HomeMy WebLinkAbout5692 RESOLUTION NO. 5692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DECLARING A PORTION OF
CITY-OWNED KING COUNTY PARCEL 3339900035 AS
SURPLUS TO THE NEEDS OF THE CITY AND
AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE
AND SALE OF THE SURPLUS PORTION OF THE PARCEL
TO MADRONE PACIFIC, LLC
WHEREAS, the City of Auburn owns real property identified as King County parcel
number 333990-0035 (the "Parcel"), of which the southwesterly 9.5ft is improved as Right
of Way while the remainder of the Parcel is unimproved land; and
WHEREAS, City of Auburn staff have reviewed the Parcel and have identified no
current or future need for the unimproved land portion of the Parcel; and
WHEREAS, Madrone Pacific LLC has interest in purchasing the unimproved land
portion of the Parcel from the City and has made an offer to purchase the land from the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Auburn City Council declares the following legally described
portion of the Parcel as being surplus to the needs of the City:
THAT PORTION OF LOT 1, BLOCK 12 OF C.D. HILLMAN'S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 92, IN KING COUNTY,
WASHINGTON, LYING NORTHEASTERLY OF HARVEY ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY DEED
RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON RECORD OF
SURVEY RECORDED UNDER RECORDING NUMBER 8606259008.
LESS THE SOUTHWESTERLY 9.50 FEET, WHEN MEASURED AT RIGHT ANGLES
FROM THE NORTHEASTERLY RIGHT OF WAY MARGIN OF HARVEY ROAD NE.
Resolution No. 5692
11/22/2022
Page 1 of 2 Rev.2020
CONTAINING AN AREA OF 186 SQUARE FEET, MORE OR LESS
Section 2. The Auburn City Council authorizes the Mayor to enter into a
purchase and sale agreement with Madrone Pacific, LLC for the that portion of the Parcel
declared as surplus to the needs of the City, which agreement shall be in substantial
conformity with the terms and conditions of the purchase and sale agreement attached
as "Exhibit A".
Section 3. The Mayor is authorized to implement those administrative
procedures and/or execute minor amendments necessary to carry out the directives of
this Resolution.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 5th day of December, 2022.
CITY OF AUBURN
ANCCYB US, MAYOR
A EST: // APPROVED AS TO FORM:
dor renditaL, (allotAA
Jy:Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5692
11/22/2022
Page 2 of 2 Rev.2020
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PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT(this"Agreement")is entered into as of the
(,Xh day of D6(ennbet, 2022 ("Effective Date"), by and between the CITY OF
AUBURN,a Washington municipal corporation(the"City"or"Seller"),and MADRONE
PACIFIC, LLC, a Washington Limited Liability Company, (hereinafter "Madrone" or
"Buyer"). Seller and Buyer hereinafter may be referred to as the "Parties" or individually
as a"Party."
RECITALS
A. The City owns King County Parcel No. 333990-0035, real property
consisting of raw land (the Larger Parcel). The southwesterly 9.50 feet of the Parcel is
currently improved as a public sidewalk (Sidewalk Area). The Larger Parcel is legally
described in Exhibit A-1.
B. Prior to Closing this purchase and sale transaction, the City intends to
dedicate the Sidewalk Area of the Larger Parcel to the City for right of way purposes.
Madrone desires to purchase the remaining portion of the Larger Parcel not dedicated for
right of way purposes (the Subject Property) from the City to pursue a medical office
development project(FAC22-0011).
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which the
Parties mutually acknowledge, Buyer and Seller agree as follows:
1. Certain Defined Terms. For purposes of this Agreement, the following
capitalized terms in this Agreement will have the following definitions:
1.1 "Subject Property" means the land and all rights, title and interests
associated with the land legally described in Exhibit A-2.
1.2 "Closing" means the recordation of the Deed with the King County
Recorder's Office and Seller's receipt of the Purchase Price.
1.3 "Closing Date"On or before December 31,2022, or such other date as may
be agreed to in writing,and subject to completion of the following;(1)City Council to pass
a resolution declaring the property as surplus to the City's needs, (2) Seller's receipt of the
Purchase Price from Buyer, (3) recording of the executed Deed from Seller to Buyer, and;
(4) completion of items described in subsection 3.1.
1.4 "Deposit".No deposit to be collected.
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1.5 "Purchase Price" has the meaning as set forth in Section 3.
