Seattle City Council Bills and Ordinances
Information modified on July 9, 2014; retrieved on March 29, 2024 6:32 AM
Ordinance 124504
Introduced as Council Bill 118104
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AN ORDINANCE granting Port of Seattle permission to construct, maintain, and operate a private roadway and electrical utilities; on a portion of South Dakota Street and East Marginal Way South, as part of the Argo Yard Truck Roadway Project; for a ten-year term renewable for two successive ten-year terms; specifying the conditions under which this permit is granted; and providing for the acceptance of the permit and conditions. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 118104 |
Index Terms: | PORT-OF-SEATTLE, INDUSTRIAL-DISTRICT, ROADS, STREET-LIGHTING |
Legislative History | |
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Sponsor: | RASMUSSEN | tr>
Date Introduced: | May 19, 2014 |
Committee Referral: | Transportation |
Committee Action Date: | June 10, 2014 |
Committee Recommendation: | Pass |
Committee Vote: | 2(Rasmussen, Godden)-0 |
City Council Action Date: | June 16, 2014 |
City Council Action: | Passed |
City Council Vote: | 8-0 |
Date Delivered to Mayor: | June 17, 2014 |
Date Signed by Mayor: (About the signature date) | June 23, 2014 |
Date Filed with Clerk: | June 24, 2014 |
Signed Copy: | PDF scan of Ordinance No. 124504 |
Text | |
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CITY OF SEATTLE ORDINANCE __________________ COUNCIL BILL __________________ AN ORDINANCE granting Port of Seattle permission to construct, maintain, and operate a private roadway and electrical utilities; on a portion of South Dakota Street and East Marginal Way South, as part of the Argo Yard Truck Roadway Project; for a ten-year term renewable for two successive ten-year terms; specifying the conditions under which this permit is granted; and providing for the acceptance of the permit and conditions. WHEREAS, the Port of Seattle, as lead agency, has applied for permission to construct an at-grade private road and private light poles and buried electrical utilities between a new underpass of the State Route 99 Spokane Street Overcrossing and Colorado Avenue South. A small part of the Argo Yard Truck Roadway Project (the "Project") would occupy a portion of South Dakota Street and Marginal Way South. The purpose of the Project is to provide a faster and safer route for freight traffic from the Port of Seattle marine terminals to the Union Pacific Railroad Argo Yard gate; and WHEREAS, the Port of Seattle, Union Pacific Railroad, Washington State Freight Mobility Strategic Investment Board, ProLogis, L.P., and the City of Seattle (the "City"), have entered into a Memorandum of Understanding for the Project; and WHEREAS, constructing the Project will reduce traffic congestion on southbound SR 99/East Marginal Way South and provide time savings for all users; and WHEREAS, by Resolution 31479, the City granted conceptual approval for the construction, maintenance, and operation of the private roadway and electrical utilities; and WHEREAS, the adoption of this ordinance is the culmination of the approval process for the Port of Seattle to legally occupy a portion of the public right-of-way or other public place, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Permission. Subject to the terms and conditions of this ordinance, the City of Seattle ("City") grants permission (also referred to in this ordinance as a permit) to the Port of Seattle, and its successors and assigns as approved by the Director of the Seattle Department of Transportation ("Director") according to Section 13 of this ordinance (the party named above and each such approved successor and assign is referred to as "Permittee"), to maintain and operate a the private roadway and private light poles and buried electrical utilities, fencing, jersey barriers, and any other appurtenances related to the function of the private roadway ("roadway") on a portion of South Dakota Street and East Marginal Way South, occupying the public place as legally described as: The private roadway is in the Southeast Quarter of Section 18, Township 24 North, Range 4 East, Willamette Meridian: Commencing at a concrete filling pipe with lead and tack at the intersection of South Dakota Street and East Marginal Way South; Thence North 01 degrees 08'55" East, along the centerline of said East Marginal Way South, a distance of 393.30 feet; Thence South 88 degrees 51'05" East a distance of 111.39 feet to an angle point in the Right of Way margin of said East Marginal Way South and the most northerly point of Assessor's Parcel No. 7666207545, said point being the Point of Beginning; Thence South 39 degrees 53'29" East, along the northeasterly boundary of said parcel and southwesterly Right of Way margin of said East Marginal Way South, a distance of 87.67 feet to an angle point in said Right of Way margin; Thence North 14 degrees 15'59" West, along said Right of Way margin, a distance of 1.06 feet to the beginning of a nontangent 121.50 foot radius curve to the left, the radius point of which bears South 68 degrees 07'13" West and a point hereinafter described as Point "A"'; Thence northwesterly along said curve, through a central angle of 20 degrees 32'25" and an arc distance of 43.56 feet; Thence North 45 