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HomeMy WebLinkAbout5168 RESOLUTION NO. 51 6 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RELINQUISHMENT OF ITS INTEREST IN SEWER EASEMENTS AT 1905 HOWARD ROAD SOUTHEAST, IN THE CITY OF AUBURN WHEREAS, in connection with the development of and short platting of property in the vicinity of 1905 Howard Rd., Auburn, WA, the City of Auburn and the Valley Regional Fire Authority (VRFA) received interests in easements to serve such property; and WHEREAS, the property is now being redeveloped, and the developer' proposes to replace the existing easements with new easements that would better serve public needs, and as a result neither the City nor VRFA has a continued need for the initial easements; and WHEREAS, it would be appropriate for the City to relinquish its interests in the easements in conjunction with its receipt of new easements more appropriately tied to the properties to be served.. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 'I. The Mayor is authorized to execute, on behalf of the City of _ Auburn, the Relinquishment of Sewer Easements in conformity with the document attached hereto, marked as ATTACHMENT "I" is and incorporated herein by this reference. -------------------------- Resolution No. 5168 September 3, 2015 Page 1 of 2 Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. CITY OF AUBURN N ncy Bac , Mayor ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Dan'el B. Hei ity orne -------------------------- Resolution No. 5168 September 3, 2015 Page 2 of 2 Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. RELINQUISHMENT OF SEWER EASEMENTS Reference#(if applicable): 8911150022 Grantor/Borrower: City of Auburn and Valley Regional Fire Authority Grantee/Assignee/Beneficiary: F&M Development Company LLC Legal Description/STR: Section 19,Township 21N, Range 5E Assessor's Tax Parcel ID#: 192105-9206 This RELINQUISHMENT OF EASEMENTS is executed by the City of Auburn, a Municipal Corporation of King County, (the "City") and Valley Regional Fire Authority ("VRFA") as authorized pursuant to Auburn City Code(ACC) 12.04.050. WHEREAS the owners of Lot 3 Short Plat 6-80 Recording No. 8007080428 (parcel 192105-9337) was granted Sewer Easement 1 and the owner of Lot 4 Short Plat 7-80 Recording No. 8008070488, later recorded as SPL 0004-90 Recorded under Recording No. 9005171021 (parcel 192105-9274) was granted Sewer Easement 2 crossing that certain property in Auburn, King County, Washington, which is recorded under King County Recording No.8911150022, wherein the owners of parcel 192105-9206, were the Grantors and the owners of parcels 192105-9337 and 192105-99274 were the Grantees; and WHEREAS F&M Development Company LLC is the current owner of parcel 192105-9206, the City is the current owner of parcel 192105-9337 and VRFA is the current owner of 192105-9274. WHEREAS the City and VFRA have determined that Sewer Easements 1 and 2 are in excess of City and VRFA needs and their interests in said easements should be relinquished. Relinquishment of Easement Page 1 of 5 NOW, THEREFORE, the City and VRFA hereby relinquish, and forever abandon any interests they may have in the Sewer Easements 1 and 2, described and depicted in Exhibits "A"and `B" attached hereto and incorporated herein by this reference. SIGNATORY—CITY OF AUBURN, WASHINGTON DATED and SIGNED this Z&- day of 21Z=ssna,k,e_,, 2015. CITY OF AUBURN BY ancy Bac Mayor ATTEST: APPROVED AS TO FORM: 4d'p '6 BY r11 zO Danielle E. Daskam, City Clerk DaYielB..Heid, Cify Attorney STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Nancy Backus and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Auburn to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated EXAM +q+� /i/ �m _— �d C •�`9-Q 5�= 06"AR Y � ' ~ % CCU.rv�C11,)C O A�®N�; =v. s Notary Public in and for the S ate of Washington 4_�g Nbr?CP Residing at My appointment expires A / a-ok u Relinquishment o asement Page 2 of 5 SIGNATORY–VALLEY REGIONAL.FIRE AUTHORITY DATED this 11th day of September 2015. E C ROBERTSON Administrator APPROVED AS TO FORM: v jJse!p?hl —. Q7uinn,Attorney for VRFA STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that.Eric E. Robertson 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 Administrator of the Valley Regional Fire Authority, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated September 11, 2015 Angie M. Boyle , �` = e Notary Public in and for the State of Washington 6 avc �= Residing at Bonney Lake, Pierce County My appointment expires 5-14-2n16 trt«j�����`°° IG\sas\tlb REF.H:\Development\Projects\Estates at Hillside GardensTegal Documents\2015 Relinquishment of Easement Page 3 of 5 EXHIBIT"A" Easements Created In Statutory Warranty Deed 8911150022 To Be Relinquished Easement 1 An easement for sewer over the North 120 feet of the West 90 feet of Lot 2 of SP 7=80, Recording No. 8008070488, Revised under SPL 0004-90 (Recording No. 9005171021) (King County Tax parcel No. 1921059206), within the City of Auburn, Washington, which easement was initially established for the benefit of Lot 3 Short Plat 6-80, Recording No. 8007080428, Records of King County, WA. Easement 2 A 30 foot easement for sewer the centerline of which is at a point on the southerly boundary of Lot 2 of SP 7-80 (Recording No. 8008070488) revised by SPL 0004-90 (Recording No. 9005171021), 70 feet West of the west line of vacated Howard Road and which runs thence northwesterly parallel to the west line of said vacated Howard Road a distance of 120 feet, more or less, (King County Tax parcel No. 1921059206), within the City of Auburn, Washington, which easement was initially established for the benefit of Lot 4 of SP 7-80. Said Easements are depicted on EXHIBIT`B" Relinquishment of Easement Page 4 Of 5 EXHIBIT`B" PARCEL 1921059337 \OWNER:CITY OF AUBURN \ \ IAT 3 PARCEL 1921059306 \ SP 6-80 `y4N, MELODY SKATING \ _� . CENTER \ \ 40 cc o x PARCEL 1921059247 NCD or co 0 SEWER b EASEMENT 1 LOT 2 90' X 120'SANITARY SP 6-80 R EA8E T E 8007080428 LOT 2 SP 7-80(8008070488) REVISED BY AUBURN SPL 0004-90 REC.NO.9005171021 PARCEL 1921059206 OWNER:F&M � 25 DEVELOPMENT CO.LLC � SE �O EASEMENT 2 30 X 120'SANITARY SEWER EASEMENT PER SWD (RN 8911150022) O LOT 4 7Z yF S07-80 vide p SP�7-80 \\ 9GT ,ono PARCEL 1921059338 CITY OF AUBURN — —FIRE DEPARTMENT , LOT a, BLOCK 12 -�- - - T - - - -- - WADKINS FIRST ADDITION C SANITARY SEWER EASEMENT o4'WAoyy�' RELINQUISHMENT EXHIBIT ' ex �t q A.. APEX JOB NO: 32913 DATE: 08/21/2015 p 91bCCf10g DRAWN BY: TJM CHECKED BY: ABB A�°��d�ISTE4 �4�+tea 26M swan 351h,suse 200 � �AN4 S Tocomo. Weehingtm 98409-7478 DWG. NO: 32913—EXH.DWG SCALE: 1"=80' �2! (253) 473-4494 FAX (ZS3)473-OM Relinquishment of Easement Page.5 of 5