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HomeMy WebLinkAboutR-1091 - Authorizing and empowering the Mayor to execute a settlement and compromise agreement with the Tulalip Tribes of Washington relating to pending litigaxc;I 'c~,.tJff7(.e y I -p,w,Di,,, UTi Iftf"e G ~it(t-, CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOL~TION NO.,/t:29/ A RESOLUTION OF THE CITY OF MARYSVILLE AUTHORIZING AND EMPOWERING THE ~1AYOR TO EXECUTE A SETTLEMENT AND COMPROMISE AGREEMENT WITH THE TULALIP TRIBES OF WASHINGTON RELATING TO PENDING LITIGATION OVER UTILITY SERVICE,AND GRANTING A VARIANCE FROM THE REQUIREMENT OF THE RUSA CODE THAT THE TRIBAL PROPERTIES ANNEX INTO THE CITY WHEREAS,the Tulalip Tribes of Washington commenced liti- gation against the City of Marysville,and the tmyor and individual Councilmembers,in the United States District Court under cause num- ber C82-219,and in Snohomish County Superior Court under cause num- ber 82-2-00637-6,which litigation relates to a dispute over the availability of City utilities for certain property ,located on the Tulalip Indian Reservation;and WHEREAS,the Tulalip Tribes have applied for an additional utility connection for abutting property known as the "Entertain- ment Center property"on the TUla1ip Indian Reservation;and WHEREAS,on April 25,1983,the Tulalip Tribes applied for a variance from the RUSA Code requirement that the subject property must annex to the City before receiving utility service;and ~mEREAS,a settlement has been reached between the parties on all issues,as an interdependent unit,on the terms and condi- tions provided below; sow.THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ~ffiRYSVILLE, WASHINGTON,AS FOLLOWS: 1.Pursuant to Section 14.32.060(d)of the Marysville Muni- cipal Code,a variance is hereby granted to the Tulalip Tribes of Washington from the requirement of the RUSA Code that the property described in Exhibit A attached hereto be annexed into the City prior to receiving utility services.The City Council finds that this variance is justified by the unique jurisdictional status of trust property owned by the Tulalip Tribes of Washington.This variance Resolution - 1 ·., shall become effective immediately upon a dismissal,with prejudice, of all pending causes of action in u.s.District Court case number C82-219 and Snohomish County Superior Court case number 82-2-00637-6; the duration of this variance shall be perpetual. 2.The Marysville City Council hereby accepts the Settle- ment and Compromise Agreement attached hereto.and authorizes the Mayor to execute the same as a binding commitment of the City of Marysville. !~l ADOPTED~~~he City Council and APPROVED by the Mayor this rL.5 "day of _rt!!li '1983.V=-;:'--, ::~I ATTEST: MAYOR BYW!:P¥Bajt:v-CITY CLERK APPROVED AS TO FORM: Resolution -2 ·"RESOLUTION BE IT·RESOLVED by the Board of Drectors of the Tulalip Reservation,pursuant to Article VI(a)and (1)of its Consti- tution and Bylaws ·that it by these presents hereby authorizes its Executive Director,Mr.Clarence H.Hatch,to settle the pending state and federal lawsuits against the City of Marysville and its councilpersons by making an agreement concerning the provision of utility service to tribal property held in trust by the United States of America,which property is the subject of such pending litigation,substantially in the form of the Settlement and Compromise Agreement attached; provided that the City of Marysville agree to and execute the same on or before the 25th day of April,1983. ADOPTED this.~5 day of April,1983,by the Board of Directors of the Tulalip Reservation at a special meeting duly called for the said purpose by a unanimous vote. ATTEST: ~~'..-Wa~w:nrramsse6F~tary ,. .~•~.c,.•..\ :.1!;~.,"., ,~'..' .."'!.... SETTLEMENT AND COMPROMISE AGREEMENT IN COMPLETE COMPROMISE AND SETTLEMENT of the state and federal lawsuits now pending between the parties,it is hereby agreed as follows: 1.Marysville hereby agrees to provide water and sewer utility service to sites developed upon the properties described on Exhibit A,attached,on the terms and conditions below.It is understood that such service is to be provided to the subject property or portions of same as now or here- after developed,upon the request(s)and application(s)of the Tulalip Tribes of Washington or its lessees,assignees, or successors in interest in the ownership of said property, or any portion thereof. 