degrees 50'29" West a distance of 14.50 feet to the beginning of a nontangent 19,610.30 foot radius curve to the right; Thence northeasterly along said curve, through a central angle of 00 degrees 03'00" and an arc distance of 17.14 feet; Thence North 46 degrees 38'26" West a distance of 13.78 feet; Thence South 00 degrees 31'29" West a distance of 1.77 feet to the Point of Beginning. TOGETHER WITH: Commencing at the hereinbefore described Point "A"; Thence South 14 degrees 51'59" East, along the boundary of Assessor's Parcel No. 7666207545, a distance of 288.47 feet to an angle point in northerly Right of Way margin of South Dakota Street; Thence North 88 degrees 49'33" West, along the northerly Right of Way margin of South Dakota Street, a distance of 32.63 feet to a point on a nontangent 249.25 foot radius curve to the left, the radius point of which bears North 72 degrees 45'42" East, said point being the Point of Beginning; Thence southeasterly along said curve, through a central angle of 05 degrees 57'51" and an arc distance of 25.95 feet to a point on the Right of Way margin of said South Dakota Street, said point being on a nontangent 536.73 foot radius curve to the right, the radius point of which bears North 58 degrees 31'54" East; Thence northwesterly along said curve, through a central angle of 00 degrees 03'57" and an arc distance of 0.65 feet to an angle point in said Right of Way margin; Thence South 01 degrees 10'27" West a distance of 41.87 feet to a point on a nontangent 269.25 foot radius curve to the right, the radius point of which bears North 58 degrees 47'29" East; Thence northwesterly along said curve through a central angle of 15 degrees 22'53" and an arc distance of 72.28 feet to a point on the northerly Right of Way margin of said South Dakota Street; Thence South 88 degrees 49'33" East, along said northerly Right of Way margin, a distance of 20.99 feet to the Point of Beginning. Having an area of 1,362 square feet, within the Rights of Way of South Dakota Street and East Marginal Way South. And: The private utilities are in the Southeast Quarter of Section 18, Township 24 North, Range 4 East, Willamette Meridian: Commencing at a concrete filled pipe with lead and tack at the intersection of South Dakota Street and East Marginal Way South; Thence North 01 degrees 08'55" East, along the centerline of said East Marginal Way South a distance of 393.30 feet; Thence South 88 degrees 51'05" East, a distance of 111.39 feet to an angle point in the Right of Way margin of said East Marginal Way South, said point being the most northerly point of Assessor's Parcel No. 7666207545; Thence North 00 degrees 31'29" East, a distance of 1.77 feet to the Point of Beginning; Thence North 00 degrees 05'23" East, a distance of 1.93 feet; Thence North 00 degrees 56'07" East, a distance of 8.92 feet; Thence South 46 degrees 38'51" East, a distance of 17.72 feet to the beginning of a nontangent curve to the right, having a radius of 3108.88 feet, the center of which bears South 43 degrees 10'00" West; Thence southeasterly along said curve, through a central angle of 00 degrees 22'18" and an arc distance of 20.17 feet to a point hereinafter described as point "B"; Thence South 40 degrees 44'14" West a distance of 8.00 feet to the beginning of a nontangent 19,610.30 root radius curve to the right; Thence northeasterly along said curve, through a central angle of 00 degrees 03'00" and an arc distance of 17.14 feet; Thence North 46 degrees 38'26" West a distance of 13.78 feet to the Point of Beginning; TOGETHER WITH: Commencing at the hereinbefore described Point "B"; Thence South 46 degrees 03'13" East, a distance of 14.50 feet to the beginning of a nontangent curve to the right, having a radius of 129.50 feet, the center of which bears South 47 degrees 09'19" West, said point being the Point of Beginning; Thence continuing southeasterly along said curve, through a central angle of 06 degrees 36'06" and an arc distance of 14.92 feet to a point on the easterly Right of Way margin of East Marginal Way South; Thence South 14 degrees 51'59" East, along said easterly Right of Way margin, a distance of 32.37 feet to the beginning of a nontangent 121.50 foot radius curve to the left, the radius point of which bears South 68 degrees 07'13" West and a point hereinafter described as Point "C"; Thence northwesterly along said curve, through a central angle of 20 degrees 32'25" and an arc distance of 43.56 feet; Thence North 40 degrees 44'14" East a distance of 8.05 feet to the Point of Beginning; TOGETHER WITH: Commencing at the hereinbefore described Point "C"; Thence South 14 degrees 51'59" East, along the boundary of Assessor's Parcel No. 7666207545, a distance of 289.54 feet to an angle point in the northerly Right of Way margin of South Dakota Street; Thence North 88 degrees 49'33" West, along said northerly Right of Way margin, a distance of 32.63 feet to a point on a nontangent 241.25 foot radius curve to the left, the radius point of which bears North 72 degrees 07'41" East, said point being the Point of Beginning; Thence southeasterly along said curve, through a central angle of 21 degrees 41'52" and an arc distance of 91.36 feet; Thence South 88 degrees 51'05" East a distance of 3.63 feet to a point on the Right of Way margin of South Dakota Street; Thence South 14 degrees 