HomeMy WebLinkAbout4762RESOLUTION NO. 4 7 6 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING
CERTAIN CITY PROPERTY AS SURPLUS, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AGREEMENTS BETWEEN THE CITY OF
AUBURN AND THEISTATE OF WASHINGTON FOR
AN EXCHANGE 'OF PROPERTY AND FOR JOINT
USE AND MAINTENANCE OF PROPERTY
WHEREAS, the City owns Lea Hill Park, which is currently developed for
a softball and baseball diamond, tennis courts, and associated parking. It is
primarily used by the State for intercollegiate sports activities; and
WHEREAS, the State owns a parcel of land collectively referred to as the
Martin property; and
WHEREAS, the'State is a primary user of Lea Hill Park and has made
improvements to the facility The State and the City cooperatively maintain Lea
Hill Park; and
WHEREAS, the City and State desire to exchange the aforementioned
properties in furtherance of the long -term interests of the City and State; and
WHEREAS, The City and State, through the Green River Community
College, wish to amend and extend their current Agreement for joint use and
maintenance of their respective facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows.
Resolution No 4762
October 12, 2011
Page 1 of 3
Section 1. The City property known as Lea Hill Park, more particularly
described at Exhibit "A" is declared to be surplus.
Section 2. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and the State of Washington for the exchange of the Lea Hill Park property with
State -owned •property known as the "Martin Property," more particularly
described in Exhibit B, which Agreement shall be in substantial conformity with
the Agreement attached hereto as Exhibit "C."
Section 3. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and Green River Community College for Recreation Facility Use, which
Agreement shall be in substantial conformity with the Agreement a copy of
which is attached hereto, marked as Exhibit "D" and incorporated herein by this
reference.
Section 4., The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 5. This resolution shall be in full force and effect upon
passage and signatures hereon.
Resolution No 4762
October 12, 2011
Page 2 of 3
t
-I .
Dated and signed this 7 day of CY/tote-41,-44...J , 2011
P T ' B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP' GVEI £ S TO FORM. 40
Daniel B Heid, City Attorney
Resolution No 4762
October 12, 2011
Page 3 of 3
•
EXHIBIT "A"
(Lea Hill Park)
The South V2 of the SE''/ of the SW '/. of Section 9, Township 21 North, Range 5 East, W.M.,
EXCEPT the South 30 feet thereof conveyed to King County for road, (SE 320th St) by Deed
recorded under Auditor's File No. 5796415, AND EXCEPT the East 30 feet thereof conveyed to
King County for road (124th Avenue SE) by Deed recorded under Auditor's File No.
5799621,EXCEPT that portion lying Westerly of the following described line: Beginning at the
intersection of the North margin of SE 320th St and the East margin of the plat of Lea Hill
Village Division No. 1, m Volume 87 of Plats on pages 39 — 41, thence North along the East
margin of 122 "J Avenue SE to the NE corner of said Addition, thence North 3 -0147 East 75
feet, thence South 88 -45 -00 East 92 feet, thence North 1 -10-00 West 178.84 feet, thence North
8644 -10 West to the SE comer of Lot 75 of Lea Hill Village Division 3 -A in Volume 93 of
Plats on page 74, thence North along the Easterly margin of said Lea Hill Village Division 3 -A
to the Northline of said subdivision, EXCEPT that portion conveyed to King County by Deed
dated September 23, recorded October 8, 1975, under Recording No. 7510080361, in King
County.
SUBJECT TO 1) Easement for Sewer Outfall Line to City of Auburn, as recorded under
Recording No. 6449536, 2) Easement for Slopes to King County, Washington as recorded
October 8, 1964, under Recording No. 5796415, 3) Easement for Slopes to King County,
Washington as recorded October 15, 1964, under Recording No. 5799261, 4) Survey recorded
under Recording No. 9401259005 showing discrepancy between Northerly property boundary of
said premises and the location of a chain link fence, culvert extends into said premises across
Northerly property boundary.
