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HomeMy WebLinkAbout4784 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 '21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 } 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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} 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 } 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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