WIS7fYesk fftertoe 8orr@t 00 dogmas.28 mMwMs'
M eeomtb weft 1137.31 f. thence 6otrdt 01 dame 12 mhnitet 32 seppnds West 2+!133 Ate! in Ole
psfht "ROMM eoioept drat fmrflon tftentof ONVO red b the UAW3MwdAmwka in wid Ou the
Ad
CoA-MIT ILA for Allotment M-2 Subdivision and Casino Premises Utility Isolation
6.17.2015
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pAWnhoot WM TAbe by deed morded w der KUg Counq►new0w No.1403080014. except IIW pwft
bMICL f WV, " noM of the soum ono of 81tmed Terraw Omdm Na 3. mew" to the plat.Hereof
reoorded In volume W1 of Plate,Psge 36. Mooeds ofKkq ty.Wnfttm; OW oxno Thal porttar
thereof M wrap,, WV Hersh of 6a swill fine of www1 se.. 4 Oondombs m, Beaoe ko to Me,"to wd
WAa!thereof ODD 4W"aw wM e 2�, mwey or Iraq. Sbuste n I!u*of I . ,state
of W=hbretoe
''title /o the lend hew dew*W ahe0 be to Ent, erdsdna eaamwts for prbtln fouls end
hWwA y% tar pwft Wldw%and for mkoada and ppednss aid wry o#w n"of wrry of record.
LEGAL OESMPTION PARCEL 2-REQ NO.8403080814
THAT PORTION OF THE WEST HALF OF THE'BOtTTt1EAST_QUARTER OF SECTION 20. TOWNSHIP 21
NORTH.RANGE 8 EAST.WAL,IN KING OOUNTY.WAIIHIMTON,DESCRIBED A8 FOLLMV.
LNG AT THE INTERSECTION OF THE WEST UNE OF SAID SOUTHEAST QUARTER AND THE
C ENTERLM OF STATE HIGHWAY NIX 194• THME'SOUTH BW 81'4ir EAST,ALOW SAID.CEINTERUNE.
CB
A DISTAV OF 46 63 FM TO A POINT OF%MATURE TO TIE:LEFT.THE CEw=.OF WMKH BEARS
NORTH 21r,ze,20'EAST A DISTANCE OF 673040 FEET; THENCE ALONG SAID CENTERUNE AND SAID
CURVH TO THE LEFT,w{1rtNG A PAO=of 1730 0o FEET,THROUGH A CENTRAL Amxa OP or 111.4r.
AN ARC DISTANCE OF 4110.2!FEET, thence NORTH 130 44,33'BAST.A DISTANCZ OF16o 00 FEEr TO THE
TRNE POlWr OF BEGINNIM THENCE NORTH 13'44'Sr AAST.A DISTANCE OF 176.00 FEET. THENCE i
SOUTH 76.19 2r EAV A DWANCH.OF 37a.3T FEET. THENCE SOUTH 13'44'3Y WB:TT,A DISTANCE OF
176 00 FEET, THENCE 100M 760 19 2r WEST,A DISTANCE OF 373:37 FEET TO tFIE TRUE POINT OF
SEGINNNG.
RETYPED FOR FORM IN COMPLIANCE WITH KING COUNTY RECORDIN3
RSWI MENTS
A•2
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CoA-MIT ILA for Allotment M-2 Subdivision and Casino Premises Utility Isolation
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R r 1WESTERLY CASINO S01't2'471N 176.87 '�-,__ 3 � w
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MASTER METER DETAIL QED MON P.0.8. Y '
daT� F—1 PT STA BACK 121+19.20
1s24— — ; STA AHEAD 134+26.35 CASED MON _j m
upm.r�+uaw'w _�j 53�(�44 INT STA 114+21.44 WSDOT STA 140+67.16
o PLAT OF $ dem2 �'� a=6'58 0.11 LT OF ROW CL Ro
AUBURN VIEW HEIGHTS r 27° x'113910'R=5729.58 97.76' R=572958'-
Vol. 67, Page 3 ' rr , STATE HNyy fgq(AUBURN 30~� \
AF 5296330 r WAY UTH) N89'03'041W 640.81
OWNER: USA IN TRUST FOR
MUCKLESHOOT INDIAN TRIBE 20 1
TAX PARCEL N0, 202105-9045 MASTER METER VAULT
N TOTAL PARCEL AREA = 236,531 SF. LOCATION FIGURE 29 8
EASTERLY METER AREA = 476 SF.
WESTERLY METER AREA 1,332 SF. W.M.SW 1,BE 1,SEC.20,TWP.21 N,ROE.BE,W=