EXHIBIT "B"
(Martin property)
That portion of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 9, Township 21
North, Range 5 East. W.M. described es follows:
Beginning at the Northeast corner of said Northeast Quarter of the Southeast Quarter of the Southwest Quarter;
thence along the North line thereof , North 88 °28' 16" West 521.87 feet; thence South 01°11'49" West 654 41 feet
along the East Zinc of the Plat of "College View" recorded in Volume 105 of Plats at pages 60 and 61, in King
County, Washington; thence South 88 °41 '03" East 522.27 feet to the East line amid Southwest Quarter, thence
North 01 009'40" East 652.47 feet along said East line to the point of beginning, except the North 20.00 feet for
County Road (SE 3I6'h Street), and except the East 30 00 feet for 124" Avenue Southeast as conveyed under
Recording No 5799262, Records of King County, Washington, and except that portion deeded to City of Aubum
for 124" Avenue SE & SE 316`" Street as conveyed under Recording No. 20110112000524, Records of King
County, Washington, and except the following described parcel: commencing at the Northeast comer of said
Northeast Quarter of the Southeast Quarter of the Southwest Quarter; thence South 01 °09'40" West 652.47 feet
along the East line of said Southwest Quarter to the point of beginning; thence North 88 °41'03" West 310.69 feet,
thence North 01 009140" East 281.08 feet; thence South 88 °27'50" East 310.70 feet to said East line of said
Southwest Quarter; thence South 01 °09'40" West 279 89 feet along said East line to the point of beginning, situate
in City of Auburn, King County, Washington.
Revised lot area = 228,989 square feet (5.26 AC.)
• . f
Exhibit "C"
Project No. 09- 11-054
AFTER RECORDING RETURN TO:
Department of Enterprise Services
Facilities Division, Real Estate Services
P. O. Box 41015
Olympia, Washington 98504-1015
Document Title: Agreement to Exchange Real Property
State: State of Washington, Green River Community College, Acting through the Department of Enterprise
Services
City. City of Auburn
Legal Description. Portion Section 9, Township 21 North, Range 5 East,Willamette Meridian
Assessor's Tax Parcel Number. 0921059020, 0921059018, 0921059228 & a portion of 0921059229
AGREEMENT TO EXCHANGE REAL PROPERTY
THIS AGREEMENT TO EXCHANGE REAL PROPERTY ("Agreement ") is made by and between the State of
Washington, Stale Board for Community and Technical Col ens. Green River Community College, acting through
the Department of, Enterprise Services, Facilities Division, Real Estate Services ("State ") and the tYit,/ of Auburn. a
municipal corporation ( "City ").
WITNESSETH:
A WHEREAS, the City owns Lea Hill Park. The Park is an 8.97 acre site, located on S. 320'" Street and
124`" Avenue in the Lea Hill neighborhood. This site is currently developed for a softball and baseball
diamond, tennis courts, and associated parking. It is primarily used by the State for intercollegiate
sports activities. The existing park needs significant improvement, as Identified In the City's adopted
Parks & Recreation Plan, and does not serve neighborhood needs well.
B. WHEREAS. the City acquired Lea Hill Park from King County in 2002. The deed contains a
covenant that the property will be used in perpetuity for park or recreation purposes unless other
equivalent lands or facilities are received in exchange and the replacement lands or facilities are
likewise to be used in perpetuity for park or recreation purposes.
C. WHEREAS, the State owns a parcel of land collectively referred to as the Martin property. The
Martin property is a 5.26 acre site located on 124" Avenue between Lea Hill Park and 316 Street A
residence and outbuildings occupy a portion of the site.
D. WHEREAS, the State is a primary user of Lea Hill Park and has made improvements to the facility.
The State and the City cooperatively maintain Lea Hill Park.
E. WHEREAS, the City and State desire to exchange the aforementioned properties in furtherance of the
Tong -term interests of the City and State
F. WHEREAS, The City will transfer ownership of Lea Hill Park to the State in exchange for the Martin
property and the College's contribution of $1:5 miUion toward athletic improvements that the City will
have constructed on the Martin property in the course of relocating that Lea Hill Park to that site.
Page 1 of 9
Project No 09 -11 -054
The park improvements will include one or more sports fields that the City will make available for
joint City and College use. The Martin property together with the College's contnbution of $1.5
million is considered to be of equal value and function to the existing Lea Hill Park property. The
value of the property and contribution to improvements has been established by appraisal(s) performed
by an MA1 appraiser mutually selected by the parties. The City and State will each hold an equal and
undivided interest in the new park constructed on the Martin property.
G. WHEREAS, the new park will be subject to the aforementioned covenant regarding use and
replacement, and the State and City agree to be bound by the terms of this covenant.
