HomeMy WebLinkAbout0302 - Tulalip Tribes - Agreement - Wheel Water Agreement (2005)AGREEMENT BEiWEEN TULALIP TRIBES OF WASHINGTON
AND CITY OF MARYSVILLE, WASHINGTON
THIS AGREEMENT is entered into this 3L..qjay of March, 2005 by and between
the Tulalip Tribes of Washington, a federally recognized Indian tribe organized pursuant·
to Section 16 of the Indian Reorganization Act of 1934, as amended, and governed by
the Board of Directors of the Tulalip Tribes of Washington, hereinafter referred to as
"the Tribe" and the City of Marysville, a municipal corporation of the State of
Washington, hereinafter referred to as "the City".
I. RECITALS.
A. The City is undertaking the construction of certain roadway
improvements at the intersection of State Avenue and 116th Street, N. E. and within the
116th Street, N.E. corridor between State Avenue and Interstate 5. The project is being
funded in part by Transportation Improvement Board (TIB) funds. In order to receive
said funds the City must be able to certify that it possesses all real property rights
necessary to construct said street and. intersection improvements.
B. Certain property within the 116th Street, N.E. corridor is owned by
the Tribe and/or is held in trust for the Tribe by the United States government. An
easement in favor of the City for street, utility and other public purposes is necessary to
enable the construction of the improvements referenced in l(A) above.
C. The City owns certain real property located within the Tribe's
Reservation which is surplus to the needs of the City and which can serve as
consideration for the grant cif the easement described in 1(8) above.
D. The Tribe and the City wish to memorialize other and further
agreements relating to the planning of a future transportation center station, wheeling of
water, annexation and other jurisdictional and planning issues as more specifically
described herein.
II. EASEMENT. The Tribe agrees to grant a easement to the City within the
116th Street corridor in the form attached hereto as Exhibit A. The grant and
execution of the easement shall be concurrent with the execution of this agreement.
The Tribe further covenant and agree to take such actions as may be necessary to
provide an easement in the form necessary to permit the City to acquire title insurance
insuring the interest granted in the easement. If necessary to provide insurable title, the
Tribe covenant and agree to secure proper execution of the easement attached as
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EXHIBIT B hereto by the Bureau of Indian Affairs/Department of the Interior and deliver
the same to the City for recording not later than thirty (30) business days after execution
· of this agreement by both parties.
Ill. DEEDING OF PROPERTY. The City agrees to deed certain real property
to the Tribe located within the boundaries of the Tulalip Reservation. The form of the
deed is attached hereto as Exhibit C. The deed shall be executed concurrent with the .
execution of this agreement.
IV. WATER WHEELING AGREEMENT ADDENDUM. The City and the Tribe
agree to execute an Addendum to the 1995 Water.Wheeling Agreement between the
parties in the form attached hereto as Exhibit D. The Addendum shall be executed by
the parties concurrent with the execution of this agreement.
V. FUTURE TRANSPORTATION CENTER. The parties agree that a future ·
transportation center will be located south of 116th Street, N. E. and west of State
Avenue (Smokey Point Boulevard). The City agrees to utilize a Master Plan approach
to aid in facilitation of a future transportation center at that location and will encourage
and support the participation by the Tribe in such process to facilitate inter-modal
transportation connections between the two communities.
VI. URBAN GROWTH AREA OF CITY. The City, its employees and agents
agree to not request Snohomish County to modify the City's Urban Growth Area to
include any portion of the Tulalip Indian Reservation as it exists at the date of this
agreement. The Tribe agrees that it will not apply for trust status of any real property it
owns within the N.W. quarter and of the S.W. quarter of Section 9, Township 30 North,
Range 5 East, W.M. situated in Snohomish County, Washington. The Tribe agrees to
withdraw and cease to process any application for trust status which may be pending
within said Area. This growth agreement summarized here is memorialized in a
Contract attached hereto as Exhibit E and made a part of this agreement.
VII. FUTURE ROADWAY. The City and Tribe agree to plan for and cooperate
concerning the design and construction of a new roadway located on the west side of
Interstate 5 between 172nd Street, N.E. and 140th Street, N.E.
VIII. EMERGENCY INTERTIE. The City agrees that the current sewer
connections at 88th street/1-5. highway may be used by the Tribe on an emergency basis
for the conveyance of wastewater to the capacity of the lift station at that location. The
use of said emergency sewer intertie shall be subject to payment to the.City by the
Tribe of the applicable, utility rates and compliance with applicable provisions of the
City's Utility Code. This waste water agreement summarized here is memorialized by
an addendum (see Exhibit F) to the April 12, 1999 Wastewater agreement between the
Tribe and the City.
