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ORDINANCE NO. 4 7 8 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING AUTHORITY FOR THE MAYOR TO ENTER INTO
ALL AGREEMENTS NECESSARY FOR THE PURCHASE OF "FENSTER PARCEL
NO. 215400-0133"
WHEREAS, the City of Auburn has completed the 1993
Regional Conservation Futures Acquisition Program Olson Canyon
and Green River Access projects; and
WHEREAS, the City of Auburn has an opportunity to add
1,310 feet of waterfront with the purchase of an additional
property adjacent to the Green River Access Project; and
WHEREAS, the King County Open Space Citizen Oversight
Committee has recommended the expansion of the scope of the
1993 Regional Conservation Futures Acquisition Program Green
River Access Project to include this additional property; and
WHEREAS, the King County Council has approved and adopted
in King County Ordinance No. 11643 the expansion of the City
~.of Auburn 1993 Regional Conservation Futures Acquisition
Program Green River Access Project to include the FENSTER
PARCEL NO. 215400-0133; and
Ordinance No. 4784~
August 15, 1995
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WHEREAS, the City is desirous of acquiring the FENSTER
PARCEL No. 215400-0133 for the purpose of expansion of the
urban park and trail project; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is
as follows:
To provide authority to the Mayor to enter into all
agreements, including but not limited to the FENSTER PROPERTY
REAL ESTATE OPTION AGREEMENT as set forth in Exhibit "A"
attached hereto, necessary to close the real estate
transaction for the purchase of "FENSTER PARCEL No. 215400-
0133" for the purpose of adding to the Green River Access
Project.
Seotlon 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Seotion 3. This Ordinance shall take effect and be in
force five days from and after its passage, approval, and
publication as provided by law.
Ordinance No. 4784 Ed:?_-k 'V.."
August 15, 1995
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INTRODUCED: August 22, 1995
PASSED:
August 22, 1995
August 22, 1995
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
R~bin-W~]:h~Fe~7 Dan~elle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
~1~ ~.~e~nolds,
City Attorney
Ordinance No. 4784
August 15, 1995
Page 3
ORIGINAL
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REAL ESTATE TRANSACTION OPTION AGREEMENT BETWEEN THE
CITY OF AUBURN I~D I~YMOND i~D HELEN IRENE FENSTER
THIS AGREEMENT is made and entered into this /~
day of ~6~ , 1995 by and between the CITY OF
AUBURN, a municipal corporation of the State of
Washington, hereinafter referred to as "CITY", and
RAYMOND FENSTER and HELEN IRENE FENSTER, husband and
wife, whose address is 10520 Auburn Black Diamond Road,
Auburn, Washington 98002, hereinafter referred to as
"SELLER", in regard to certain property owned by the
SELLER located at 10520 Auburn Black Diamond Road,
Auburn, King County, Washington which is approximately
9.22 acres on the Green River and is legally described
in Exhibit "A", attached hereto and incorporated herein,
and hereinafter referred to as "PROPERTY".
In consideration of the covenants and conditions
herein, the CITY and the SELLER agree as follows:
WHEREAS, the CITY is desirous of acquiring said
Droperty for urban park and trail purposes; and
WHEREAS, the CITY has requested funds from the King
County Conservation Futures Acquisition Program to be
used to purchase said property; and
WHEREAS, as King County has approved the CITY'S
application for funding to purchase the PROPERTY; and
City of Auburn--Fensters Option Agreement
July 11, 1995
Page 1 {agree/fenst}
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WHEREAS, the CITY must retain the final option to
not proceed with this Agreement based on receiving the
approved funds from King County.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED, THE PARTIES AGREE AS FOLLOWS:
1. PURCHASE PRICE: The purchase price of the
PROPERTY shall be the fair market value which shall be
determined by an independent land appraiser mutually
agreed upon by the CITY and the SELLER. The cost of the
appraisal shall be paid by the CITY.