H. WHEREAS, the State and the City will be equivalent co- owners of the newly created and relocated
Lea Hill Park. The City will demolish the existing structures on the Martin property and design and
construct the park The State will reimburse the City for the incurred expenses in a phased manner as
each phase is completed and invoiced The improvements will be consistent with the approved Lea
Hill Park Master Plan as developed by the City of Auburn. The State's reimbursement for expenses
Incurred shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000 00).
1. WHERERAS, in those places in this Agreement where the terns "buyer" and "seller" are used, the
State will be considered the seller of the Martin property and the City the buyer, and the City will be
considered the seller of the Lea Hill property and the State the buyer
NOW THEREFORE, in order to accomplish the exchange of State's property for the City's Property, the State
and the City agree as follows.
1 Seauence of Events. The Parties agree to proceed in the following sequence.
a. The Agreement to Exchange Real Property shall be fully executed.
b. The exchange of property is also subject to the following having been completed
pnor to the closing of the exchange of properties.
1 Receipt of a preliminary title reports and any updated title
commitments by the buyer for each parcel.
ii Final review and approval of the Office of the Attorney General of the
State of Washington.
Final review and wntten approval of the State Board for Community
and Technical Colleges
iv. Final review and written approval by the State
v. Final review and wntten approval by the City
vi Approval of King County of the transfer of the park covenant from the
current location of the Lea Hill Park to proposed new location of the
Lea Hill Park on the Martin property
c. The parties agree to execute and deliver Quitclaim Deeds for their respective
property described in Exhibit A & B, free and clear of all liens, encumbrances,
easements, or any other title exceptions save those exceptions, public utility
easements, and other matters, which the parties have accepted. Based upon all
exceptions shown on the preliminary title reports or any updated reports provided
at least 60 days prior to closing, either party shall notify the other of any
objections to title in writing at least 30 days prior to closing. Failure to so notify
the other party of any objection to any such exception to title shall be deemed to
be acceptance of the exception If within 15 days prior to closing the party so
notified does not agree in writing to cure or to insure over said exception(s), the
Page 2 of 9
Project No. 09 -11 -054
does not within five (5) days of closing notify the seller it will terminate or the
seller does not agree to cure or insure the exception within five (5) days prior to
the closing. the buyer will he deemed to have accepted such exception and the
parties will proceed to close this exchange including that exception.
d Tlx: buyei of each property shall have the nght to object to any exception
contained in a title commitment that is identified prior to closing but was not
contained in the pielunnrary title report of any update provided to the buyer at
lead 60 days before closing. If the seller does not agree in writing to cute or
Insure over any such exception prior to the day set for closing, the buyer shall have
the I fight nor to proceed with closing
2 Utilities. All utilities such as electricity, water, gas, oil, and real property taxes shall be
prorated to the date of closing
3 Assessments. Any special assessments, L.I.D. assessments and R.I.D. assessments which are
levied against the property described in Exhibit A & B at the time of closing shall be paid in
full by the responsible party
4 Condition of Title. Both parties hereby agree from and after the date hereof until the
termination of this Agreement or the execution of the exchange of properties, that (t) they will
take no action that will adversely affect title to or development of the properties, (ii) they will
not mortgage, encumber or per mit the encumbrance of all or any portion of the properties
without the other party's prior written consent; and (iii) they will not enter into any written or
oi al contracts of agreements with respect to the properties.
5 Date of Closing. Closing of this transaction shall occur in the offices of the Closing Agent on
or before December 23. 2011. For purposes of this Exchange Agreement, closing shall have
occurred when all appropriate documents are recorded.
6. Closing. This Exchange Agreement shall be closed through escrow through Stewart Title
Company whose address is 1420 5'h Avenue. #500, Seattle. Washington 98101.
7 Closing Costs The State shall pay the following costs and expenses in connection with this
transaction
a State's attorneys' fees.
b All escrow fees.
c. All special assessments, L.I.D. assessments, and R I D assessments levied on the
property described in Exhibit A, if any, shall be paid in full.
d. Real property taxes, if any, which shall be prorated to the date of closing for
Property described in Exhibit A.
e Transfer taxes due on the conveyance of Property described in Exhibit A, if any.
f. Title insurance premium or abstract fee and sales tax thereon property described rn
Exhibit A, if any.
g. Costs and fees associated with recording documents with the County Auditor's
office.
Page 3 of 9
Project No. 09 -11 -054
The City shall pay for the following costs and expenses in connection with this transaction
a City's attorney's fees.
b Real property taxes, if any, which shall be prorated to the date of closing for
Property descnbed in Exhibit
c. All special assessments, L.I.D. assessments and R I.D assessments levied on the
Property described in Exhibit B, if any, shall be paid in full
d Title insurance premium or abstract fee and sales tax on property described in
Exhibit A, if any.