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IX. SOUTHBOUND EASEMENT. The Tribe agree to grant an easement to
the City in the form attached hereto as Exhibit G. This ninety foot wide north/south
easement (explicitly depicted as a north/south roadway in the promulgated 'Marysville
Comprehensive Plan', figure 10, effective at the date of this writing) is for public street·
and utility purposes across that portion of the NW quarter and of the SW quarter of
Section 9, Township 30 North, Range 5 East, W.M. situate in Snohomish County,
Washington known as tax parcel ID number: 300509-003-033-00. The deed shall be
executed concurrent with the execution of this agreement. If necessary to provide
insurable title, the Tribe covenant and agree to secure proper execution of the
easement attached as EXHIBIT G hereto by the Bureau of Indian Affairs/Department of
· the Interior and deliver the same to the City for recording not later than thirty (30)
business days after execution of this agreement by both parties.
X. WASTEWATER CAPACITY TRANSFER: The Tribe constructed and
paid fees for a waste water intertie at the 88th Stre.et/1-5 highway intersection connection
to the City's wastewater system in the 1990's. This intertie connection will remain in
place and operational solely for the purposes as agreed in VIII paragraph above. This
50,000 gpd capacity/service in the City's pipes and plant is being transferred by this
agreement to the intersection at 116th Street, N.E. and State Avenue with a tee to
provide future sewer service to the above-described property. Service shall be subject
to the terms of the MOA dated April 12, 1999 and the Tribes compliance with City
development and utility codes ahd standards whether any of said property is in trust
status. It is specifically understood that no sewer service at said location shall be
provided without compliance with said codes and payment of applicable fees.
XI. ENTIRE AGREEMENT. This agreement, with the attachments
incorporated herein by reference, constitutes the entire agreement between the parties
and there are no verbal agreements, nor will there be any verbal agreements, which
modify or amend this agreement. Time is of the essence in this agreement.
XII. SEVERABILITY. If any section, subsection, sentence, clause, phrase or
word of this agreement should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity .or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, subsection, sentence, clause, phrase or
word of this agreement.
XIII. VENUE/DISPUTES. The parties each agree and consent to the
resolution of any dispute relating to the breach, interpretation, or application of this
agreement to the Superior Court of Snohomish County Washington.
DATED. this '3 \ ~ day of March, 2005.
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TULALIP TRIBES OF WASHINGTON THE CITY OF MARYSVILLE
~Mll';Y) tat1i:JO es~. ~~~·
Dennis L. Keall, Mayor ·
·Chairman·
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.. , .· ·~ '
EXIDBIT A
AFTER RECORDING RETURN TO:
City of Marysville
1049 State Ave.
Marysville, WA 98270
CITY OF MARYSVILLE
EASEMENT FOR PUBLIC STREET AND UTILITIES
Grantor:
Grantee:
Legal Description:
Tax Parcel ID#:
TULALIP TRIBES OF WASHINGTON
CITY OF MARYSVILLE
Ptn. SW ~ & NW 1A 9-30-05 Add'l on page 1 & 2
300509-003-033-00
THIS INDENTURE is made this '3 \'iday of A'\M-Ch , 2005, between
TULALIP TRIBES OF WASHINGTON, Jl federally recognized Indian tribe. organized
pursuant to Section 16 of the Indian Reorganization Act of 1934, as amended, 25 U.S.C
§476, governed by the Board of Directors of theTulalip Tribes of Washington as
provided in Article VI of the Constitution and Bylaws of the Tribes, and recognized as a
"public agency" as defined in RCW 39.34.020, hereinafter referred to as "Grantor, '' and . .
the CITY OF MARYSVILLE, a municipal corporation of the State of Washingtoµ,
hereinafter referred to as "Grantee"; WITNESSETH: ··
WHEREAS, Grantor is the owner of certain lands and premises situated in the ·
County of Snohomish, State of Washington described as follows:
That portion of the Northwest Quarter and of the Southwest Quarter of
Section 9, Township 30 North, Range 5 East, W.M., as described in
those conveyances to the United States of America recorded under
Auditor's file numbers 746345 and 746283 and transferred to the Tulalip
Indian Nation under Auditor's file number 889496 and known as the Wye
Connection Depot Railroad.
mv/tulalip.ea$e2:doc M-00-040 3/24/05 1
O_ ,• ;-•I
Situate in the County of Snohoniish, State of Washington.
and,
WHEREAS, Grantee is desirous of acquiring certain rights and privileges across,
over, under and upon said lands and premises;
NOW, THEREFORE, Grantor, for valuable consideration, the adequacy and
receipt of which is hereby acknowledged, hereby conveys and warrants to the Grantee, .
its successors and assigns, and its contractors, employees, peniiittees and licensees, a
perpetual, nonexclusive right-of-way for public street and utilities, including, but not
limited to, water, sanitary sewers and storm sewers, and other public purposes over,
under, through, across and upon the following-described lands and premises situated in
the County of Snohomish, State of Washington, to-wit:
That part of the above-described parcel described as follows:
The South 37.00 feet of the Northwest Quarter and the North 53.00 feet
of the Southwest Quarter of Section 9, Township 30 North, Range 5 East,
w:M. except that portion lying within the existing right-of-way of 116th
Street NE.