2. The Property to be Sold. The City is the sole owner in fee simple of certain real
property located in King County Washington, legally described in Exhibit A-2 (herein
referred to as the "Subject Property"). Subject to and conditioned upon the terms set forth
in this Agreement, the Buyer wishes to buy, and Seller wishes to sell, convey, assign,
transfer and deliver all Seller's rights, title, interest and improvements in, on, above and
below the Subject Property. Seller shall convey the property by Quit Claim Deed (the
"Deed") substantially in the form of Exhibit B-1 attached.
3. Purchase Price; Cash Payment & Other Considerations. In consideration for
the sale, transfer, conveyance, assignment and delivery of the Property, Buyer shall pay in
full to Seller on the Closing Date a total purchase price of One Thousand Dollars and no
cents ($1,000.00). The Purchase Price payment by Buyer will be via cashier's or certified
check.
Seller and Buyer agree that the entire Purchase Price is allocable to the Real Property, and
that the value of the Personal Property, if any, is de minimis.
3.1 Pre-Closing Right of Way Dedication. Buyer and Seller hereby acknowledge
and agree that prior to Closing, Seller will dedicate 9.50 feet of property along the Larger
Parcel's entire southwesterly boundary line (the Sidewalk Area) for Right of Way (ROW)
purposes. The ROW dedication shall be granted via a Right of Way Deed substantially in
the form of Exhibit B-2 attached. Buyer and Seller further agree that the purchase price
observes and reflects this ROW dedication.
4. Earnest Money Deposit. Buyer and Seller mutually agree that there is to be no
deposit required for this transaction.
5. Title Policy. Intentionally left blank
6. Survival Of Rights, Duties, And Obligations . The Parties' rights, duties,
covenants, and obligations under Sections 3.1, 9, 11, 13.4 — 13.7 and 13.10 shall survive
Closing and the expiration or earlier termination of this Agreement.
7. Closing.
7.1 Time for Closing. Within five (5) business days completion of those terms
set forth in Sections 1.3 & 3.1 above, the City will deliver to Madrona an executed copy of
the Deed and Real Estate Excise Tax Affidavit("Affidavit"). Madrona shall cause the Deed
and Affidavit to be recorded with the King County Recorder's Office. Unless otherwise
amended by the Parties, Closing shall take place no later than December 31, 2022.
7.2 Closing Costs.
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7.2.1 Seller's Costs. Seller will pay (a) Recording fees of the Right of
Way Dedication Deed; (b) its own attorney and professional fees.
7.2.2 Buyer's Costs. Buyer will pay (a) the recording fees for the
conveyance Deed and Affidavit of the Subject Property; (b) real estate excise taxes, if any,
and(c) Buyer's share of real estate property tax proration's, if any.
7.2.3 All other costs and expenses will be the responsibility of the Buyer.
7.3 Closing Documents.
7.3.1 Seller's Documents. At Closing, Seller will deliver to Buyer the
following instruments and documents:
a. The executed Quit Claim Deed in the form attached as Exhibit B-1,
conveying the Property to Buyer.
b. The executed real estate excise tax affidavit to accompany the Deed.
c. A recorded copy of the Right of Way dedication deed substantially in
the form of Exhibit B-2.
7.3.2 Buyer's Documents. At Closing, Buyer shall deliver to Seller the
following funds, instruments and documents:
a. The balance of the Purchase Price in accordance with Section 3.
7.4 Closing shall be considered complete when all of the following occur: Pre-
closing obligation described in subsection 3.1 has been completed, Buyer makes payment
to Seller,the parties have executed the real estate excise tax affidavit, and the executed quit
claim deed to Buyer is recorded.
7.5 In addition to the acts and assurances recited and contemplated by this
Agreement, the parties agree to perform, execute, and/or deliver any such further acts and
assurances that may reasonably be required to affect the purpose, terms, and conditions of
this Agreement.
8. Possession. Buyer is entitled to possession of the Subject Property upon Closing.
9. Representations and Warranties.
9.1 Seller's Representations and Warranties. In addition to any other
representations or warranties of City elsewhere in this Agreement, Seller represents and
warrants to Buyer now, and as of the Closing Date, that:
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9.1.1 Authority. That the Seller has full power and authority to execute
this Agreement and perform Seller's obligations hereunder, and all necessary action to
authorize this transaction has been taken, except as specifically provided herein.