54'18" East along said Right of Way margin, a distance of 8.54 feet to the beginning of a nontangent 563.73 foot radius curve to the right, the radius point of which bears North 50 degrees 12'30" East; Thence northwesterly along said curve, through a central angle of 08 degrees 19'23" and an arc distance of 81.89 feet to a point on the Right of Way margin of said South Dakota Street, said point being the beginning of a nontangent 249.25 foot radius curve to the right, the radius point of which bears North 66 degrees 47'51" East; Thence northwesterly along said curve, through a central angle of 05 degrees 57'51" and an arc distance of 25.95 feet to a point on the northerly Right of Way margin of said Dakota Street; Thence South 88 degrees 49'33" East, along said northerly Right of Way margin, , a distance of 8.45 feet to the Point of Beginning. Having an area of 1.041 square feet within the Rights of Way of South Dakota Street and East Marginal Way South. Section 2. Term. The permission granted to Permittee is for a term of ten years starting on July 1, 2014 and ending at 11:59 p.m. on June 30, 2024. Upon written application made by the Permittee at least 180 days before expiration of the term, the Director or the City Council may renew the permit twice, each time for a successive ten-year term, subject to the right of the City to require the removal of the roadway or to revise by ordinance any of the terms and conditions of the permission granted by this ordinance. The total term of the permission, including renewals, shall not exceed 30 years. The Permittee shall submit any application for a new permission no later than 180 days prior to the expiration of the then-existing term. Section 3. Protection of utilities. The permission granted is subject to the Permittee bearing the expense of any protection, support, or relocation of existing utilities deemed necessary by the owners of the utilities, and the Permittee being responsible for any damage to the utilities due to the maintenance and operation of the roadway and for any consequential damages that may result from any damage to utilities or interruption in service caused by any of the foregoing. Section 4. Removal for public use or for cause. The permission granted is subject to use of the street right-of-way or other public place (collectively, public place) by the City and the public for travel, utility purposes, and other public uses or benefits. The City expressly reserves the right to deny renewal, or terminate the permission at any time prior to expiration of the initial term or any renewal term, and require the Permittee to remove the roadway, or any part thereof or installation on the public place, at the Permittee's sole cost and expense in the event that: (a) The City Council determines by ordinance that the roadway is necessary for any public use or benefit or that the roadway interferes with any public use or benefit; or (b) The Director determines the roadway has been abandoned; or (c) The Director determines any term or condition of this ordinance has been violated, and the violation has not been corrected by the Permittee by the compliance date after a written request by the City to correct the violation (unless a notice to correct is not required due to an immediate threat to the health or safety of the public). A City Council determination that the space is needed for, or the roadway interferes with, a public use or benefit is conclusive and final without any right of the Permittee to resort to the courts to adjudicate the matter. Section 5. Permittee's obligation to remove and restore. If the permission granted is not renewed at the expiration date of a term, or if the permission expires without an application for a new permission being granted, or if the City terminates the permission, then within 90 days after the expiration or termination of the permission, or prior to any earlier date stated in an ordinance or order requiring removal of the roadway, the Permittee shall at its own expense remove the roadway and all of the Permittee's equipment and property from the public place, and replace and restore all portions of the public place that may have been disturbed for any part of the roadway in as good condition for public use as existed prior to construction of the roadway and in at least as good condition in all respects as the abutting portions of the public place as required by SDOT right-of-way restoration standards. Failure to remove the roadway as required by this section is a violation of Chapter 15.90 of the Seattle Municipal Code (SMC) or successor provision; however, applicability of Chapter 15.90 does not eliminate any remedies available to the City under this ordinance or any other authority. If the Permittee does not timely fulfill its obligations under this section, the City may in its sole discretion restore the public place at the Permittee's expense, and collect such expense in any manner provided by law. Upon the Permittee's completion of removal and restoration in accordance with this section, or upon the City's completion of the removal and restoration and the Permittee's payment to the City for the City's removal and restoration costs, the Director shall then issue a certification that the Permittee has fulfilled its removal and restoration obligations under this ordinance. Upon