CONTAINING 9,292 SQUARE FEET, MORE OR LESS
TOGETHER WITH the perpetual right, .privilege and authority to construct, reconstruct,
alter, change, improve, repair, renew, operate, maintain and patrol the public street and
utility improvements, pipes and appurtenances, and the right at anytime to remove said
. public street, utility lines and appurtenances, or any of them. ·
AND TOGETHER WITH the right to remove the pump station currently located
within the right-of-way area, at Grantee's expense.
The Grantor shall make no use of the right-of-way area which is inconsistent with
the rights granted to the Grantee here'under or which endangers the public safety.
The Grantor shall not erect any buildings or structures of any nature in the right-
.of-way area or undertake any activity on the rightcof-way area which would disturb the
right-of-way improvements or endanger the lateral support of the improvements. If
Grantor violates this paragraph, Grantee shall have the right to remove, or require
removal of, any obstruction, or to restore, or require restoration of, the right-of-way
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,, ,,
area to the condition which existed before violation of this paragraph; either of which
shall be accomplished 'within a reasonable period of time and at Grantor's expense.
Grantee shall indemnify and hold Grantor harmless from any and all claims or
causes of action arising out of Grantee,' s exercise of the rights conveyed herein, except
where such claim or cause of action arises out of or on account of the actions of Grantor.
The Grantor covenants to and with the Grantee that Grantor is !awfully seized
and possessed of the land aforesaid; has a good and lawful right and power to sell and
convey same; that same is free and clear of encumbrances, except as above indicated;
and that Grantor will forever warrant and defend the title to said right-of-way and the
quiet ,possession thereof against the lawful claims, and demands of all persons
whomsoever. The Grantor further represents, warrants and covenants that the Board of
Directors of the Tulalip Tribes of Washington has approved this right-of-way and has
authorized the undersigned to execute this right-of-way, 'and that the undersigned has the
requisite authority to bind the Grantor, without further approval of any other public ,
agency including, but not limited to, the Bureau of Indian Affairs and the Federal
Department of the Interior.
This conveyance shall be a covenant running with the land, and shall be binding
on the Grantor and Grantor's heirs, successors and assigns forever.
The rights, title, privileges and authority hereby granted shall be enforceable in
the Snohomish County Superior Court, State of Washington, and shall continue to be in
force until such time as ,the Grantee, its successors or assigns, shall permanently remove
said public street, utilities and appurtenances from said lands, or shall otherwise
permanently abandon said public street, utilities and appurtenances, at which time all
such rights, title, privileges and authority hereby granted shall terminate.
IN WITNESS WHEREOF, this instrument has been executed the day and year
first above written.
TULALIP TRIBES OF WASHINGTON, Grantor
By~l.-s~A 3-\
Chairman, Tribal Board of Directors
ACCEPTED:
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· CITY OF MARYSVILLE
By~;<JdJJ/
DENNIS L. KENDALL, Mayor
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' ,..,
STATE OF WASHINGTON ) .
)ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that STANLEY G. JONES, SR. is the
person who appeared before me, and said person acknowledged that he signed this instrument, on
oath Stated that he was authorized to execute the instrument and acknowledged it as the Chairman
of the Tribal Board of Directors of TULALIP TRIBES OF WASHINGTON to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this _id: day of .111,rd , 2005.
LENA ARLET JONES
NOTARY PUBLIC .
ST A1E OF WASHINGTON
COMMISSION EXPIRES
JULY29 2006
mvftulcilip.eas·e2.doc M~00-040 _3/24/05
(Legibly print name of notary)
NOTARY PUBLIC in and for the State of
.Washington,. residing at --;; ~/ 4
My commission expires -.:::> !l~o?
5
.··: ,•'
EXHIBITB
AFTER RECORDING RETURN TO:
City of Marysville
1049 State Ave.
Marysville, WA 98270
CITY OF MARYSVILLE
EASEMENT FOR PUBLIC STREET AND UTILITIES
Grantor:
Grantee:
Tax Parcel ID#:
UNITED STATES OF AMERICA IN TRUST FOR
THE TULALIP TRIBES OF THE TULALIP INDIAN
RESERVATION, WASHINGTON
CITY OF MARYSVILLE
Legal Description:
300509-003-033-00
Ptn. SW J,.\ & NW J,.\ 9-30-05
Add'l on page 1 & 2
THIS INDENTURE is made this day of , 2005, between
UNITED STATES OF AMERICA IN TRUST FOR THE TULALIP TRIBES OF THE
TULALIP INDIAN RESERVATION, WASHINGTON, hereinafter referred to as
"Grantor," and the CITY OF MARYSVILLE, a municipal corporation of the State of
Washington, hereinafter referred to as "Grantee"; WITNESSETH:
WHEREAS, Grantor is the owner of certain lands and premises situated in the
Comity of Snohomish, State of Washington described as follows: ·
That portion of the Northwest Quarter and of the Southwest Quarter of
Section 9, Township 30 North, Range 5 East, W.M., as described in
those conveyances to the United States of America recorded under
Auditor's file numbers 746345 and 746283 and transferred to the Tulalip
Indian Nation under Auditor's file number 889496 and known as the Wye
Connection Depot Railroad.