9.1.2 Hazardous Substances. Seller has not received notification of any
kind from any governmental agency suggesting that the Subject Property is or may be
qualify for a Hazardous Substances cleanup.
Seller agrees to complete item 6, "Environmental" of Seller's Disclosure Statement,
attached as Exhibit C. Buyer agrees to waive the Seller's Disclosure Statement under
RCW 64.06.010 with the exception of item 6 (related to environmental disclosures) under
RCW 64.06.013.
9.1.3 Seller warrants that the property has no material,structural or hidden
defects and that to the best of Seller's knowledge, there is no litigation pending or
threatened again Seller that arises out of the ownership of the Subject Property and that
might materially and detrimentally affect the(i)use or operation of the Property for Byer's
intended use, or (ii) the ability of Seller to perform its obligations under this Agreement,
or(iii) the value of the Property.
9.2 Buyer's Representations and Warranties. In addition to any other
representations and warranties of Buyer elsewhere in this Agreement,Buyer represents and
warrants to Seller now,and as of the Closing Date,that(a)Buyer has full power to execute,
deliver and carry out the terms and provisions of this Agreement, and has taken all
necessary action to authorize the execution, delivery and performance of this Agreement;
and (b) the individual executing this Agreement on behalf of Buyer has the authority to
bind Buyer to the terms and conditions of this Agreement.
9.3 "As is" condition of Subject property. The Purchase Price reflects that the
Buyer is purchasing the Subject property"as is," "where is," and "with all faults."Except
to the extent of representations and warranties specifically made by Seller or in the Deed
or other documents to be delivered by Seller at Closing, the Seller has not made, does not
make, and specifically negates and disclaims any representations, warranties, promises,
covenants, contracts or guarantees of any kind or character whatsoever,whether express or
implied, oral or written,past,present or future, of, as to, concerning, or with respect to the
value,nature, quality, or condition of the Subject Property, including, without limitation:
(i) The water, soil and geology;
(ii) The suitability of the Subject Property for any and all activities and uses that Buyer
or anyone else may conduct thereon;
(iii) The compliance of or by the Subject Property or its operation with any laws, rules,
ordinances or regulations of any applicable governmental authority or body;
(iv) The habitability, merchantability, marketability, profitability or fitness for a
particular purpose of the ;
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(v) The manner or quality of the construction or materials, if any, incorporated into the
Property; or
(vii) Any other matter with respect to the Subject Property.
(b) Seller has not made, does not make, and specifically disclaims any representations
regarding compliance with any environmental protection, pollution, zoning or land use
laws,rules,regulations, orders, or requirements.
(c) Without limitation, Seller does not make and specifically disclaims any warranties,
express or implied, any warranties or representations with respect to the structural
condition of the Subject Property, the area of land being purchased, the existence or non-
existence of any Hazardous Substances or underground storage tanks, or the actual or
threatened release, deposit, seepage, migration or escape of Hazardous Substances, from
or into the Subject Property, and the compliance or noncompliance of the Subject Property
with applicable federal, state, county and local laws and regulations, including, without
limitation, environmental laws and regulations and seismic/building codes, laws and
regulations. For purposes of this Agreement,the term"Hazardous Substances"shall mean:
"hazardous substance" as defined in 42 U.S.C. §9601(14) (as now enacted or hereafter
amended); "hazardous waste" as defined by 42 U.S.C. §6903(5) as now enacted or
hereafter amended; hazardous wastes, hazardous materials, hazardous substances, toxic
waste, toxic materials, or toxic substances as defined in state or federal statutes or
regulations; asbestos-containing materials, polychlorinated biphenyls; radioactive
materials, chemicals known to cause cancer or reproductive toxicity; petroleum products,
distillates or fractions; any substance the presence of which is prohibited by statute or
regulation; and any substance for which any statute or regulation requires a permit or
special handling in its use, collection, storage, treatment or disposal.
9.4 Indemnification. From and after Closing, Buyer shall indemnify, defend and hold
Seller, its officers, agents and employees harmless from and against any and all claims and
agency orders or requirements directly or indirectly relating to or arising out of, the Subject
Property.
10. Maintenance of Subject Property; Risk of Loss. Condemnation.
10.1 Maintenance of Subject property. From the Effective Date until the Closing
Date(or any earlier termination of this Agreement),Seller as owner of the Subject Property
agrees to continue to maintain it in substantially the same condition existing as of the
Effective Date, ordinary wear and tear, and damage by casualty accepted.