8. Real Estate Brokerage Fees. Neither Party will utilize a commercial real estate agent or
broker on this transaction.
9 Government AD royal, If the approval of any governmental agency is required for the
exchange of said Properties, it is understood and agreed that this Exchange Agreement is
subject to obtaining such approval. The parties shall use their best efforts and take all steps
necessary to obtain such governmental approval
10 Survey. Subdivision. In the event a city, county, or other governing authority having
jurisdiction of said properties requires a survey or plat or has a subdivision ordinance, the
parties shall, at the parties' own expense, comply with such ordinance and take all steps
necessary to obtain such survey, plat or subdivision. The parties agree to cooperate in
obtaining the necessary approvals.
11. possession The State shall be entitled to possession of the Property described in ,Exhibit B
upon the Date of Closing, subject only to such matters approved in writing by the State. The
City and the State shall be entitled to joint possession of the Property described in Exhibit A
upon the Date of Closing, subject only to such matters approved in writing by the parties.
12. Time is of the Essence. Time is of the essence in the performance of any obligations pursuant
to this Exchange Agreement Failure of either party to insist upon the strict performance of
the other party's obligation hereunder shall not constitute a waiver of strict performance
thereafter of all of the other party's obligation hereunder.
i 1 Notices Any notices required or permitted to be given shall be in wntmg and delivered
either in person or by certified mail, return receipt requested, postage prepaid, addressed as
follows or to such other address as may be designated by either party.
STATE. State of Washington
Department of Enterpnse Services, Facilities Division, , Real Estate
Services
CITY.
Copy to:
Page 4 of 9
1500 Jefferson Street SE
PO Box 41015
Olympia, WA 98504 -1015
City of Auburn
25 West Main Street
Auburn, Washington 98001 -4998
Green River Community College
ATTN: Rick Brumfield , Vice President of Business Affairs
12401 SE 320th Street
Auburn, Washington 98092 -3622
Page 5 of 9
Project No 09 -11 -054
Any notice given pursuant to this Exchange Agreement shall be deemed effective the date it
is personally delivered or three (3) business days after the date it is deposited in the United
States Mail.
14 Legal Relations. Each party to this agreement shall be responsible for injury to persons or
damage to property resulting from negligence on the part of itself, its employees, its agents,
or its officers. Neither party assumes any responsibility to the other party for the
consequences of any act or omission of any their party
15. Prptective Covenant. The Quit Claim Deed transferring half ownership of the property to the
City shall contain a covenant that is intended to be running with the land and whereby
burdening and benefitting the party's successors and assigns. The City shall covenant that the
property shall continue to be used in perpetuity for a park or recreation purposes unless other
equivalent lands or facilities within the city are received in exchange therefore and the
replacement lands or facilities are used in perpetuity for park or recreation purposes, as
shown on Exhibit "C ", which is attached and incorporated herein.
16. Non- Foreign Affidavit The parties are not foreign person(s) as the term is used and defined
in Section 1445 of the Internal Revenue Code, as amended, and the regulations promulgated
thereunder. The parties shall, upon request of the other, complete an,affidavit to that effect.
17. Environmental Concerns, The parties warrant that no hazardous substance, toxic waste, or
other toxic substance has been produced, disposed ,of, or has been kept on the Properties
described in Exhibit A and B which, if found on the Property, would subject the owner or
user to any damages, penalty, or liability under an applicable local, state, or federal law or
regulation. The parties shall' be responsible for, all damages, costs, attomeys' fees, and
penalties arising from the presence of such substances that occurred prior to closing on the
respective properties on which they are a seller. If,such a substance is discovered on one of
the properties prior to closing, the buyer shall have the nght to terminate this agreement;
however, this right is not meant to limit any remedy that the buyer may have to rescind the
exchange if the substance were discovered after closing but present before closing This
provision shall survive closing.
1R Assignment Each party agrees that this instrument and all nghts, title and interest are fully
assignable to other governmental entities.
19 Default: Remedies; Specific. Performance. In the event of material breach or default in or of
this Agreement or any of -the representations, warranties, terms, covenants, conditions or
provisions hereof by the parties, the parties shall have, in addition to a claim for damages
from such breach or default and without prejudice to any other right or remedy available
under this Agreement or at law or in equity, the right to (a) demand and have specific
performance of this Agreement; (b) demand injunctive relief to enforce any proviston of this
Agreement, or (c) terminate this Agreement upon written notice without any additional
liability to the parties and shall be entitled to a full refund of any payments outlined herein.