2. METHOD OF PAYMENT: Cash at closing.
3. CONDITION OF TITLE: At the time of closing a
title insurance policy shall be provided by SELLER to
the CITY insuring the interests of the CITY that the
PROPERTY is free and clear of all encumbrances,
including but not limited to any and all assessment for
LIDS, except those approved in writing by the CITY
within ten (10) days of receipt by the CITY of the title
insurance policy commitment showing condition of title
to PROPERTY. SELLER will clear any encumbrances that
exist prior to closing.
4. The SELLER herein agrees to sell the PROPERTY
to the CITY for the fair market value as determined by
the appraisal; however, in the event the appraisal
determines the fair market value of the PROPERTY is FIVE
City of Auburn--Fensters Option Agreement
July 11, 1995
Page 2 {agree/fenst }
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HUNDRED FIFTY THOUSAND ($550,000.00) DOLLARS or less,
then the SELLER, at its sole option, may declare this
Agreement null and void and shall not be committed to
sell the PROPERTY to the CITY.
5. The CITY'S application to the King County
Conservation Futures Acquisition Program for this
project, which includes the purchase price and all other
related costs, contains a request for approximately
SEVEN HUNDRED SIXTY THOUSAND DOLLARS ($760,000.00). If
the total cost of the project is more than SEVEN HUNDRED
SIXTY THOUSAND DOLLARS ($760,000.00), the SELLER will
have the option to accept the CITY'S offer of less than
SEVEN HUNDRED SIXTY THOUSAND DOLLARS ($760,000.00), or,
in the alternative, the CITY may attempt to secure
additional funds to pay the full value if over SEVEN
HUNDRED SIXTY THOUSAND DOLLARS ($760,000.00).
6. CLOSING OF SALE: The sale shall close
within ninety (90) days from the date of execution of
this agreement. The sale shall be closed by a party
mutually agreed upon between the CITY and SELLER.
7. PROHIBITION AGAINST ALTERING PROPERTY: During
the pendency of this Agreement, the SELLER shall not
commit any action which changes the PROPERTY in any
manner whatsoever; the actions which the SELLER is
prohibited from performing include, but are not to be
City of Auburn--Fensters Option Agreement
July 11, 1995
Page 3 {agreeffenst}
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limited to,
structures,
During the
shall remain as is.
8. ATTORNEY FEES: In the event
taken to enforce this Agreement, the
harvesting of timber, removing buildings or
and/or removing any trees from the PROPERTY.
pendency of this Agreement, the PROPERTY
any action is
prevailing party
shall be awarded its attorney fees and costs.
9. INDE~NITY: The CITY shall release,
indemnify and hold harmless the SELLER from any and all
claims, expenses, including attorney fees and
liabilities arising from the CITY'S right to go upon the
property.
10.
grant the
rent free
RIGHT TO TEMPORARILY RESIDE: The CITY shall
SELLER the right to reside in the premises
for a period of time not to exceed eighteen
(18) months following closing. The CITY and SELLER
acknowledge that all improvements on the subject real
estate, including the existing residence, barn and out-
buildings are old and in possible need of repair. The
City shall not be responsible for making any repairs or
maintaining the residence in a habitable condition
during the eighteen (18) months of temporary residency
following closing. Moreover, in the event any structure
is destroyed or the residence becomes uninhabitable, the
CITY is not responsible for any repair, replacement or
City of Auburn--Fensters Option Agreement
July 11, 1995
Page 4 {agree/fenst}
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rebuilding prior to or following the closing. Prior to
closing and during the eighteen (18) months of temporary
residency following closing, the SELLER agrees to
maintain the residence and other improvements on the
property in their current condition, provided SELLER
shall not be responsible for replacing any roofs or
making structural improvements unless said damage to the
property is caused by SELLER'S negligence. At all times
during actual occupancy by SELLER in the residence
located upon the real estate subject to sale, the SELLER
agrees to maintain liability insurance naming the City
of Auburn as an additional insured in the amount of
THREE HUNDRED THOUSAND ($300,000.00) Dollars. SELLER
agrees to provide a copy of the insurance policy
evidencing the naming of the CITY as an additional
insured. If SELLER intends to terminate temporary
residency prior to the expiration of eighteen (18)
months following closing, SELLER agrees to provide to
CITY a minimum of sixty (60) days notice of such
intention.