The Parties agree that it will not damage nor commit waste on the Subject Property between
the Effective Date and the Closing Date.
10.2 Risk of Loss. Risk of loss of or damage to the Subject Property shall be
borne by Seller until the Closing Date. Thereafter, Purchaser shall bear the risk of loss. In
the event of material loss of or damage to the Subject Property prior to the Closing Date,
Seller shall promptly notify Purchaser in writing and Seller shall not be obligated to restore
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the Property nor pay damages to Purchaser by reason of such loss or damage. Upon receipt
of written notice pursuant to Section 12 below,Purchaser may within five(5)business days
terminate this Agreement by giving written notice of such termination to Seller and such
termination shall be effective immediately; provided,however,that Purchaser may elect to
purchase the Subject Property in the condition then existing;provided that, Buyer delivers
notice of such election pursuant to Section 12 below within five(5)business days of receipt
of Seller's notice of a material loss of or damage to the Property as provided for in this
Section 11
11. Default.
11.1 Time. Time is of the essence in every provision herein contained.
11.2 Seller's Remedies for Buyer's Default or Failure to Close. If Buyer fails,
without legal excuse, to complete the purchase of the Subject Property in accordance with
this Agreement, Seller's sole and exclusive remedies shall be to terminate this Agreement
or to seek specific performance as well as any other remedies at law or equity.
11.3 Buyer's Remedies for Seller's Default. If Seller fails to complete the sale
of the Subject Property in accordance with this Agreement, Buyer's remedy will be to
terminate this Agreement or to seek specific performance.
12. Notices. All notices, demands and other communications required or permitted to
be given hereunder shall be in writing and shall be sent by personal delivery (including by
means of professional messenger or courier service)or registered or certified mail,postage-
prepaid,return-receipt requested,or by email at the addresses provided herein. Notice shall
be deemed to have been given upon receipt if personally delivered or sent by email, and if
sent by mail, two (2) days after duly deposited in the U.S. Mail to all of the addresses
designated for such party.
The Parties' respective addresses for notices are as follows:
If to City: City of Auburn
Real Estate Manager
25 West Main Street
Auburn, WA 98001-4998
Attn: Josh Arndt
Email:jarndt@auburnwa.gov
With copies to: City Attorney's Office
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Attn: City Attorney
Email: kcomeau@auburnwa.gov, druth@auburnwa.gov
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If to Madrone Madrone Pacific, LLC
Pacific, LLC: 921 Harvey Road Ste. A
Auburn, WA 9802
Email: aaronc@craineve.com
With copies to: Aaron Crain
16410 NE 17thP1
Bellevue, WA 98008
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
13. General.
13.1. Entire Agreement, Waiver, and Governing Law. This is the entire agreement
of Buyer and Seller with respect to the matters covered hereby and supersedes all prior
agreements between them,written or oral. Any waivers must be in writing. No waiver of
any right or remedy in the event of default will constitute a waiver of such right or remedy
in the event of any subsequent default. This Agreement will be governed by the laws of
the State of Washington. Venue for disputes under this agreement is the Superior Court of
King County, Washington.
13.2 No Third-Party Beneficiaries/Severability. This Agreement is for the benefit
only of the parties hereto and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties hereto. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision hereof. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
13.3 Signing Authority. Each of the Parties hereby represents and warrants that
the individual signing this Agreement on its behalf is duly authorized to enter into this
Agreement and to execute and legally bind such Party to it.
13.4 Attorneys' Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party is entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys' fees, including
fees incurred at trial, on any appeal and in any petition for review.
13.5 Reservation of Police Power. Notwithstanding anything to the contrary set
forth in this Agreement, Buyer understands and acknowledges that the City's authority to
exercise its police (regulatory) powers in accordance with applicable law shall not be
deemed limited by the provisions of this Agreement.
13.6 Amendment. This Agreement may be amended or modified only by a
written instrument executed by Seller and Buyer
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13.7 Construction. This Agreement and each of its terms have been explicitly
negotiated between the parties,and each has had the opportunity for legal counsel to review
the Agreement, so that the language in all parts will be construed according to its fair
meaning and not strictly for or against either party.
13.8 Approval by Auburn City Council. The Parties acknowledge that this
Agreement shall not be deemed accepted by or binding on the Seller until the Auburn City
Council determines that the Subject Property is surplus to the needs of the City of Auburn,
and grants authority to Auburn's Mayor to negotiate, execute and convey the Subject
Property to the Buyer.