mv/tulalip.ease3.doc M-00-040 3/24/05 1
" ,,
Situate in the County of Snohomish, State of Washington.
and,
WHEREAS, Grantee is desirous of acquiring certain rights and privileges across,
over, under and upon said lands and premises;
NOW, THEREFORE, Grantor, for valuable consideration, the adequacy and
receipt of which is hereby acknowledged, hereby conveys and warrants to the Grantee,
its successors and assigns, and its contractors, employees, pertnittees and licensees, a
perpetual, nonexclusive right-of-way for public street and utilities, including, but not
limited to, water, sanitary sewers and storm sewers, and other public purposes over,
under, through, across and.upon the following-described lands and premises situated in
the County of Snohomish, State of Washington, to-wit:
That part of the above-described parcel described as follows:
The South 37.00 feet of the Northwest Quarter and the North 53.00 feet
of the Southwest Quarter of Section 9, Township 30 North, Range 5 East,
W.M. except that portion lying within the existing right-of-way of 116th
Street NE.
CONTAINING 9,292 SQUARE FEET, MORE OR LESS
TOGETHER WITH the perpetual right, privilege and authority to construct, reconstruct,
alter, change, improve, repair, renew, operate, maintain and patrol the public street and
utility improvements, pipes and appurtenances, and the right at anytime to remove said
·public street, utility lines and appurtenances, or any of them.
AND TOGETHER WITH the right to remove the pump station currently located
within the right-of-way area, at Grantee's expense.
The Grantor shall make no use of the right-of-way area which is inconsistent
with the rights granted to the Grantee hereunder or which endangers the public safety.
The Grantor shall not erect any buildings or structures of any nature in the right-
of-way area or undertake any activity on the right-of-way area which would disturb the
right~of-way improvements or endanger the lateral support of the improvements. If
Grantor violates this paragraph, Grantee shall have the right to remove, or require
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removal of, any obstruction, or to restore, or require restoration of,. the rightcof-way
area to the condition which existed before violation of this paragraph; either of which
shall be accomplished within a reasonable period of time and at Grantor's expense.
Grantee shall indemnify and hold Grantor harmless from any and all claims or
causes of action arising out of Grantee's exercise of the rights conveyed herein, except
where such claim or cause of action arises out of or on account of the actions of Grantor.
The Grantor covenants to and with the Grantee that Grantor is lawfully seized
and possessed of the land aforesaid; has a good and lawful right and power to sell and
convey same; that same is free and clear of encwnbrances, except as above indicated;
and that Grantor will forever. warrant and defend the title to said right-of-way and the
quiet possession thereof against the lawful claims and demands of all persons
whomsoever.
This conveyance shall be a covenant running with the land, and shall be binding
on the Grantor and Grantor's heirs, successors and assigns forever.
The rights, title, privileges and authority hereby granted shall be enforceable in
the Snohomish County Superior Court, State of Washington, and shall continue to be in
force until such time as the Grantee, its successors or assigns, shall permanently remove
said public street, utilities and appurtenances from said lands, or shall otherwise
permanently abandon said public street, utilities and appurtenances, at which time all
such rights, title, privileges and authority hereby granted shall terminate.
IN WITNESS WHEREOF, this instrument has been executed. the day and year
first above written.
CITY OF MARYSVILLE
UNITED STATES OF AMERICA IN TRUST FOR
THE TULALIP TRIBES OF THE TULALIP
INDIAN RESERVATION, WASHINGTON
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By~~~/_
DENNiSC ND ALL, Mayor
\
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,.
STATE OF lUash• "'j\-o>'I )
)ss.
COUNTY OF.$YLo\,w 11At9k)
I certify that I know or have satisfactory evidence that \>eyi VI ~ S L , fee nda. I /
___ _c_ _____________ is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized
to execute the instrument and acknowledged it as the _ __,t'YL'-'--""'"''-'u>f-L'-o_,_r _________ _
of C..1-\;1 o\'. YYlr:...r1sv1'Jle. ' I . .
to be the free and voluntary act of such party for the uses and purposes ment10ned m the
instrument.
st
DATED this _._I _ day of _,_A_._.p,_.r-'''-' l __ , 2005.
(Legibly print name of notary)
NOTARY PUBLIC in and for the State of
residing at mcu 1 s. v /I I e.