2.Marysville shall not be required to provide service for any application for such service which is filed at any time when a general moratorium upon all new or additional hookups to Marysville utility service is in effect for reasons of insufficient capacity.Marysville will provide utility service pursuant to applications for utility services filed before the commencement of,or after the expiration of,such a moratorium. 3.Marysville only agrees to provide service to sites located upon said properties zoned by the Tribe for the following land uses: a.The Tulalip Tribes'proposed Entertainment Center,which is in the process of construction. b.Uses (permitted and conditional)which would be allowed for industrial park zones as defined in Chapter 18.56 and business park zones as defined in Chapter 18.55 of the Snohomish County Code which is in effect on the date of this agreement in areas to which that Code would otherwise be applicable.Failure of any proposed use to conform to "performance standards" of such County Code shall not constitute reason for denial of service,such as building height,sign height, set backs,etc. c.Other uses consistent with an "entertainment theme"including such uses as a hotel-motel,restaurant, health spa and other similar uses which are incident to and supportive of the entertainment theme of the Tribes' Entertainment Center. SETTLEMENT AND COMPROMISE AGREEMENT - 1 i ......"i, :':'·.r· ,I e r ""< d.Service stations,fast-food establishments (e.g.,McDonald's),convenience stores (e.g.,"7-11"or mini-mart-type stores). e.Marysville does not agree as part of this settlement,to provide such utility services for any other uses to the subject property. 4.Marysville hereby grants a permanent variance for service to the above described properties,from any annexa- tion requirements of its Code as it now exists or may here- after be amended,and that Marysville hereby also adopts a "RUSA"plan pertaining the the described properties,providing for the above described and referred uses and no others. 5.As a condition of any utility hookup requested, Marysville shall require the applicant (the Tribe,its lessees,assignees or successors in interest)to pay all normal charges incident thereto and to conform to applicable Marysville utility code requirements not inconsistent here- with. 6.The Tribe agrees to grant or consent to utility line easements crossing property held in trust for the Tribe which are necessary to allow provision of service requested per this agreement.The Tribe also agrees to consent to utility easements for Marysville's presently existing trunk sewer line and water main which pass by or in the vicinity of the above described properties. 7.The Tribe guarantees payment of all utility bills or service provided to the above described properties or any portions thereof in lieu of the City's lien provisions which would be applicable to property not otherwise exempt,and if any such bill becomes delinquent,the Tribe agrees to pay ,the same promptly upon demand. 8.The utility service to the Tribe's Entertainment Center parcel shall be made available immediately upon execution of this agreement and the filing of a .completed utility application by the Tribe.. 9.It is agreed that any other application for service to the balance of the subject property which conforms to this agreement and is filed on or before October 1st,1984, shall be granted by the City.Such connection will be made on or before said date.There shall be no utility moratorium effective against the Tribe,its lessees,assignees,or successors in interest to the ownership of the subject property or any portion thereof for a period of six (6) SETTLEMENT AND COMPROMISE AGREEMENT - 2 /,..