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RESOLUTION NO o2 -i0
A RESOLUTION of the City Council of the City of Port Angeles,
Washington (City), authorizing the Mayor to convey a temporary
easement to the Lower Elwha Klallam Tribe (Tribe) for
construction of Elwha Valley Road.
WHEREAS, the City owns a section of the former Seattle, Port Angeles and Lake
Crescent Railroad right -of -way, commonly referred to as "Milwaukee Railroad Grade" west
of Lower Elwha Road, over which the Tribe proposes to construct an eight inch waste water
force main and a road bed for the proposed Elwha Valley Road, and
WHEREAS, the City and the Tribe have negotiated a temporary easement to allow
construction of both, and
WHEREAS, as part of the compensation to the City for rights granted to the Tribe in
Milwaukee Grade, the Tribe will elevate and/or relocate, as needed, portions of the City's
water, electric, and telecommunication utilities adjacent to the new road bed, and
WHEREAS, the City, Tribe, and Clallam County will enter into a separate 3 -party
agreement outlining the roles and responsibilities of the parties concerning operation and
maintenance of the force main and the Elwha Valley Road, and later stages of development,
including, but not limited to, paving, opening to public use, and assumption by Clallam
County of maintenance and repair; and
WHEREAS, the City Council, Mayor, and City Staff have reviewed the easement
document for the road bed and relocation of utilities, and concur with the terms and conditions
therein,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles, Washington as follows
The Mayor is authorized to approve minor modifications to the attached Easement
Agreement, if necessary
The Mayor, on behalf of the City of Port Angeles, is hereby authorized and
directed to execute the Easement Agreement with modifications, if needed,
between the City and the Tribe, and any associated documentation necessary to
close and record the transaction at the Clallam County Auditor's Office in Port
Angeles, Washington, and the BIA title plant in Portland, Oregon.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 5 t h day of January, 2010
del
MAYOR
ATTEST APPROVED AS TO
OUeAtta/2/el‘A.,
Jai$isa Hurd, City Clerk
William E. Bloor, City Attorney
G:\Lcgal_ Backup \ORDINANCES&RESOLUTIONS RESOLUTIONS.2009U5,EIwha River Rd Easement.123009 wpd (January 5, 2010)
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