My commission exp_Ires · () 7-0 J -t?.5
otary ·c
State of Washington
LILLIE LEIN .p
Iii'( COMMISSION EXPIRES ii-;;
Jul 1 2005
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EXHIBITC
After Recording Return to:
TULALIP TRIBES OF WASHINGTON
6700 TOTEM BEACH
MARYSVILLE, WA 98271
QUIT CLAIM DEED
THE GRANTOR, CITY OF MARYSVILLE, a municipal corporation of the State of
Washington, for and in consideration of fulfillment of agreements in connection with the City of
Marysville' s State A venue I 116th Improvement Project an~ other agreements set forth in that
certain agreement between Grantor and Grantee dated '31 ~ 11\M , 2005, conveys and quit
claims to the TULALIP TRIBES OF WASHINGTON, a federally recognized Indian tribe
organized pursuant to Section 16 of the Indian Reorganization Act of 1934, the
following-described real estate, situated in the County of Snohomish, State of Washington,
including any interest therein which Grantor may hereafter acquire:
PARCEL 1:
The West half of the Southeast quarter of the Southwest quarter of the Northeast
quarter of Section 1, Township 30 North, Range 4 East, W.M. in Snohomish
County, Washington.
Assessor's Tax Parcel ID#: 300401-001-010-00
PARCEL2:
The Southwest quarter of Government Lot 3 and the Northwest quarter of
Government Lot 4, in Section 19, Township 30 North, Range 5 East, W.M., in
Sno)lomish County, Washington.
Assessor's Tax Parcel ID#: 300519-003-002-00
DATED this "3\0° dayof_~·'-'M'-=acc....._ __ ,, 2005.
:'."Ki:y~
DENNIS L. KENDALL, Mayor
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...
STATEOFWASHINGTON )
)ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that DENNIS L. KENDALL is the
person who appeared before me, and said person acknowledged thathe signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of ·
CITY OF MARYSVILLE to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED this L day of A:p r ~ \ , 2005.
mv/tulalip.qcd.d9c MV-00-040 3/24/05
(Legibly priilt name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at l11t< r1S.v1"f/ e..
My commission expires 117 ..:.O I-/JS
otary Pu. "c
State of Washington
,LILLIE LEIN
WN COMMISSION EXPIRES
Ju 1 2005
2
EXIIlBITD
Addendum to 1995 Agreement
Between The City of Marysville
And The Tulalip Tribes of Washington to Wheel Water
This Addendum is hereby entered into by and between the City of Marysville, a
municipal corporation of Snohomish County, Washington hereinafter referred to as the "City"
and the Tulalip Tribes of Washington, hereinafter referred to as the "Tribes," as follows:
1.. This Addendum is intended to supplement and amend that certain agreement between
the parties entitled "1995 Agreement Between City of Marysville and the Tulalip
Tribes to Wheel Water" dated September 5, 1995.
2. The purpose of this Addendum is to modify the existing Wheeling Agreement at
Sections IV "Points of Connection", and Section XI "Term and Expiration". In
Section IV, the following bullets will be deleted from the existing agreement.
Single point connection 88th Street N.E. with a peak day of water demand of
210 gallons per minute.
Single point of connection at Marine Drive with a peak day water demand of
440 gallons per minute.
Simultaneous delivery at two points of connection ati Marine Drive and 88 ..
Street N.E. with a peak day water demand of 366 galloris per minute and 176
gallons per minute, respectively, for a total of 542 gallons per minute; and an ·
average day water demand of 473 gallons per minute and 240 gallons per
minute, respectively, for a total of 713 gallons per minute.
AND REPLACE WITH THE FOLLOWING:
Simultaneous delivery at three service points of connections: Marine Drive, 88 .. Street
N.E., and the 116 .. Street N.E. with a peak day demand of 440 gallons per minute at
Marine Drive (170 zone), and the simultaneous peak day witter demand for the 88 ...
Street N.E. plus 116 .. N.E. (240 zone) shall not exceed 2,400 gallons per minute.
3. Section XI shall be omitted and replaced with the following: "The term of this
contract shall be from the date of its mutual acceptance by all parties until the
expiration of the Everett and JOA Participants-Water Supply Contract, plus such
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extensions as may be mutually agreed upon."
4. All other parts and paragraphs of this agreement remain as written and continue with
full force and effect. ·
TULALIP 'fRIBES OF WASIIlNGTON THE CITY OF MARYSVILLE
v~/hid
Dennis L. Kendall, Mayor
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AFTER RECORDING, RETURN TO:
Tulalip Tribes of Washington (McK)
8802 27th Ave NE
Tulalip, WA 98271
CONTRACT AGREEMENT
THE TULALIP TRIBES OF WASHINGTON AND THE CITY OF MARYSVILLE, WA
This contract is made this _st day of March, .2005 between The Tulalip Tribes of Washington, a
federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of
1934, as amended, 25 U.S.C. § 476, governed by the Board of Directors of the Tulalip Tribes of
Washington as provided in Article VI of the Constitution and Bylaws of the Tribes, and recognized as
a "public agency" as defined in RCW 39.34.020, hereinafter referred to as "The Tribe" and the City of
Marysville, a Municipal Corporation of the State of Washington, hereinafter referred to as "The City".
