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Home My WebLink About4630 RESOLUTION NO. 4 6 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS BETWEEN THE CITY OF AUBURN AND BUSINESS BANK FOR DEMOLITION OF ADJOINING BUILDINGS PARTY- WALL WHEREAS, the City of Aubum owns certain ceal property commonly referred to as the "Marvel Property;" and WHEREAS, Business Bank owns certain real property commonly ` referred to as the "Charlie Wong Property;" and WHEREAS, both the City and Business Bank intend to demolish the existing structures on their respective properties; and WHEREAS, both the City and Business Bank are successors-in-interest -to a 1924 Warranty Deed which would require the City, upon demolition of the - Marvel Property, to rebuiltl the wall adjacent to the :existing building on the Charlie Wong Property; and WHEREAS, the City does not want to have to rebuild the wall and is willing to provide monetary compensation to Business Bank, ifi Business Bank demolishes the structure on the Charlie Wong Property, in order for Business Bank to release this requirement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4630 July 27, 2010 Page 1 of 2 Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are heceby authorized to execute a Party-Wall Demolition Agreement between the City of Auburn and Business Bank which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this ~ day of , 2010. ITY O. P T R B. LEWIS, MAYOR ~ ATTEST: Danielle E. Daskam, City Clerk APP ~ r%LIED FOR ` an' . id, City A rn . Resolufion No. 4630 July 27, 2010 Page 2 of 2 ...i. . . . . . , sETTLN[Errr AcREEMErrr - , . This Settlement Agreement "Agreemeat," is entlered into betareen the BUSINESS . BANK, a Washington Corporation (`Baak'l, and the CITY OF AUBURN, a Washingtoii • municipal corporation ("City"). . ' . . RECITAL3: • . ' . . 1. -The' City-is the owner of pivpeity lo0ated at 2 W. Main,Str+aet in Auburn Washiagtan,• . mare specifically.descabed at Exlubit A, and commonly referiad to as tlie "Marvel . P~OPertY . . 2. The Bsuk is the owaer of the gropeat.y located at W. Mnin Street in Anbum, . Washington, more specifically desGnbed si f?xhibit B, md coma►only refared to as tlie • . "Charlie Wong's Proparty." . . . . ' . . 3. The ~City. iatends to demolish•t4►e exisGing structu~e on t~e Marvel Praperty. The Bank. • : - . ' , infi.epds fo demolish the e~ing structare on the Ch~e Woa&'.s ProPm'tY ' . . , . . 4.. The paities.are s~iccessaas=in~aterest tn a 1924 Werranty beed, recorded uader'King : . . , . . . . . • _ ~County Recoiding No. :1833b81; ;ar2ui~ plac;ed a condibioa oa the grant~ees, StreetoF H. . . . - . ' • Beall.and'Hazry H: Bader (now the ~ that wouldreqiare the City, uPrna: demdlition.of ' . . the struct~re bnthe Marvel Propetiy„to rebWd the wat"adjacdnt to.~eexisting liiuliiing . on the Charlie3Nong's Prapertyt. The Cify does not waut to have to rebnild this.•wall, and . is:williag tiD provide monetar.y comdptttion to =he $ank, if the Baak-Oemolislies the Charlie Wong's bwlding; in orcicaEor the baak #o release this e+equiremeht ' AGREEMENT ' • . . T.HEREFORE, in c.onsideration of tha mutual -promuses syt finrth below aad for . . . other good sad valvable arnsiddation;: the paities agree as.fo"Ilpvvs: . , ' • . . 1.The Bank agrees to reiord•a'Re~ease:ofDeed Provisioa;i sulistaatiall.ythe.same~f~ • . . . . .as at ~Exhibit C.no 2010, . to . iJ ~l3G~~ ~e . ' . City•~+viithin,L clays. . . ~3'1Le 2. If the Bank dem t~i on the . ong's 1roPert3', tlw CitY agr6es to . pay the Bank the . not :la#er Rom Lo days aftes: a) demolition of the building, and b) rQCeiviag.i oopy of the recorde.d Rele.ase, whichever is laxea. 3. Constnctian of Agregmea~ '~'lie parties, and thei; i~espective-cou~usel, have reved, . rcvised, and 'negotiated, or haY~e li~d the.oPPort-1mitY tb r~view, revise,. ornegotiafe, the _ . . terms, vonditions, and Iangiiage 4this A,greement 'The iale.of oonstructiori ttliat . ambiguities are to be resolved'.again:st the drafting PartY shall not be appliod ia . intecpredng-this Agreemeat : . _ Settieuient Agreement . . . . . . , ' ' :Draft•clate 7.19.10 . . . . • ~ Page 1 of3 • . . . . . . . " ' . . t• . . , . 