•~.;.;....r :,~..t· ~I"it' ~'•... months from the date of this agreement.Thereafter,any application will be subject to the moratorium provisions of paragraph 2 herein.If a connection is not made on or before October 1st,1984,then the applicant must reapply. Furthermore,prior to October 1st,1984,the only lIimpact data ll which·would be required of an applicant would relate to projections of utility flows,special effluent treatment required or hazards related to the type of effluent involved. After October 1st,1984,all applications for utility service to the subject property shall be granted if in conformity with applicable Marysville utility code requirements not inconsistent with the terms of this agreement. 10.The parties will strive to cooperate toward miti- gation of any traffic problems at the 1-5 interchange. 11.Upon the execution of this agreement and in reliance upon each party's pledge of good faith to adhere to same, the parties hereby authorize their attorneys and direct same to forthwith dismiss with prejudice and without cost or fees to either party all pending state and federal actions between same,including claims,if any,relating to members of either party t~this agreement in individual capacities. 12.It is understood that nothing contained herein shall be deemed an admission by either of one to the other of the validity of any claims made Or positions taken in the pending litigation. DATED this 25th day of April,1983. a municipal THE TULALIP TRIBES OF WASHINGTON SETTLEMENT AND COMPROMISE AGREEMENT - 3 ..'~ •~~,,...~......;~~~'''J I>~r ••~:.•~:~ J "., -r 1>.ILv CORRECTION DEED TO CORRECT DOCUMENT RECORDED NO.123 1096 UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs CORRECTION DEED TO RESTRICTED INDIAN LAND THIS INDENTURE,made and entered into this att?day of ~;l8';2-,one thousand nine hundred and eighty-two,by and, between ALTHEA H.EPPERSON,AS GUARDIAN OF THE ESTATE OF ALFRED SAM,an incompetent person,No.130-3051,as his sale and separate property,of Marysville,Washington,Indians,party of the first part,'and 'THE UNITED STATES OF AMERICA IN TRUST for the use and benefit of THE TULALIP TRIBES OF WASHINGTON,Party of the second part; W~TNESSETH,that said party of the first p~rt,for and in consideration of the sum of Three Hundred Fifty-Nine Thousand Dollars ($359,000.00)in hand paid,the receipt of which is hereby 'acknowledged,does hereby grant,bargain,sell and convey unto said party of the'seconq~part,the following described real estate and premises situated in ,Snohomish County,State of Washington, on the Tulalip Indian Reservation,to-wit: That parcel of land located in Sections 29 and 32,Township 30 North,Range 5 East of the Willarnette Meridian,Snohomish County, Washington,described as follows:Commencing at the East quarter corner of said Section 29;thence S 0048 128"W,along the East line of said Section 29,a distance of 764.•50 feet to the center line of the old Marysville-Tulalip Road;thence N 88°59 126"W,along said center line,a distance of 760.00 feet to a point on the West line of the East 760.00 feet of said Section 29,which point is the True Point of Beginning;thence continuirig N 88°59 126"W,along said center line,a distance of 560.50 feet to a point on the West line of the Northeast Quarter of the Southeast Quarter of said section 29;thence S l039'2l flW,along the West line of said Northeast Quarter of the Southeast Quarter of Section 29,a distance of 526.62 feet to the Northwest corner of the Southeast Quarter of the Southeast Quarter of said Section 29,thence S lOlO'05"W, "along the West line of said Southeast Quarter of the Southeast Quarter."of Section 29,a distance of 1359.22 feet to the Southwest corner of said Southeast Quarter of the Southeast Quarter of Section 29;thence 5 l007 137"W,along the West line of Government lot 1 in said Section 32,a distance of 540.00 feet;thence S 89°36'23 f1E a distance of 577.81 feet to a point on the West line of the East 760.00 feet of said Government Lot 1;thence N lOOl'37"E,along the West line of the East 760.00 feet of said Government Lot 1,a dis- tance of 533.25 feet to the Northwest Corner of the East 760.00 feet of said Government Lot 1;tHence N 0048 128 f1E,along the West line of the East 760.00 feet of said Sec~ion 29,a distance of 1886.36 feet to the True Point of Beginninq.Containina 31.80 acres,more or less. ....'-.:'"-,.......~."....·0 .•. I I 1 _ ,. ...\.'. ".'.:..I!'.~ J I..'I ~..~..."'.. 