WHEREAS, The Tribe has granted a right-of-way and easement on a portion of "Trust" real property
(see legal title in Attachment A) who's title is held by the United States of America for the benefit of
The Tribe, and
WHEREAS, the Exterior Boundaries of the Tulalip Indian Reservation were established by the United
States of America by the Treaty of Point Elliott in the year 1855, and
WHEREAS, The City respects these Exterior Boundaries of the Tulalip Indian Reservation as
established by the United States, and
WHEREAS, The City respects the right and privilege of The Tribe to govern, control, and to establish
laws, regulations, and ordinances for all real property within the exterior boundaries of the
Reservation, and ,
NOW, THEREFORE BY THIS CQNTRACT AGREEMENT, The City agrees not to take any action
and/or make any effort whatsoever to a.mend·boundaries, annex, include, or incorporate any real
property within ihe Exterior Boundaries of the Reservation, and
FURTHER, BE IT CONSUMMATED By THIS CONTRACT AGREEMENT, The Citywill not amend,
modify, adjust, change, nor advocate, recommend or urge any other Government to change the City's
legal boundaries to incorporate, or include any portion of the boundaries of the Federally recognized)
Tulalip Indian Reservation, and
FURTHER, BE IT CONSUMMATED BY THIS CONTRACT AGREEMENT, that in the event an effort
is made by the government body, an elected official, contractor, consultant or employed staff of The
City at any time in the future to annex or incorporate any properties within the Exterior Boundaries of
the Reservation, the aforementioned right-of-way and easement agreement is of no further force and
.its effect is null and void.
Contract Agreement between The Tulalip Tribes of Washington and the City of Marysville, WA Page I df2
Listed here as Exhibit E
...
• ,, t•
FURTHER, BE IT CONSUMMATED BY THIS .CONTRACT AGREEMENT, both parties to ihis
contract agree that this agreement is binding on both parties and their governments in perpetuity and
is forever linked to the aforementioned real property lease in that if the terms of the real property right-
of-way agreement are violated, this agreement is null and void and has no further force or effect, and
FURTHER, BE IT CONSUMMATED BY THIS CONTRACT AGREEMENT, that the names and
signatures of the officials appearing below are authorized to sign for the respective governments,
have executed the necessary legal instruments to cause this contract agreement to be binding upon
the respective party.
IN WITNESS WHEREOF, this instrument has been executed the day and year first above written.
THE TULALIP IRIBES OF WASHINGTON
~s~~-
Chairman
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
CITY OF MARYSVIL;E /
~o(A{Jj/
Dennis L. Kendall ·
Mayor
I certify that I know or have saiisfactory evidence that STANLEY G. JONES, SR. is the person who appeared
before me, and said person acknowledged that he signed this instrument on oath stated that he was authorized
to execute the instrument and acknowledged it as the Chair ofthe Tribal Board of Directors of the TULALIP
TRIBES OF WASHINGTON, to be the free and voluntary act of such party for the uses and purposes mentioned _ ......... """""~~
y of.dl:i. 2005 -r~c g~ 1,,,,,,...11J"">-¥"'611dy e11mch:N6 YPUBLIC in and for
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
the State of Washington, residing at Tulalip, WA
My commission expires 'l 1 "l. t\ , 200 Jj
I certify that I know or have satisfactory evidence that DENNIS KENDALL is the person who-appeared before
me, and said person acknowledged that he signed this instrument on oath stated that he was authorized to
execute the instrument and acknowledged it as the Mayor ofthe City of Marysville, Washington to be the free
and voluntary act of such party for the uses and purposes mentioned [n the instrument.
. Sf" f J:"~~ JJ..E . . '{J : -• ~ •
DATEDthisLdayo ,2005 ~;;tie. Le.~~ ~ d'\~ t•
£.I-WeREry Sh~i'ch: NOTARY PUBLIC in and for "1A...,s•Jlle
the State of washington, residing at -...ielip, w A My
Notary Pu · c commission expires P 'l -p I , 200.5'
State of Washington
LILLIE LEIN
MY COMMISSION l;XPIREs
Ju 1 2005
Contract Agreement between The Tulalip
Listed here as Exhibit E
ashington and the City of Marysville, WA Page 2 of2
. ' ...
