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RESOLUTION NO. 1 - 09
A RESOLUTION of the City Council of the City of Port Angeles,
Washington (City), authorizing the Mayor to convey temporary and
permanent easements to the Lower Elwha Klallam Tribe (Tribe) for
construction of Elwha Valley Road.
WHEREAS, the City currently 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 approximately 0.6 miles
of new roadway for Elwha Valley Road; and
WHEREAS, the City also owns a 150- foot -wide right -of -way acquired circa 1930
(deed recorded in 1940 under Clallam County Auditor's File No. 190255) for the City's
industrial water pipeline and service road, over which a segment of Elwha Valley Road will
cross at an elevated height of approximately 30 feet above existing grade; and
WHEREAS, in order to maintain continued access of the City to its 150- foot -wide
right -of -way, the Tribe will construct service roads on Tribal trust property that depart on either
side of Elwha Valley Road and intersect with the 150- foot -wide right -of -way; and the Tribe
consents to and supports a right -of -way grant by the United States of America, acting by and
through the Bureau of Indian Affairs (BIA) (hereafter "the BIA ROW "), over Tribal trust
property of which the Tribe is the beneficial owner; and
WHEREAS, as part of compensation to the City for rights granted to the Tribe in
Milwaukee Grade, the Tribe will elevate and /or relocate that portion of the City's municipal
waterline currently located in a deep ravine within Milwaukee Grade to added fill within
Milwaukee Grade or existing engineered fill just south of Milwaukee Grade; and
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WHEREAS, the City, Tribe, and Clallam County will enter into a separate 3 -party
agreement outlining the roles and responsibilities of the parties concerning 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
documents for Elwha Valley Road, including the BIA ROW, and concur with the terms and
conditions therein;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles, Washington as follows:
ATTEST:
J
The Mayor is authorized to approve minor modifications to the Easement
Agreement and the BIA ROW, if necessary.
The Mayor, on behalf of the City of Port Angeles, is hereby authorized and directed
to execute the Easement Agreement 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.
The Mayor, on behalf of the City of Port Angeles, is hereby authorized and directed
to sign the BIA ROW, if required by BIA, and any associated documentation
necessary to complete the grant.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the
'sa Hurd, City Clerk
1st day of September, 2009.
G:\Legal_ Backup\ ORDINANCES& RESOLUTION S\RESOLUTIONS.2009\24.LEKT Easements.082709 wpd (August 28, 2009)
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Gary graun, Mayor
APPROVED AS TO FORM:
William E. Bloor, City Attorney
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