In the event of a non - material breach or default in or of this Agreement or any of the
representations, warranties, terms, covenants, conditions or provisions hereof by the parties,
the parties only remedy shall be a claim for damages
20 Condition of Title Each of the parties hereby agree from and after the date hereof until the
termination of this Agreement or the closing of the sale of the Property, that (i) it will take no
action that will adversely affect title to or development of the Properties; (ri) it will not
mortgage, encumber or permit the encumbrance of all or any portion of the Properties without
Project No. 09 -11 -054
the respective parties pnor written consent; and (iii) it will not enter into any written or oral
contracts or agreements with respect to the Properties.
21. Merger of Prior Agreements This Agreement and the exhibits hereto constitute the entire
agreement between the parties with respect to the exchange of the Properties and supersedes
all prior and contemporaneous agreements and understandings between the parties hereto
relating to the subject matter hereof
22 Neutral Authorship. Each of the provisions of this Agreement has been reviewed and
negotiated, and represents the combined work product of both parties hereto No
presumption or other rules of construction, which would interpret the provisions of this
Agreement in favor of or against the parties preparing the same, shall be applicable in
connection with the construction or interpretation of any of the provisions of this Agreement.
23. No Waiver of Eminent Domain Power. Nothing in this Agreement shall constitute, or be
construed as constituting, any limitation upon the parties or any waiver by the parties with
respect to its exercise of the power of eminent domain in connection with the respective
properties
24. Severabilitv In case any one or more of the provisions contained in the Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceabiiity shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein
25 Remedies Cumulative Except as otherwise expressly provided herein, the rights and
remedies given herein to the parties shall be deemed cumulative, and the exercise of one or
more of such remedies shall not operate to bar the exercise of any other rights reserved to the
parties under the provisions of this Agreement.
26. Damage to Real Property. If prior to the Closing Date, all or any portion of the property to be
conveyed is damaged, destroyed or rendered inoperative (collectively "Damage" but not
including demolition that parties agree upon) by fire, natural elements, or other causes for
which the buyer is not responsible, then the buyer may by giving written notice terminate this
Agreement and cancel the purchase of the Property, and in which case, neither buyer or seller
shall have any further rights against or obligations to the other under this Agreement, which
specifically survive termination of this Agreement If buyer elects to proceed to close and
purchase the Real Property then seller shall assign to buyer all of proceeds payable, if any, as
a result of such Damage.
27 Title Information. Unless otherwise notified by the State in writing, City shall convey the
Property described in Exhibit B to the State as follows: State of Washington, State Board
for Community and Technical Colleges, Green River Community College. Unless
otherwise notified by the City in writing, the State shall convey one half ownership interest in
the Property descnbed in Exhibit A to the City as follows: City of Auburn, a municipal
corporation and the State shall retain half ownership in the property.
28. Entire Agreement All understandings and agreements previously existing between the
parties, if any, are merged into this Exchange Agreement, which alone fully and completely
expresses their agreement, and the same is entered into after full investigation, neither party
relying upon any statement or representation made by the other not embodied herein This
Exchange Agreement may not be changed or terminated orally.
Page 6 of 9
Project No. 09 -11 -054
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names.
Title Mayor
Date
APP
By
NOV 7 2011
Date
STATE OF WASHINGTON
State Board for Community and Technical Colleges,
Green River Community College
Acting through the Department
of Enterprise Servi
By.
Date:
Howard S. Cox, Chief Property Officer
Facilities Division, Real Estate Services
Dan Heil, City Atld'rney \ By.
NOV .72011
Page 7 of 9
D
e Rus ord, Depu
Director
APPROVED AS TO FORM.
By:
Assistant Attorney General
Date: t 2.. 6 I Z 1
Project No 09-11 -054
STATE OF ,W )
County of )
On Ip,Is,L % day of , ., 20 /'
Pt " , before me personally
A.D
appeared re/ re e. �. Jtc to me known to be the
of the corporation,iliat executed the within and :foregoing instrument and acknowledged the stud instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
'' was authorized to eicecutc said instrument and that the seal affixed thereto is the corporate seal of said
corporation.