prior notice to the Permittee and entry of written findings that it is in the public interest, the Director may, in the Director's sole discretion, conditionally or absolutely excuse the Permittee from compliance with all or any of the Permittee's obligations under this section. Section 6. Repair or reconstruction. The roadway shall remain the exclusive responsibility of the Permittee and the Permittee shall maintain the roadway in good and safe condition for the protection of the public. The Permittee shall not reconstruct or repair the roadway except in strict accordance with plans and specifications approved by the Director. The Director may, in the Director's judgment, order the roadway repaired at the Permittee's cost and expense because of: the deterioration or unsafe condition of the roadway; the installation, construction, reconstruction, maintenance, operation, or repair of any municipally-owned public utilities; or for any other cause. Section 7. Failure to correct unsafe condition. After written notice to the Permittee and failure of the Permittee to correct an unsafe condition within the time stated in the notice, the Director may order the roadway be closed or removed at the Permittee's expense if the Director deems that the roadway has become unsafe or creates a risk of injury to the public. If there is an immediate threat to the health or safety of the public, a notice to correct is not required. Section 8. Continuing obligations. Notwithstanding termination or expiration of the permission granted, or closure of the roadway, the Permittee shall remain bound by all of its obligations under this ordinance until the Director has issued a certification that the Permittee has fulfilled its removal and restoration obligations under Section 5 of this ordinance. Notwithstanding the issuance of that certification, the Permittee shall continue to be bound by the obligations in Section 9 of this ordinance and shall remain liable for any unpaid fees assessed under Section 16 of this ordinance. Section 9. Release, hold harmless, indemnification, and duty to defend. The Permittee, by accepting the terms of this ordinance, releases the City, its officials, officers, employees, and agents from any and all claims, actions, suits, liability, loss, costs, expense, attorneys' fees, or damages of every kind and description arising out of or by reason of the roadway or this ordinance, including but not limited to claims resulting from injury, damage, or loss to the Permittee or the Permittee's property. The Permittee agrees to at all times defend, indemnify, and hold harmless the City, its officials, officers, employees, and agents from and against all claims, actions, suits, liability, loss, costs, expense, attorneys' fees, or damages of every kind and description, excepting only damages that may result from the sole negligence of the City, that may accrue to, be asserted by, or be suffered by any person or property including, without limitation, damage, death or injury to members of the public or to the Permittee's officers, agents, employees, contractors, invitees, tenants, tenants' invitees, licensees, or successors and assigns, arising out of or by reason of: (a) The existence, condition, modification, maintenance, operation, use, or removal of the roadway or any portion thereof, or the use, occupation, or restoration of the public place or any portion thereof by the Permittee or any other person or entity; (b) Anything that has been done or may at any time be done by the Permittee by reason of this ordinance; or (c) The Permittee failing or refusing to strictly comply with every provision of this ordinance; or arising out of or by reason of the roadway or this ordinance in any other way. If any suit, action, or claim of the nature described above is filed, instituted, or begun against the City, the Permittee shall upon notice from the City defend the City, with counsel acceptable to the City, at the sole cost and expense of the Permittee, and if a judgment is rendered against the City in any suit or action, the Permittee shall fully satisfy the judgment within 90 days after the action or suit has been finally determined, if determined adversely to the City. If it is determined by a court of competent jurisdiction that Revised Code of Washington (RCW) 4.24.115 applies to this ordinance, then in the event claims or damages are caused by or result from the concurrent negligence of the City, its agents, contractors, or employees, and the Permittee, its agents, contractors, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Permittee or the Permittee's agents, contractors, or employees. Section 10. Insurance. For as long as the Permittee exercises any permission granted by this ordinance and until the Director has issued a certification that the Permittee has fulfilled its removal and restoration obligations under Section 5 of this ordinance, the Permittee shall obtain and maintain in full force and effect, at its own expense, insurance and/or self-insurance that protects the Permittee and the City from claims and risks of loss from perils that can be insured against under commercial general liability (CGL) insurance policies in conjunction with: (a) Construction, reconstruction, modification, operation, maintenance, use, existence, or removal of the roadway or any portion