ATTACHMENT A
TO A CONTRACT AGREEMENT
TIIE TULALIP TRIBES OF W ASIDNGTON AND TIIE CITY.OF MARYSVILLE, WA
The United States holds in Trust for The Tulalip Tribes certain lands and premises
situated in the County of Snohomish, State of Washington described as follows:
That portion of the Northwest Quarter and of the Southwest Quartei: of Section
9, Township 30 North, Range 5 East, W.M., as described in those conveyances
to the United States of America recorded under Auditor's file numbers 746345
and 746283 and transferred to the Tulalip Indian Nation under Auditor's file
number 889496 and known as the Wye Connection Depot Railroad all situated
in the County of Snohomish,. State of Washington.
This right-of-way and easement concerns that part of the above-described parcel
described as follows:
The South 37.00 feet of the Northwest Quarter and the North 53.00 feet of the
Southwest Quarter of Section 9, Township 30 North, Range 5 East, W.M.
except that portion lying within the existing right-of-way of 116th Street NE.
CONTAINING9,292 SQUARE FEET, MORE OR LESS
.. ' ,,,
EXBIBITF
ADDENDUM TO THE
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF MARYSVILLE
AND THE TULALIP TRIBES OF WASHINGTON
DATED APRIL 12, 1999
By this writing, the Memorandum of Agreement between the City of Marysville and the Tulalip
Tribes of Washington dated April 12, 1999 concerning wastewater service at the 881h street pump
station is hereby amended by adding to the original writing in section 1 -Policy Issue by inserting.
paragraph (b.) as written below;
1. The City Agrees that the current sewer connections at 88 1h street may be used by the Tribe on
an emergency basis for the conveyance of wastewater to the capacity of the lift station at that
location. The use of said emergency sewer intertie shall be subject to payment to the City by
· the Tribe of the applicable utility rates and compliance with applicable provisions of the City's
Utility Code. ·
2. The Tribe constructed and paid fees for a waste water intertie in the amount of
50,000 gpd at the 88th Street intersection connection to the City's wastewater system
in the 1990's. This intertie connection will remain in place and operational. This
50,000 gpd capacity/service at 881h Street in the City's pipes and plant is hereby
transferred by this agreement to the intersection at 116th Street, N. E. and State
Avenue with a tee to provide for sewer service to the above-described property
All other parts and paragraphs of this agreement remain as written and continue with full force and
effect.
TULALIP TRIBES OF WASHINGTON THE CITY OF MARYSVILLE
LLdg;
Denriis L. Kendall
Mayor
~.. 0' '
<\ ".
EXHIBITG
AFTER RECORDING RETURN TO:
City of Marysville
1049 State Ave.
Marysville, WA 98270
CITY OF MARYSVILLE
EASEMENT FOR PUBLIC STREET AND UTILITIES
Gran tor: TULALIP TRIBES OF WASHINGTON
CITY OF MARYSVILLE Grantee:
Legal Description: Ptn. SW \4 & NW \4 9-30-05 Add'! on page 1 & 2
300509-003-033-00 Tax Parcel ID#:
THIS INDENTURE is made this 3\ ~day of #\llY\ci · , 2005, between
TULALIP TRIBES OF WASHINGTON, a federally recognized Indian tribe organized
pursuant to Section 16 of the Indiart Reorganization Act of 1934, as amended, 25 U.S.C
§476, governed by the Board of Directors of the Tulalip Tribes of Washington as provided
in Article VI of the Constitution and Bylaws of the Tribes, and recognized as a "public
agency" as defined in RCW 39.34.020, hereinafter referred to as "Grantor," and the CITY
OF MARYSVILLE, a municipal corporation of the State of Washington, hereinafter
referred to as "Grantee"; WITNESSETH:
WHEREAS, Grantor is the owner of certain lands and premises situated in t:he
County of Snohomish, State of Washington described as follows:
and,
That portion of the Northwest Quarter and of the Southwest Quarter of
Section 9, Township 30 North, Range 5 East, W.M., as described in those
conveyances to the United States of America recorded under Auditor's file .
numbers 746345 and 746283 and transferred to the Tulalip Indian Nation
under Auditor's file number 889496 and known as the Wye Connection
Depot Railroad.
Situate in the County of Snohomish, State of Washington.
riw/tulalip S ease 2.doc M-00-040 3/25/05 1
•,o
WHEREAS, Grantee is desirous of acquiring certain rights and privileges across,
over; under and upon said lands and premises;
NOW, THEREFORE, Grantor, for valuable consideration, the adequacy and receipt
of which is hereby acknowledged, hereby conveys and warrants to the Grantee, its
successors and assigns, and its contractors, employees, permittees and licensees, a
perpetual, nonexclusive easement for public street and utilities, including, but not limited
to, water, sanitary sewers and storm sewers, and other public purposes over, under,·
through, across and upon the following-described lands and premises situated in the County
of Snohomish, State of Washington, to-wit:
That part of the above-described parcel described as follows:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 5 EAST, W.M. DESCRIBED AS
FOLLOWS: .