13.10 Non-Merger. The terms and provisions of this Agreement will not merge in,
but will survive,the closing of the transaction contemplated under this Agreement.
13.11 Exhibits. The following exhibits are attached and incorporated into this
Agreement by reference.
(i) Exhibit A-1—Legal Description of the Larger Parcel
(ii) Exhibit A-2—Legal Description of the Subject Property
(iii) Exhibit B-1—Quit Claim Deed Form
(iv) Exhibit B-2—Right of Way Dedication Deed Form
(v) Exhibit C—Seller Disclosure,Environmental
[SIGNATURES ON THE FOLLOWING PAGE]
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SIGNATURES
BUYER SELLER
MADRONE,PACIFIC, LLC CITY OF AUBURN
c--ClocuSigned byI .;
WM WIN
.‘
^.--ZDACFACuaTtYD404,..
Aaron Crain,President Nancy Balk, Mayor
11/22/2022
1"%tir
Date: Date:
Approved as to Form:
VeA
Kendra Comeau,Comeau, City of Auburn Attorney
Madrona Pacific LLC/City of Auburn PSA 11.2.22
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EXHIBIT A-1
Legal Description of the Larger Parcel
THAT PORTION OF LOT 1,BLOCK12 OF C.D. HILLMAN'S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE,DIVISION NO. 2, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 12 FO PLATS,PAGE 92, IN KING
COUNTY, WASHINGTON, LYING NORTHEASTERLY OF HARVEY ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY DEED
RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON RECORD OF
SURVEY RECORDED UNDER RECORDING NUMBER 8606259008.
CONTAINING AN AREA OF 388 SQUARE FEET,MORE OR LESS
King County Parcel Number: 333990-0035
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EXHIBIT A-2
Legal description of the Subject Property
THAT PORTION OF LOT 1,BLOCK 12 OF C.D. HILLMAN'S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2,ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 12 FO PLATS, PAGE 92, IN KING
COUNTY, WASHINGTON, LYING NORTHEASTERLY OF HARVEY ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY DEED
RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON RECORD OF
SURVEY RECORDED UNDER RECORDING NUMBER 8606259008.
LESS THE SOUTHWESTERLY 9.50 FEET,WHEN MEASURED AT RIGHT
ANGLES FROM THE NORTHEASTERLY RIGHT OF WAY MARGIN OF HARVEY
ROAD NE CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY
PURPOSES UNDER RECORDING NUMBER
CONTAINING AN AREA OF 186 SQUARE FEET,MORE OR LESS.
•
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EXHIBIT B-1
Quit Claim Deed
Return Address:
Madrone Pacific,LLC
[INSERT ADDRESS.1]
[INSERT ADDRESS 2]
Above this line reserved for recording information.
QUIT CLAIM DEED
Grantor: City of Auburn
Grantee: Madrone Pacific,LLC
QSTR: SE-7-21-5
Parcel Identification Number#(if applicable): 333990-0035
The Grantor,City of Auburn,Washington,for and in consideration of Ten Dollars and other valuable
consideration in hand paid,conveys and quit claims to Madrone Pacific,LLC,the following described
real estate
THAT PORTION OF LOT 1,BLOCK 12 OF C.D. HILLMAN'S AUBURNDALE
ADDITION TO THE CITY OF SEATTLE,DIVISION NO. 2,ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 12 FO PLATS, PAGE 92,IN
KING COUNTY,WASHINGTON,LYING NORTHEASTERLY OF HARVEY
ROAD.
CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY
DEED RECORDED UNDER NUMBER 8902271022 AND AS DEPICTED ON
RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER
8606259008.
LESS THE SOUTHWESTERLY 9.50 FEET,WHEN MEASURED AT RIGHT
ANGLES FROM THE NORTHEASTERLY RIGHT OF WAY MARGIN OF
HARVEY ROAD NE CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF
WAY PURPOSES UNDER RECORDING NUMBER
SUBJECT TO: MATTERS OF PUBLIC RECORD
[Signature on the following page]
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Executed by the City of Auburn this day of ,2022.
City of Auburn, a municipal corporation
and political subdivision of the State of
Washington
By: Nancy Backus,Mayor
City of Auburn
STATE OF WASHINGTON )
)ss.