thereof, as well as restoration of any disturbed areas of the public place in connection with removal of the roadway; (b) The Permittee's activity upon or the use or occupation of the public place described in Section 1 of this ordinance; and (c) Claims and risks in connection with activities performed by the Permittee by virtue of the permission granted by this ordinance. Minimum insurance requirements are CGL insurance written on an occurrence form at least as broad as the Insurance Services Office (ISO) CG 00 01. The City requires insurance coverage to be placed with an insurer admitted and licensed to conduct business in Washington State or with a surplus lines carrier pursuant to RCW Chapter 48.15. If coverage is placed with any other insurer or is partially or wholly self-insured, such insurer(s) or self-insurance is subject to approval by the City's Risk Manager. Minimum limits of liability shall be $2,000,000 each Occurrence; $4,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate, including Premises Operations; Personal/Advertising Injury; Contractual Liability. Coverage shall include the "City of Seattle, its officers, officials, employees and agents" as additional insureds for primary and non-contributory limits of liability subject to a Separation of Insureds clause. Within 60 days after the effective date of this ordinance, the Permittee shall provide to the City, or cause to be provided, certification of insurance coverage including an actual copy of the blanket or designated additional insured policy provision per the ISO CG 20 12 endorsement or equivalent. The insurance coverage certification shall be delivered or sent to the Director or to the Department of Transportation (SDOT) at an address as the Director may specify in writing from time to time. The Permittee shall provide a certified complete copy of the insurance policy to the City promptly upon request. If the Permittee is self-insured, a letter of certification from the Corporate Risk Manager may be submitted in lieu of the insurance coverage certification required by this ordinance, if approved in writing by the City's Risk Manager. The letter of certification must provide all information required by the City's Risk Manager and document, to the satisfaction of the City's Risk Manager, that self-insurance equivalent to the insurance requirements of this ordinance is in force. After a self-insurance certification is approved, the City may from time to time subsequently require updated or additional information. The approved self-insured Permittee must provide 30 days' prior notice of any cancellation or material adverse financial condition of its self-insurance program. The City may at any time revoke approval of self-insurance and require the Permittee to obtain and maintain insurance as specified in this ordinance. In the event that the Permittee assigns or transfers the permission granted by this ordinance, the Permittee shall maintain in effect the insurance required under this section until the Director has approved the assignment or transfer pursuant to Section 13 of this ordinance. Section 11. Contractor insurance. The Permittee shall contractually require that any and all of its contractors performing work on any premises contemplated by this permit name the "City of Seattle, its officers, officials, employees and agents" as additional insureds for primary and non-contributory limits of liability on all CGL, Automobile and Pollution liability insurance and/or self-insurance. The Permittee shall also include in all contract documents with its contractors a third-party beneficiary provision extending to the City construction indemnities and warranties granted to the Permittee. Section 12. Adjustment of insurance requirements. The Director may adjust minimum liability insurance levels and requirements during the term of this permission. If the Director determines that an adjustment is necessary to fully protect the interests of the City, the Director shall notify the Permittee of the new requirements in writing. The Permittee shall, within 60 days of the date of the notice, provide proof of the adjusted insurance levels to the Director. Section 13. Consent for and conditions of assignment or transfer. The permission granted by this ordinance shall not be assignable or transferable by operation of law; nor shall the Permittee transfer, assign, mortgage, pledge or encumber the same without the Director's consent, which the Director shall not unreasonably refuse. The Director may approve assignment or transfer of the permission granted by this ordinance to a successor entity only if the successor or assignee has accepted in writing all of the terms and conditions of the permission granted by this ordinance; has provided, at the time of the acceptance, the certification of insurance coverage required under this ordinance; and has paid any fees due under Section 16 of this ordinance. Upon the Director's approval of an assignment or transfer, the rights and obligations conferred on the Permittee by this ordinance shall be conferred on the successors and assigns. Any person or entity seeking approval for an assignment or transfer of the permission granted by this ordinance shall provide the Director with a description of the current and anticipated use of the roadway. Section 14. Inspection fees. The