4. Integrated Agreement. This Agreement represents the complete understanding among the parties as to its subject matter. All agreements, covenants; representations, or warranties, express or implied, oral or written, concerning the subject matter of this Agreement are contained herein. This is a fully integrated agreement. This Agreement may be amended or modified by, and only by, a written instrument executed by all of the parties. The terms of this Agreement may be waived by, and only by, a written - instrument executed by tlie party against whom such waiver is sought to be enforced. This agreement may be executed in counterparts by the parties with facsimile signatures deemed to be fully effective. DATED this 071~3 day of July, 2010. CITY OF AUBURN BUSINESS BANK C Peter.. ewis, Mayor y: o d Anderson - . Its: . ~b✓ ~1~~+ ~/~s ir Attest: Daaielle 0- Daskam, City Clerk Approved as to Form: ~ Daxue B, eid, Crty Attomey Settlement Agreement Dra.ft date 7.19.10 Page 2 of 3 State of Washington ) ss. County of S KG~ i~ ) $us~ness I certify that I know orhave satisfactoryevidence that Todd Andersonof 8USSRiE33 BANK , presented evidence of ~i,s identity; and is the person who appeared before me, and acknowledged that he signed this instrument and aclnowledged that he was authorized to execute the instruinent above and that it - represents his free and voluntary act for the uses and purposes mentioned in the instiiiment. Dated: kl Z 12010. \`~~►iiii~i~~~ - (c~. otary Public for Washin on . ~,atARr•.. ; _ . : my Comm. ExV~res = . L O ' C~c ~ - : OCtober 25• 20" (Printed or Stamped N e of Notary) ~ . = ~ v'~, Residing at ~cr.l rn u~a~l Fe~1 UB`~ T- MY aPPoiritment expires: 1012S-1 I_ ~/i/;/OF WA Settlement Agreement ~ Draft date 7.19.10 ' . Page 3 of 3 Exhibit A to Demolition Agreement Lega1 Description for 2 West Main Street, Auburn Washington, being more particularly described as follows (King County Tax Parcel No. 7815700085): LOT 1 AND THE EAST 4 FEET OF LOT 2, BLOCK 2, TOWN OF. SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, AT PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH - THAT PORTION OF THE VACATED ALLEY WHICH WOULD ATTACH BY OPERATION OF LAW AS PROVIDED IN AUBURN.ORDINANCE 6193 RECORDED UNDER RECORDING NO. 20080912001319. ~ Exhibit B to Agreement Legal Description of 18 W. Main Street, Auburn, Washington, being more particularly described as follows (King County Tax Parcel No. 7815700095): LOT 2, BLOCK 2, TOWN OF SLAUGHTER., EXCEPT THE EAST 4 FEET, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, IN:KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF THE VACATED ALLEY WHICH WOULD ATTACH BY OPERATION OF LAW AS PROVIDED IN AUBURN ORDINANCE 6193 RECORDED L7NDER RECORDING NO. 20080912001319. Return Address: Above this line reserved for recording information. RELEASE FROM DEED PROVISION Reference # (if applicable): ' GrantorBorrower: Business Bank Grantee/AssigneeBeneficiary: City of Auburn L4&gal Description/STR: AssesSor's Tax Parcel ID#: WHEREAS the City: is.the Successor.-in-Interest,,to the Grantee and owns the above-described property, located in the City of Aubum, King County, Washington; said ownersfiip being recorded by deed under King County Recording No. 1833681, attached hereto as Exhibit A and by this reference made a part hereof; WHEREAS the recorded 1924 WarrantyDeed for said property contains a Covenant requiring Grantee, at Grantee's cost and expense; to erect a Party Wall along the west line of the east four feet of the above-described Lot 2 whenever a new building sha11 be constructed on such lot, or whenever the existing structure on such lot sha11 be demolished; WHEREAS the purpose of the Covenant as intended by the original Grantors .was to reserve to, Grantors the right to make suitable connections to the Party Wall and to use and enjoy the Party Wall° as such; ' WHEREAS the City intends to demolish the. existing structure on Lot 2, and the Business Bank intends demolish the existing structure on the.lot adjacent to the west line of the east four feet, of Lot 2; If both parties demolish the structures on their property, the purpose of this provision carinot be accomplished. WHEREAS the City does not want to have to rebuild said Party Wall; and Release from Deed Provision Page 1 of 4 WHEREAS, the Business Bank, as Successor-in-Interest to the Grantor, has authority to release the City and its successors and assigns from said Covenant; NOW, THEREFORE, the Business Bank hereby: 1. Foreyer releases the Ci.ty of Auburn and its suceessors and assigns from the Covenant contained in Exhibit A, as those rights are set forth under King County Recording No. 1833681. DATED and SIGNED this Zi7'bday of , 2010. B S E B By: To d Anderson Its: STATE OF WASHINGTON) )ss. County of Nizqg ) S"-;- ; I certify that I know or have satisfactory evidence that Todd Anderson is the person who appeazed before me, and said person acknowledged that she signed this instrument, on oath sta.ted that she was authorized to execute the instrument and acknowledged it as the Sen~or vice Pres~cters~t of the BUSINESS BANK to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated -11 • iiD . ~ .pTAR y•., ~ rr~a nd A ~ ! ~~~+c~ ~ 6omt m. EPrfeB Notary Public in and for e State of Washington - 25. 2011 - ~ ~obe residing at .SeclrD u1001tc y ~ ~N~ `PV gLp: MY aPpointment expires f o• 7-5 •+I WA~\\`~~` . . OF Itll ~ Release from Deed Provision Rage 2 of 4