County of )
The undersigned Notary Public hereby certifies: That on this day of
2022,personally appeared before me Nancy Backus,Mayor of the City of Auburn,to me
known to be the individual described in and who executed the within instrument, and
acknowledged that he/she signed and sealed the same as his/her free and voluntary act and
deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly
authorized to execute said document on behalf of the City of Auburn.
In Witness Whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
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EXHIBIT B-2
Right of Way Dedication Deed
Return Address:
City of Auburn
Clerks Office
25 W Main St
Auburn,WA 98001
Above this line reserved for recording information.
RIGHT OF WAY DEDICATION DEED
Grantor: City of Auburn
Grantee: City of Auburn
QSTR: SW-7-21-5
Parcel Identification Number#(if applicable): 333990-0035
The grantor City of Auburn,for and in consideration of Ten Dollars and other valuable consideration
in hand paid,grants and warrants to the City of Auburn,Washington,the following described
easement for right of way,public street,and public utility purposes
Legal Description attached as Exhibit A and depicted in Exhibit B attached hereto and
incorporated by this reference
situated in the county of King,state of Washington.
It is the intention of the parties that,notwithstanding the fact that the benefit of the easement and
rights herein granted and the fee underlying the easement are now or may hereafter be owned by the
same person or entity,the easement and rights in each case created hereby shall not merge into such
fee.
Executed by the City of Auburn this day of ,2022.
City of Auburn, a municipal corporation
and political subdivision of the State of
Washington
By: Nancy Backus, Mayor
City of Auburn
NOTARY BLOCK ON THE FOLLOWING PAGE
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STATE OF WASHINGTON )
) ss.
County of )
The undersigned Notary Public hereby certifies: That on this day of
2022,personally appeared before me Nancy Backus,Mayor of the City of Auburn,to me
known to be the individual described in and who executed the within instrument, and
acknowledged that he/she signed and sealed the same as his/her free and voluntary act and
deed,for the purposes and uses therein mentioned, and on oath stated that he/she was duly
authorized to execute said document on behalf of the City of Auburn.
In Witness Whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
Madrone Pacific LLC/City of Auburn PSA 11.2.22
King County Parcel#333990-0035 Page 15 of 19
DocuSign Envelope ID:C7ADF7FD-0559-45E9-908D-2C59040A5FB0
EXHIBIT A to ROW Dedication
Right of Way Dedication Legal Description
THE SOUTHWESTERLY 9.50 FEET,WHEN MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY
RIGHT OF WAY MARGIN OF HARVEY ROAD NE,OF THAT PORTION OF THE FOLLOWING DESCRIBED
PARCEL"A"CONVEYED TO THE CITY OF AUBURN PER STATUTORY WARRANTY DEED RECORDED UNDER
RECORDING NUMBER 8902271022 AND AS DEPICTED ON RECORD OF SURVEY RECORDED UNDER
RECORDING NUMBER 8606259008:
PARCEL"A"
THAT PORTION LOT 1,BLOCK 12 OF C.D.HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF SEATTLE,
DIVISION NO.2,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS,PAGE 92,IN
KING COUNTY,WASHINGTON,LYING NORTHEASTERLY OF HARVEY ROAD.
SITUATE IN THE CITY OF AUBURN,KING COUNTY,WASHINGTON.
THIS RIGHT OF WAY DEDICATION CONTAINS AN AREA OF 202 SQUARE FEET,MORE OR LESS.