Permittee shall, as provided by SMC Chapter 15.76 or successor provision, pay the City the amounts charged by the City to inspect the roadway during times deemed necessary by the City. An inspection or approval of the roadway by the City shall not be construed as a representation, warranty, or assurance to the Permittee or any other person as to the safety, soundness, or condition of the roadway. Any failure by the City to require correction of any defect or condition shall not in any way limit the responsibility or liability of the Permittee. Section 15. Inspection reports. If a natural disaster or other event damages the roadway, the Permittee shall by the date established by the Director, submit to the Director or to SDOT at an address specified by the Director, an inspection report that: (a) Describes the physical dimensions and condition of the roadway; (b) Describes any damages or possible repairs to any element of the roadway; (c) Prioritizes all repairs and establishes a timeframe for making repairs; and (d) Is stamped by a professional engineer licensed in the State of Washington. The Permittee has the duty of inspecting and maintaining the roadway. The responsibility to submit inspection reports as required by the Director does not waive or alter any of the Permittee's other obligations under this ordinance. The receipt of any reports by the Director shall not create any duties on the part of the Director. Any failure by the Director to require a report, or to require action after receipt of any report, shall not waive or limit the obligations of the Permittee. Section 16. Annual fee. Beginning on July 1, 2014 and annually thereafter, the Permittee shall promptly pay to the City, upon statements or invoices issued by the Director, an annual fee of $3,476.52 or as adjusted annually thereafter, for the privileges granted by this ordinance. Adjustments to the annual fee shall be made in accordance with a term permit fee schedule adopted by the City Council and may be made every year. In the absence of a schedule, the Director may only increase or decrease the previous year's fee to reflect any inflationary changes so as to charge the fee in constant dollar terms. This adjustment will be calculated by adjusting the previous year's fee by the percentage change between the two most recent year-end values available for the Consumer Price Index for the Seattle-Tacoma-Bremerton Area, All Urban Consumers, All Products, Not Seasonally Adjusted. All payments shall be made to the City Finance Director for credit to the Transportation Operating Fund. Section 17. Compliance with other laws. Permittee shall maintain and operate the roadway in compliance with all applicable federal, state, County and City laws and regulations. Without limitation, in all matters pertaining to the roadway, the Permittee shall comply with the City's laws prohibiting discrimination in employment and contracting including Seattle's Fair Employment Practices Ordinance, Chapter 14.04, and Fair Contracting Practices code, Chapter 14.10 (or successor provisions). Section 18. Acceptance of terms and conditions. The Permittee shall deliver to the Director its written signed acceptance of the terms of this ordinance within 60 days after the effective date of this ordinance. The Director shall file the written acceptance with the City Clerk. If no such acceptance is received within that 60-day period, the privileges conferred by this ordinance shall be deemed declined or abandoned and the permission granted deemed lapsed and forfeited. The Permittee shall not commence construction of the roadway prior to the Permittee delivering its written signed acceptance of the terms of this ordinance and providing the certification of insurance coverage required by this ordinance as well as the covenant agreement required by Section 20 of this ordinance. Section 19. Ordinance obligations bind subsequent Permittees. The obligations and conditions imposed on the Permittee by this ordinance are covenants that bind the Permittee's heirs, successors, and assigns regardless of whether the Director has approved an assignment or transfer of the permission granted by this ordinance. The Permittee shall, within 60 days of the effective date of this ordinance, and prior to conveying any interest in the encroachments or improvements that are the subject of this ordinance, deliver to the Director on a form supplied by the Director, a covenant agreement imposing the obligations and conditions in this ordinance, signed and acknowledged by the Permittee, and recorded with the King County Recorder's Office. The Director shall file the recorded covenant agreement with the City Clerk. The covenant agreement shall reference this ordinance by its ordinance number. Section 20. Section titles. Section titles are for convenient reference only and do not modify or limit the text of a section. Section 21. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2014. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2014. _________________________________ Edward B. Murray, Mayor Filed by me this ____ day of __________________________, 2014. ____________________________________ Monica Martinez Simmons, City Clerk (Seal) Amy Gray/Angela Steel SDOT Argo Yard Roadway ORD April 8, 2014 Version #4 |
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