'l south 1,1°47'20"eas t a distance of 729.27 feet;thence south 0°28'20" west a distnnce of 148.70 feet;thence north 41°47'20"wcs t a distance of 834.57 feet to the west line'of said SE 1/4 of the SE 1/4;thence north 1°09'55"east along said west line a distance of 73.38 feet to the True Point of Beginning. Parcel "0"(as per plat identified as Marine View Drive,Proposal Ill, dated 12/71).All that portion of the NE 1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,W.M., more particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4; being the True Point of Beginning;thence south 87"23'31"east along the south line of said NE 1/4 SE 1/4,a distance of 69.97 feet;thence north 41°47'20"west a distance of 10L75 feet to a point on the west line of said NE 1/4 SE 1/4;thence south 1°39'21"west along said west line a distance of 72.71 feet to the True Point of Beginning. Parcel "E"(as per plat identified as Marine View Drive,Proposal fll, dated 12/71).All that portion of the NE 1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,W.M., more particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4; thence north 1°39'21"east along the west line of said NE 1/4 SE 1/4, a distance of 72.71 feet to the True Point of Beginning;thence south 41°47'20"east a distance of 43.63 feet;thence north 1°39'21"east, 30.00 feet east of and parallel with the west line of said NE 1/4 SE 1/4,a distance of 411.33 feet;thence on the arc of a curve to the right, that is'radial to the foregoing bearing,having a radius of 35.00 feet and subtending an angle of 89°20'30"a distanae of 54.57 feet to a point on the south right-of-way margin of the Snohomish County Road No.8, also known as the Marysville-Tulalip Road;thence north 89°00'00"west along said south margin a distance of 64.60 feet to a point on the west line of said NE 1/4 SE 1/4;thence south 1°39'21"west along said west line a distance of 423.91 feet to the True Point of Beginning. Together with a non-exclusive easement for access to the waters of the £bey Slough by road and for utilities to be used in common with the grantor, his heirs,successors and assigns,over,under,upon and across the west 40 feet of the remaining south portion of Government Lot I,Section 32, Township 30 North,Range 5 East,W.M.,Snohomish County,Washington, owned by the grantor and not hereby conveyed to the grantee,including tidelands abutting thereon if.any there be. SUBJECT to easements documented and on file with the Chief,Titles & Record Section,Portland Area Office;Nos.123-150;123-155;123-532; 123-526. Title to the land herein described shall be subject to any existing ease- ments for public roads and highways,for public utilities and for railroads and pipelines and any other rights of way of record. This acquisition is made pursuant to the Act of 1974 -Title I,Section 10~.(88 Stat.77). Together with all the improvements thereon and the appurtenances there- unto belonging.And the said party of the first part,for h Lmse Lf and his heirs,executors,and administrators,does hereby covenant,promise, and agree to and with the said party of the second part,its successors and assigns,that they will forever warrant and defend the said premises against the claim of all persons,claiming or to claim by,through,or under themselves only. ~-.'----_._--_.- ,. , .'..... ,'" To have and to hold said described premises unto the s~id part of the second p~rt.its successors t executors t aaministrators t and assigns t ~' - I~l I t:) forever. IN WITNESS WHEREOF,That said party of the first part,has hereunto set his hand arid seal,the day and year first above writteL c /Ittlz ill 7/.}f;Lf,plL kKiAr5 ALTHEA H.EPPERSON,as a~ardian of the estate of ALFRED SAM,an . incompetent person. Acknovledgments must be in accordance with the forms prescribed by the State in which the land is situated. STATE OF WASHINGTON ) COUNTY OF :ss. SNOHOMISH) BE IT RDfEHBERED,That on this 2c7 ~ay of December,A.D.,1977, before the undersigned,a Notary Public in and for the County and State, aforesaid,personally appeared ALTHEA H.EPPERSON,as Guardian of the Estate o~ALFRED SAM,an Incompetent Person,to me persona1ly known"to be the identical person who executed the within instrument of writing,and _. .' such person duly acknowledged the execution of the same.