In W itiL� `` ,tytij11jthaNi f4 ereunto set my hand and affixed my official seal the day and year first above
written. ,
�°r X10 '�¢0
"rte 4 r��Q p ��
gh,lumo`
,lx,' It� "7"- itiht A SH
Notary Public in and for the State of Washington,
Residing at
My commission expires /d L
STATE OF WASHINGTON
) ss.
County of Thurston
1, the undersigned, a Notary Public, do hereby certify that on this \ tl day of 9
20,41_, personally appeared before me HOWARD S. COX, Facilities Division, Real Estate Services, Department of
Enterprise Services, State of Washington, to me known to be the individual described in and who executed the within
instrument, and acknowledged that 'he signed and sealed the same as the free and voluntary act and deed of the
Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authonzed to execute said
document
in Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Page 8 of 9
•
R ATWOOD
NOTARY TN
AE W SHINGO
COMMISSION EXPIRES
NOVEMBER 24.2014
Notary Public in and for the State of Washington,
Residing at ZAjwn r-*`)%s
My commission expires k
Project No. 09 -11 -054
STATE OF WASHINGTON )
)ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this 1 day of_,__��
, 20 personally appeared before me JANE RUSHFORD, Deputy Director,
Department of Entcrpnse Services, State of Washington, to me known to be the individual described in and who
executed the within instrument, and acknowledged that she signed and sealed the same as the free and voluntary act and
deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to
execute said document.
written
in Witness Whereof 1 have hereunto set my hand and affixed my official seal the day and year first above
ATWOOD
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
NOVEMBER 24, 2014
Page 9 of 9
Notary Public in aikd for the State of Washington,
Residing at A '- «t-A
My commission expires \ \- a-t1- 1 L1
EXIIIBIT "A"
(Martin property)
Parcel A:
That portion of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 9, Township 21
North, Range 5 East, W.M. described as follows:
Beginning at the Northeast corner of said Northeast Quarter of the Southeast Quarter of the Southwest Quarter;
thence along the North line thereof , North 88 °28' 16" West 521 87 feet; thence,South 01°11'49" West 654.41 feet
along the East line of the Plat of "College View" recorded in Volume 105 of Plats at pages 60 and 61, in King
County, Washington; thence South 88 °41'03" East 522 27 feet to the East line of said Southwest Quarter; thence
North 0I °09'40" East 652.47 feet along said East line to the point of beginning, except the North 20 00 feet for
County Road (SE 316th Street), and except the East 30 00 feet foi 1241h Avenue Southeast as conveyed under
Recording No 5799262, Records of King County, Washington, and except that portion deeded to City of Auburn
for 1241h Avenue SE & SE 3165 Street as conveyed under Recording No 201 10112000524, Records,of King
County, Washington, and except the following described parcel. commencing at the Northeast comer of said
Northeast Quarter of the Southeast Quarter of the Southwest Quarter; thence South 0l °09'40" West 652.47 feet
along the East line of said Southwest Quarter to the point of beginning; thence North 88 °41'03" West 310.69 feet;
thence North 01 °09'40" East 281 08 feet; thence South 88 °27'50" East 310.70 feet to said East line of said
Southwest Quartei; thence South 01 °09'40" West 279 89 feet along said East line to the point of beginning, situate
ui City of Auburn, King County, Washington.
Revised lot area = 228,989 square feet (5.26 AC.)
EXHIBIT B
(Lea Hill Park)
The South'/ of the SE '/, of the SW ''/ of Section 9, Townslup 21 North, Range 5 East, W.M.,
EXCEPT the South 30 feet thereof conveyed to King County for road, (SE 320th St) by Deed
recorded under Auditor's File No. 5796415, AND EXCEPT the East 30 feet thereof conveyed to
King County for road (124th Avenue SE) by Deed recorded under Auditor's File No.
5799621,EXCEPT that portion lying Westerly of the following described line: Beginning at the
intersection of the North Margin of SE 320th St and the East margin of the plat of Lea Hill
Village Division No. 1, in Volume 87 of Plats on pages 39 — 41, thence North along the East
margin of 122 " Avenue SE to the NE corner of said Addition, thence North 3 -01 -47 East 75
feet, thence South 88 -45 -00 East 92 feet, thence North 1 -10 -00 West 178.84 feet, thence North
86 -44 -10 West to the SE comer of Lot 75 of Lea Hill Village Division 3 -A in Volume 93 of
Plats on page 74, thence North along the Easterly margin of said Lea Hill Village Division 3 -A
to the North line of said subdivision, EXCEPT that portion conveyed to King County by Deed
dated September 23, recorded October 8, 1975, under Recording No. 7510080361, in King
County.