A'L
NP/
• walk
114
ES .4'g8 �p9. ct� ff
10/2412022
Madrone Pacific LLC/City of Auburn PSA 11.2.22
King County Parcel#333990-0035 Page 16 of 19
DocuSign Envelope ID:C7ADF7FD-0559-45E9-908D-2C59040A5FB0
EXHIBIT B to ROW Dedication
Depiction of Right of Way Dedication
•,. \ TPN 333g90-0075
�` .\ c \
90.5 HARVEY RD NE
\\I.:::)%
,vorr
/
CITY OF AUBURN
„r.y TPN 3332 -0035 ,',
),,fto 901 HARVEY RD NE A •
c),.„ RIGHT OF WAY 1005
DEDICATION AREA
202 SD.FT.t
le A; 09
82DTPi iAR333VEY90-00RD?J E
COA MON • �f'� \ l \
610-012 , `\ \
� / Xler 01* \
'1•45,\\ ,,..,
\-\%;-)k14-\\
aY;�9"J-\
E""1 4 1 f
COA MON .-_,
2833 lAtQ
SCALE: 1""= 10 FEE 610-010 "la MA
t 1�0
0 5 10 20 10124/2022
4.... ��
,.���ref ,rrrr�V.v,
r * EXHIBIT B - DEPICTION
,o/,11 R''/" • CITY OF AUBURN RIGHT OF WAY DEDICATION
+Af' .-,. * til WORKS DEPARTMENT TPJ 333990-0035
• WASIQNUrabl 25 WEST MAIN ST-AUBURN,WA 601 HARVEY RD NE
AUBURN,96002
Madrone Pacific LLC/City of Auburn PSA 11.2.22
King County Parcel#333990-0035 Page 17 of 19
DocuSign Envelope ID:C7ADF7FD-0559-45E9-908D-2C59040A5FB0
EXHIBIT C
Seller Disclosure Statement—Environmental
ENVIRONMENTAL DISCLOSURE YeS No Don't N/A
Know
A Have there been any flooding,standing water,or drainage X
problems on the property that affect the property or access to
the property?
B Does any part of the property contain fill dirt,waste,or other X
fill materials?
C Is there any material damage to the property from fire,wind, X
floods,beach movements,earthquake,expansive soils,or
landslides?
D Are there any shorelines,wetlands,floodplain,or critical X
areas on the property?
E Are there any substances,materials,or products in or on the X
property that may be environmental concerns,such as
asbestos,formaldehyde,radon gas,lead-based paint,fuel or
chemical storage tanks,or contaminated soil or water?
F Has the property been used for commercial or industrial X
purposes?
G Is there any soil or groundwater contamination? X
H Are there transmission poles or other electrical utility X
equipment installed,maintained,or buried on the property
that do not provide utility service to the structures on the
property?
I Has the property been used as a legal or illegal dumping site? X
J Has the property been used as an illegal drug manufacturing X
site?
K Are there any radio towers in the area that cause interference X
with cellular telephone reception?
Madrone Pacific LLC/City of Auburn PSA 11.2.22
King County Parcel#333990-0035 Page 18 of 19
DocuSign Envelope ID:C7ADF7FD-0559-45E9-908D-2C59040A5FB0
If you answered yes to any of the following please give further details here.
Madrone Pacific LLC/City of Auburn PSA 11.2.22
King County Parcel#333990-0035 Page 19 of 19
Property Information Profile
(Parcel 333990-0035)
Property Name _ Orphan parcel 333990-0035
Street Address ., 901 Harvey Rd NE
Auburn, WA 98002
Parcel Number(s) 333990-0035
Size•: 388sqft total
202sgft improved as ROW
186sgft un-improved land
Department Not found on Finance Asset Sheet.
Current Use Vacant, sidewalk& utilities.
How/Why Acquired ' Statutory Warranty Deed Rec#198902271022
Likely dedicated for ROW purposes, but no language to support. PW
nor Finance have any solid knowledge on why or how City acquired,
which department property belongs to or otherwise.
Deed Restrictions None
Planned Future Use Likely none
Zoning Cl
City Fund GF
Studies/Links Record of Survey 8606259008
Notes Purchased for$819.00 from Marshall and Nancy Brenden.
Road project 90STR2681 was for street improvements along Harvey
from 8th St north to Auburn Way North.
All parcels on east side of Harvey in this area go to roughly street edge
of sidewalk. Sidewalk is an 8' sidewalk and utility easement on
neighboring private properties, not recorded against this property as it
was under City ownership. 9.5'ft sidewalk and utility easement to be
reserved or ROW dedication if sold.
Found public improvement easement 9006220832 & 9303031626
recorded against neighboring properties. Reservation language same
for both, likely all easements in area similar language. Use similar
language as a template for easement reservation. Public Works
requested that the sidewalk portion be dedicated prior to conveyance
rather than reserve an easement or allow ROW dedication through the
FAC.
COA Survey project C10610 dated 8.29.22 depicts existing utilities
would require 9.5' of the southwesterly portion of the property for
utility and sidewalk.
FAC22-0011—Crain Eye Clinic wanting to develop larger vacant parcel
333990-0075. Interested in City parcel for$1,000
Recommend Council declare the property as surplus to the City's
needs and grant Mayor the authority to execute a purchase and sales
agreement with Madrone Pacific LLC (Crain).
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