·9 IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed my seal on the day and year last hereinabove written.As his free and voluntary act and deed for the use and p ." N ~ary Public in and for of l-las h i ngt on residing td UNITED STATES DEPARTHENT OF THE INTERIOR My connnission expires 9/21/81 The The within deed is recorded As~istant£AJi fJ I~Ev·iQR Office of ~ndian-Affairs in Volume ~•••t.-.r '...~~~~ t ' I Page ,Inherited Indian Land Deed Book.----- ~~.J~'1'-·.,. .I • I.,....:~.;"j\v,) ".'." 123 "['r. -, ••... .'" •~I ~t,., ~:.~.~~•.v t;'.J. i 1"~.I ", ...~_.,,0 .~ ~'"........,. ..123 1300 EXCEPT the following described tract deeded to Snohomish County by Deed approved August 1,1974,recorded PAO 123-911,containing 2.2 acres,more or less. Parcel "B"(as per plat identified as Marine Vie~Drive,Proposal 11,dated 12/71).All that portion of the SE 1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,W.M.,More particularly described as follows:Beginning at the northwest corner of said SE 1/4 SE 1/4 being the true point of beginning,thence south 87°23'31"east along the north line of said SE 1/4 SE 1/4 a distance of 69.97 feet;thence south 41°47'20"east a distance of 729.27 feet; thence south 0°28'20"west a distance of 148.70 feet;thence north 41 °47 '20"west a distance of 834.57 feet to the west line of said SE 1/4 of the SE 1/4;thence north 1°09'55"east along said west line a distance of 73.38 feet to the True Point of Beginning. Parcel "On (as per plat identified as Marine View Drive,Proposal iI,dated 12/71).All that portion of the NE 1/4 of the SE 1/4 of Section 29,Township -30 North,Range -5 East,W.M.,more particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4;being the True Point of Beginning;thence south 87°23'31"east along the south line of said NE 1/4 SE 1/4,a distance of 69.97 feet;th~nce north 41°47'20"west a distance of 101.75 feet to a point on the west line of said NE 1/4 SE 1/4;thence south 1°39'21"west along said west line a distance of 72.71 feet to the True Point of Beginning. Parcel nE n '(as per plat identified as Marine View Drive,Proposal iI,dated 12/71).All that portion of the NE 1/4 of the SE 1/4 of ~ Section 29,Township 30 North,Range.S East,W.M.,more"particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4;thence north 1°39 121 11 east along the west line of said NE 1/4 SE 1/4,a distance of 72.71 feet to the True Point of Beginning;thence south 41°47 120"east a distance of 43.63 feet; thence.north 1°39'21 n east,30 feet east of and parallel with the west line of said NE 1/4 SE 1/4,a distance of 411.33 feet; thence on the arc of a curve to the right,that is radial to the foregoing bearing,having a radius of 35.00 feet and subtending an angIe of 89°20'30"a distance of 54.57 feet to a point on the south right-of-way margin of the Snohomish County Road No.8, also known as the Marysville-Tulalip Road;thence north 89°00.00" west along said south margin a distance of 64.60 feet to a point on the west line of said NE 1/4 SE 1/4;thence ~outh 1°39 121"west along said west line a distance of 423.91 feet to the True Point of Beginning. Together with a non-exclusive easement for access to the waters of the Ebey Slough by road and for utilities to be used in common with the grantor,his heirs,successors and assigns,over,under, upon and across the west 40 feet of the remaining south portion of Gove~nment Lot 1,Section 32,Township 30 North,Range 5 East, W.M.,Snohomish County,Washington,owned by the grantor and not hereby conveyed to the grantee,including tidelands abutting there9n if any there be. SUBJECT to easements documented and on file with the Chief,Title &Record Section,Portland Area Office;Nos.123-150,123-155; 123-532;123-526. Title to the land herein described shall be subject to any existing easements for public roads and highways,for public utilities and for railroads and pipelines and any other rights of way of record. This acquisition is made pursuant to the Act of 1974 -Title I, Section 106.(88 Stat ..77),. .". ::.":..:. .:.!-,-'.".- ..; ~ 4 4'.•I ~.".....}~:~~.j. ,,~....'.I ",.......... •....\oj.