11. CONVEYANCE: Title shall be conveyed from
SELLER to the CITY by Statutory Warranty Deed.
12. PERFORMANCE: Time is of the essence of this
Agreement.
City of Auburn--Fensters Option Agreement
July 11, 1995
Page 5 {agree/fenst }
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13. CLOSING COSTS and PRO RATION: The
the CITY shall each pay one-half (1/2) of
fee. The SELLER shall pay the real estate
if appropriate. The SELLER shall
insurance premium and taxes. All real
to be pro rated to the date of closing.
SELLER and
the escrow
excise tax,
pay the title
estate taxes are
Any assessments
on the PROPERTY existing on the date of closing are to
be paid by SELLER in full, including, but not limited
to, any LID assessments on the PROPERTY.
~4. _HAZARDOUS WASTE: At the time of execution
· ~ ~(See Exhibit B attached)
of ~Wis Agreement and to the best of SELLER'S knowledge,
the SELLER certifies that the PROPERTY has not been used
to store, or has on it, any form of hazardous waste as
currently defined by national, state and local
authorities. The SELLER agrees that any hazardous waste
that requires removal per current regulations of the
Department of Ecology or the Environmental Protection
Agency shall be removed at the SELLER'S sole option and
at the SELLER'S sole cost, including retention of
consultants to certify that PROPERTY is clean of such
waste, if requested to do so by the CITY. Should SELLER
determine not to remove said hazardous waste, both the
CITY and SELLER shall be relieved of any further
obligations hereunder and this Agreement shall
unless the CITY waives such requirement and,
terminate,
City of Auburn--Fensters Option Agreement
July 11, 1995
Page 6 {agree/fenst}
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in that event, SELLER shall
cost of any consultants or
shall be subject to SELLER'S
are incurred.
close. The employment and
environmental appraisals
approval before the costs
CITY OF AUBURN
MAYOR
ATTEST: A fully executed agreement
is on file at the City of
~ ~~_ff Auburn Parks and
Recreation Department.
~]ko~-W~ld%~tw~, Danielle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
s.ithC. Ausman
lstant City Attorney
City of Auburn--Fensters Option Agreement
July 11, 1995
Page 7 {agree/~enst}
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Helen Irene Fenster
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day personally appeared before me Raymond
Fenster and Helen Irene Fenster to me known to be the
individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for
the uses and.p~rposes therein mg~tioned. Given under my
hand and official seal this /~.~a~ of ~~
/
NOTARY PUBLI~in and for
the State of Washinoton,
residing at:
MY COMMISSION EXPIRES:
City of Auburn--Fenstcrs Option Agreement
July 11, 1995
Page 8 {agree/fenst}
EXHIBIT A
<o
~~--EXHIBiT~A,
EXHIBIT B
ADDENDUM TO PARAGRAPH 14 OF THE
REAL ESTATE TRANSACTION OPTION AGREEMENT
BETWEEN THE CITY OF AUBURN AND
RAYMOND AND HELEN IRENE FENSTER
The SELLERS disclose to the PURCHASER the existence of a
500-gallon furnace oil tank presently used to provide heating
fuel to the residence on the property subject to sale. The top
portion of the tank is approximately 2-feet from the surface of
the ground and is situated 6-8 feet from the house. The tank was
installed by the SELLERS twenty (20) or more years ago. To the
best of SELLERS' knowledge, there has been no leakage, spill, or
discharge from the tank into the surrounding ground/land.
DATED this 1st day of August, 1995.
SELLERS:
RAYMOND FENSTER
HELEN IRENE FENSTER