File #: 23-0946    Version: 1
Type: resolution Status: Passed
File created: 10/23/2023 In control: City Council
Agenda date: 10/30/2023 Final action: 10/30/2023
Title: Approval of a Resolution Authorizing a Right-Of-Way Use Agreement with Well 80 Real Estate, LLC.
Attachments: 1. 10-30-23 signed resolution M-2476, 2. Resolution, 3. Agreement, 4. Site Plan
Related files: 24-0334
Title
Approval of a Resolution Authorizing a Right-Of-Way Use Agreement with Well 80 Real Estate, LLC.

Recommended Action
Committee Recommendation:
Not referred to a committee.

City Manager Recommendation:
Move to approve a Resolution authorizing a Right-Of-Way Use Agreement with Well 80 Real Estate, LLC.

Report
Issue:
Whether to approve a Resolution authorizing a Right-Of-Way Use Agreement with Well 80 Real Estate, LLC.

Staff Contact:
Andrew Curtis, Engineering Program Specialist, CP&D, 360.753.8181
Mike Reid, Director of Economic Development, City Manager's Office, 360.753.8591

Presenter(s):
None - Consent Calendar Item

Background and Analysis:
Well 80 Real Estate, LLC (Well 80) is the owner of Lot 6, Block 53 of Sylvester Town of Olympia (street address of 514 4th Avenue E). Well 80 has requested the continued use of the adjacent north-south alley and portion of 4th Avenue sidewalk for commercial outdoor seating and food/beverage service.

While Well 80 holds the underlying fee ownership of the alley, the City typically controls and maintains the alley and sidewalk as publicly dedicated right-of-way. In order to continue to use the alley and portion of the sidewalk for commercial purposes, Well 80 must receive approval from the City through a Right-Of-Way Use Agreement.

This north-south alley is not used for solid waste collection or deliveries and is not useable for other vehicle traffic. City utilities are located behind Well 80 in the east-west alley.

If approved, this would be the second 4-year agreement the City has entered into with Well 80. The first 4-year "pilot" term was considered successful. Since then, additional guidelines and policy have been developed concerning the commercial use of public right-of-way and has led City staff to consider new strategies to achieve heightened economic vitality, cleanliness and public safety in the downtown core.

Given safety concerns and clean-up service costs associated with maintaining under...

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