~ ~.Together will all the improvements thereon and the appurtenances thereunto belonging.And the said party of the first part,for himself and his heirs,executors and administrators,does hereby covenant,promise and agree to and with the sai~'party of the second part,.its successors and assigns,that they will forever warrant and defend the said premises against the claim of all persons,claiming or to calim by,through,or under themselves only. TO have and to hold said described premises unto the said party of the second part,its successors,executors,administrators, and assigns,forever. IN WITNESS WHEREOF,that said party of t~e first part,has hereunto set his hand and seal,the day and year first above written. -tZlddd~ ALTHEA H.EPPER~,/as Guardian of the estate of ALFRED SAM,an incompetent person. STATE·OF WASHINGTON COUNTY OF SNOHOMISH ) )ss ) BE IT REMEMBERED that on this dP day of 71i.¥- ,1982, before the undersigned,a Notary Public in and for the County and State aforesaid,personally appeared ALTHEA H.EPPERSON,as Guardian of the Estate of ALFRED SAM,an incompetent person,to me personally kno~to be the identical person who executed the within instrument of writing,and such person duly acknowledged the execution of the same. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed my seal on the day and year last hereinabove written.As his free and voluntary act and deed for the use and purpose mentioned therein. QIJt±{\(\~('~~,,---~_ .No~ary pUbli~in land for the State of Washington,residing at:~l~tt..L My conunission expires:r!dd If d- ,'- ....:"".••+_•••~:~• Ill·;.•:~.......,.~'. .~.:.' ."". 5-5"46 (1956 Rev, ) Land bcjn;.conveyed ~as allotted to ALFF.!·:n SAN Allottee No.778 . TULALIP INDLAN RESERVATION UNITED STATES DEPARTHENT OF THE INTERIOR Bureau of Indian'Affairs DEED TO RESTRICTED INDIAN LAND THIS INDENTURE,Made and entered into this seventy-seven one thousand nine hundred and ,by 7'--:;.,.2 day of December and between ALTHEA H. EPPERSON,AS GUARDIAN OF THE ESTATE OF ALFRED SAM,an incompetent per- son,No.130-3051,as his sole and separate property,of Marysville, Washington,Indians,part of the first part,and THE UNITED STATES OF AMERICA IN TRUST for the use and benefit of THE TULALIP TRIBES OF WASHINGTON,Party of the second part: WITNESSETH,That said party of the first part,for and in consider-, ation of the sum of THREE HUh~RED FIFTY-NINE THOUSAND ($359,000.00) dollars,~hand paid,the receipt of which is hereby acknowledged t does hereby grant,bargain,sell,and convey unto said party of the second part,the following described real estate and premises situated in Snohomish County,State of Washington,on the Tulalip Indian Reservation, to wit: .g That parcel of land located in sections29 and 32 t To~ship 30 North t !d Range 5 East,Willarnette Meri~ian,Snohomish CountYt ~ashington,described as follows:Commencing at the East quarter corner section 29,thence south 0°30'east 758 feet,more or less t to center line of Old }~rysville­ Tulalip Road thence SOQth 89°30'west 760 feet along the Old Marysvil1e- Tu1alip Road to the point of beginning;thence south 89 D30'west 560 feet to a point on the west line NE 1/4 SE 1/4 of section 29;thence south 0°30'east 1895.28 feet along the west line NE 1/4 SE 1/4 an~SE 1/4 SE 1/4 to the southyest corner SE 1/4 SE 1/4;thence South 0°14' east 540 feet along the west line of the NE 1/4 NE 1/4,Section 32,to a point;thence north 89°30'east 560 feet;thence north 0°30'west 2,435.28 feet,more or less,to the point of beginning,containing 31.28 acres, more or less.EXCEPT the following described tract deeded to Snohomish County,by deed approved 8/1/74,recorded PAO 123-911,containing 2.2 acres,more or less. Parcel "B"(as per plat identified as Ha r Lne View Drive,Pr opos aL 01,Dated 12/11).All that portion of the SE 1/4 of the SE 1/4 of Section 29,Tovnsh Lp 30 North,Range 5 East,W.N.,More particularly described as follows:Beginning at the northwest corner of said SE 1/4 SE 1/4 being the true point of beginning,thence south 87°23'3111 east along. the north line of said SE 1/4 SE 1/4 a distance of 69.97 feet;thence -, 1-"." ·r~.•..,--...~ EXHIBIT "An / The within deed is hereby approved: .---::0:..... fnt€fi!d In:1/ Tract P.n.--.c1{----..~-""~.1-.(...:...·~ll,,;•__..------ "'.',"'..•