SUBJECT TO 1) Easement for Sewer Outfall Line to City of Auburn, as recorded under
Recording No. 6449536, 2) Easement for Slopes to King County, Washington as recorded
October 8, 1964, under Recording No 5796415, 3) Easement for Slopes to King County,
Washington as recorded October 15, 1964, under Recording No. 5799261, 4) Survey recorded
under Recording No. 9401259005 showing discrepancy between Northerly property boundary of
said premises and the location of a chain link fence, culvert extends into said premises across
Northerly property boundary.
EXHIBIT "C"
The City and the State covenant that the Property shall continue to be used in perpetuity for park or
recreation purposes unless other equivalent lands or facilities within the city are received in exchange
therefore and the replacement lands or facilities are used in perpetuity for park or recreation purposes.
The City and the State covenant that they shall abide by and enforce all terms, conditions and
restrictions. The Property shall not be converted to a different us unless other equivalent lands and
facilities within the City shall be received in exchange therefore.
The City and the State further covenant that they will not limit or restrict access to and use of the
Property by non -city residents in any way that does not also apply to city residents. The City and State
covenant that if.differential fees for non -city residents are imposed, they will be`reasonably related to
the cost borne by city taxpayers to maintain, improve or operate the Property for parks and recreation
purposes.
ri-
Exhibit "D"
AGREEMENT BETWEEN THE CITY OF AUBURN, WASHINGTON AND
GREEN RIVER COMMUNITY COLLEGE FOR RECREATION FACILITY USE
THIS AGREEMENT is entered into this day of , 2011, between the City of
Auburn, Washington ( "City") and Green River Community College ( "GRCC ") for the use and
supplemental maintenance of the New Lea Hill Park ( "Park ") and the GRCC Gymnasium
( "Gymnasium ").
RECITALS:
1. The Parties entered into an Agreement for Recreation Facility Use on May 30, 2003,
( "Original Agreement ") which the set forth their respective rights and responsibilities for the
management, maintenance and scheduling of what was then known as Lea Hill Park ( "Original
Park ") and the Gymnasium;
2. The Parties are contemplating an exchange of real property that, when completed, will
transfer ownership of the Original Park from the City to GRCC and will also transfer an
undivided one -half interest in the property currently known as the Martin Property to the City.
For purposes of this Agreement, the Martin Property will be referred to as the "New Lea Hill
Park;"
3. The Original Park currently contains both a fast -pitch baseball field and a slow -pitch
softball field. After the exchange, these fields will be decommissioned and GRCC intends to put
education - related structure on the site of the Original Park;
4. The City intends to construct a slow -pitch softball field on the New Lea Hill Park site;
5. This exchange of properties renders certain portions of the Original Agreement moot.
However, the Parties agree that it is in their best interest to agree to similar provisions for
management of the New Lea Hill Park and to extend the current provisions related to the
Gymnasium.
AGREEMENT:
1. Scheduling Facility Use.
A. New Lea Hill Park Ball Field.
The City shall be responsible for all scheduling and general maintenance. GRCC will be
given first priority for Ball Field use between February 1 and June 1 of each agreement
year as follows:
Monday through Friday, 2 p.m. to 6 p.m.; and
Saturday and Sunday, no later then 6 p.m.
CITY -GRCC RECREATION FACILITY AGREEMENT
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Y'
Additionally, on dates /times other then listed in this section, GRCC will have second
priority after the City, and before other users.
GRCC will submit a preliminary game schedule no later than September 30 of each
agreement year. Modifications to the preliminary_ schedule will be submitted no later then
the next January 30. GRCC will submit an annual block schedule three times per year, on
January 10, May 10, and Augustl0, reflecting actual use; the schedule shall list holidays,
college vacations, and any other days that GRCC will not schedule use of the ball fields.
B. Gymnasium and Locker Rooms.
The City of Auburn Parks, Arts, and Recreation Department will be .allowed the use of
the Gyrnnasium and locker rooms according to the following schedule for each
agreement year:
Each Monday evening from 6:30 p.m. to 10:00 p.m., beginning the Monday following the
Thanksgiving holiday and ending on the first Monday in June.
Each Monday and Tuesday evening from 6:30 p.m. to 10:00 p.m., beginning the Monday
of the 2nd week in June and ending on the second Tuesday in August.