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE ALONG THE WEST LINE OF SAID NORTHEAST QUARTER
SOUTH 00°52'23" EAST A DISTANCE OF 598.90 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAib WEST LINE SOUTH 00~52'23"
EAST A DISTANCE OF 345 FEET MORE OR LESS TO THE NORTH LINE OF
"PARCEL A" OF THE LAND CONVEYED BY AUDITORS FILE NUMBER
7811170059; THENCE EASTERL YALONG SAID NORTH LINE TO A POINT
WHICH LIES 90.00 FEET FROM SAID WEST LINE, WHEN MEASURED AT RIGHT
ANGLES TO SAID WEST LINE; THENCE PARALLEL TO AND 90.00 FEET FROM
SAID WEST LINE NORTH 00°52'23" WEST A DISTANCE OF 355 FEET MORE OR
LESS TO A POINT WHICH BEARS SOUTH 88°46'44" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 88°46'44" WEST A DISTANCE OF 90.06 FEET TO
THE POINT OF BEGINNING. .
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. ,
TOGETHER WITH the perpetual right, privilege and authority to construct, reconstruct;
alter, change, improve, repair, renew, operate, maintain and patrol the public street and .
utility improvements, pipes and appurtenances, and the right at anytime to remove said
public street, utility lines and appurtenances, or any of them.
AND TOGETHER WITH the right to remove the pump station currently located
within the easement area, at Grantee's expense. ·
The Grantor shall make no use of the easement area which is inconsistent with the
rights granted to the Grantee hereunder or which endangers the public safety.
rnvftulalip Sease 2.doc M-00-040 3/25/05 2
1,; ,,.,
The Grantor shall not erect any buildings or structures of any nature in the easement
area or undertake any activity on the right-of-way area which would disturb the easement
improvements or endanger the lateral support of the improvements. If Grantor viOlates this
paragraph, Grantee shall have the right to remove, or require removal of, any obstruction,
or to restore, or require restoration of, the easement area to the condition which existed
before violation of this paragraph; either of which shall be accomplished within a
reasonable period of time and at Grantor's expense.
In accepting this easement, Grantee recognizes the Tribe's right and privilege to
construct a sixty foot wide transit rail line or roadway in an east to west direction across the
above granted easement and makes the City's easement expressly subordinate to the Tribe's
right granted herein.
Grantee shall indemnify and hold Grantor harmless from any and all claims or·
causes of action arising out of Grantee's exercise of the rights conveyed herein, except
where such claim or cause of action arises out of or on account of the actions of Grantor.
The Grantor covenants to and with the Grantee that Grantor is lawfully seized and
possessed of the land aforesaid; has a good and lawful right and power to sell and convey
same; that same is free and clear of encumbrances, except as above indicated; and that
Gnintor will forever warrant and defend the title to said easement and the quiet possession
thereof against the lawful claims and demands of all persons whomsoever. The Grantor
further represents, warrants and covenants .that the Board of Directors of the Tulalip Tribes
of Washington has approved this easement and has authorized the undersigned to execute
this easement, and that the undersigned has the requisite authority to bind the Grantor,
without further approval of any other public agency fucluding, but not limited to, the .,
Bureau of Indian Affairs and the Federal Department of the Interior.
This conveyance shall be a covenant running with the land, and shall be binding on
the Grantor and Grantor's heirs, successors and assigns forever.
The rights,. title, privileges and authority hereby granted shall be enforceable in the
Snohomish Couil.ty Superior Court, State of Washington, and shall continue to be in force
until such time as the Grantee, its successors or assigns, shall permanently remove said
public street, utilities and appurtenances from said lands, or shall otherwise permanently
abandon said public street, utilities and appurtenances, at which time all such rights, title,
privileges and authority hereby granted shall terminate.
IN WITNESS WHEREOF, this instrument has been executed the day and year fust
above written.
mv/tulalip S ease 2.tloc M-00-040 3/25/05 3
TULALIP TRIBES OF WASHINGTON, Grantor
ByS~~\s~'W\
Chairman, Tribal Board of Directors ·
ACCEPTED:
CITY OF MARYSVILLE
By~;(d9
DENNIS L. KENDALL, Mayor
STATE OF WASHINGTON )
)ss.
COUNTY OF. SNOHOMISH )
I certify that I know or have satisfactory evidence that STANLEY G. JONES, SR. is the
person who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the Chairman of
the Tribal .Board of Directors of TULALIP TRIBES OF WASHINGTON to be the free and
voluntary act of such party for the uses and purposes mentioned in the insirnment.
DATED this _jd_ day of J!r,.;) , 2005.
LENA ARLET JONES
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISS!C>i'i &.PIRES
JULY29 2006
·mv/tulalip Sease 2.doc M-00-040 3/25/05
(Legibly print n of notary)
NOT ARY PUBL C in and for the State of
Washington, residing at n/,: ~
My commission expires 7-e ?d ti
4