2. Supplemental Maintenance.
GRCC is authorized, but not required to, at its sole option and expense, provide at the
New Lea Hill Park any or all of the Supplemental Maintenance identified in Exhibit #1,
incorporated herein by reference.,GRCC agrees that is shall not alter the grounds and ball field
facilities, or remove any part or portion of the grounds, materials, facilities or natural resources
of the premises without prior written consent of the City.
3. Agreement Periods and Termination.
The agreement period shall be for one year following the date of signing. The Agreement will
automatically renew each year for up to ten consecutive years, unless terminated by either party.
Either party may terminate the Agreement by giving written notice of termination to the other party,
provided that the termination shall not be effective until ninety days after the other party's receipt of the
notice of termination, unless otherwise agreed by the parties.
4. Vehicle Access.
If necessary, the City shall provide keys to the New Lea Hill Park for the purpose of vehicle entry to Toad
and unload equipment and performance of maintenance
5. Hold Harmless and Indemnification.
Each party to this agreement shall be responsible for claims and damages to persons or property
' resulting from acts of omissions on the part of itself, its "erriployees, or its officers. Neither party
CITY -GRCC RECREATION FACILITY AGREEMENT
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to this agreement assumes any responsibility to the other part for the consequences of any act or
omission of any person, firm or corporation not a party to this agreement. Neither party to this
agreement shall be considered the agent of the other party.
Each party shall indemnify and hold the other party and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands,
suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature,
brought against the other party arising out of, in connection with, or incident to the execution of
this Agreement and/or that party's performance or failure to perform any aspect of this
Agreement; provided, however, that if such claims are caused by or result from the concurrent
negligence of the other party, its agents, employees, and/or officers, this indemnity provision
shall be valid and enforceable only to the extent of the negligence of that party; and provided
further, that nothing herein shall require that party to hold harmless or defend the other party, its
agents, employees and/or officers from any claims arising from the sole negligence of the other
party, its agents, employees, and/or officers. No liability shall attach to either party by reason of
entering into this Agreement, except as expressly provided herein.
6. Insurance.
Each of the parties hereto shall maintain during the term of this agreement not less than two
million dollars of general liability insurance coverage, whether through insurance policies,
participation in insurance pools, self - insurance, or a combination thereof.
7. Amendments.
Either party may request modifications in the scope of permissible activities, terms, or conditions
of this Agreement. Proposed modifications, which are mutually agreed upon, shall be
incorporated by written amendment to this Agreement.
8. Communications and Point of Contacts.
Communications shall be sent to the following points of contact:
GRCC:
Bob Kickner, A.D.
Green River Community College
12401 SE 320th Street
Auburn, WA 98092
(253) 833 -9111 Ext. 2481
11. Prior Agreements.
CITY:
Daryl Faber, Director
Auburn Parks and Recreation
910 9th Street SE
Auburn, WA 98002
(253) 931-3043
Upon the effective date of this Agreement, the Agreement Between the City of Auburn,
Washington and Green River Community College for Recreation Facility Use is superseded
thereby and terminated.
CITY -GRCC RECREATION FACILITY AGREEMENT
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12. Acceptance and Signatures.
The parties hereto agree and accept the terms, conditions, covenants and all matters and laws
incorporated by reference herein and therefore cause their hands to affix their signatures as
evidence to their acceptance of this Agreement before their designated witnesses and/or notaries.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
CITY OF AUBURN GREEN RIVER COMMUNITY COLLEGE
Peter B. Lewis, Mayor Rick Brumfield
Vice President for Business Affairs
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
CITY -GRCC RECREATION FACILITY AGREEMENT
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EXHIBIT #1
SUPPLEMENTAL MAINTENANCE ITEMS
PRIOR TO PRACTICES: Prepare field for use: Remove litter, rake areas as needed, grade
surface as needed, drag surface as needed, plug bases, remove standing water.
AFTER PRACTICES: Restore field: Rake areas as needed, flatten lips, broom excess soil
away, broom lines and plate, drag infield, sweep /clean all dugouts.
PRIOR TO GAMES: Prepare field for use: Mow outfield as needed, add surface as
needed, remove litter, line and drag infield area as needed, grade surface as needed, plug bases,
remove standing water.
AFTER GAMES: Restore field: Rake bases, flatten lips, broom excess soil away,
broom lines and plate, drag infield, clean dugout.
CITY -GRCC RECREATION FACILITY AGREEMENT
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