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HomeMy WebLinkAbout5371ORDINANCE NO.5 3 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR TAX PARCEL # 132104-9109, OWNED BY ANT, LLC AND LOCATED BETWEEN S. DIVISION ST. AND 'A' STREET SE AND NORTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD STAMPEDE PASS LINE. WHEREAS, the City of Auburn Water completed a partial acquisition of this property in association with PR 529, 3�d Street SW Grade Separation Project; and WHEREAS, there is a remnant property remaining; and WHEREAS, the purchase of said remnant property is necessary to provide a non -motorized trail as designated in the Non -Motorized Plan adopted by ordinance 5183; and WHEREAS, an appraisal report was completed by the Appraisal Group of the Northwest LLP, and a review appraisal was completed by Strickland Heischman and Hoss, Inc in association with PR 529, 3`d Street SW Grade Separation Project. The review appraisal indicated a fair market value for said remnant property in the amount of $137,100; and WHEREAS, the owner offered to sell the said remnant property for $63,600; and Ordinance No. 5371 04/25/00 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to sign the Purchase and Sale Agreement between ANT LLC, a Delaware limited liability Company and the City of Auburn for property located between S. Division Street and 'A' Street SE and north of the Burlington Northern Santa Fe Railways Stampede Pass Line as described in the Purchase and Sale Agreement, which is set forth as Exhibit "A" attached hereto and incorporated herein by this reference. The purchase price of the property is $63,600, plus related closing costs. The Mayor and City Clerk are hereby further authorized to execute all additional documents required to finalize the purchase of said property. Ordinance No. 5371 04/25/00 Page 2 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. INTRODUCED: MAY 1, 2000 PASSED: _ MAY 1, 2000 APPROVED: MAY 1, 2000 a" Q. o CHARLES A. BOOTH MAYOR ATTEST: DE. Daskam City Clerk anielle AS TO FORM: Michael J. Reynolds City Attorney Published: �QOa Ordinance No. 5371 04/25/00 Page 3 ANT, LLC 2216 (part 2) Exhibit "A" Ordinance 5371 PURCHASE AND SALE AGREEMENT In the matter of the C Street SW/SR 18 Ramp/3rd Street SW Grade Separation project, PR 529, Parcel No. 132104-9109. THIS AGREEMENT is made and entered into by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the "City," and the undersigned owner, hereinafter referred to as the "Owners": WITNESSETH WHEREAS, the City affirms and the Owners agree that the Owners' real property described herein is required by the City for construction of roadway improvements associated with the project described above. AND WHEREAS, the City has made a firm and continuing offer to pay the amount of Sixty Three Thousand Six Hundred Dollars and no cents ($63,600.00), for the purchase of the following described real property in Auburn, King County, Washington (the "Property"): See Exhibit "A" (legal description) attached hereto and by this referenced made a part hereof. See Exhibit `B" for a graphic representation of Exhibit "A" NOW THEREFORE, it is understood and agreed that: 1. The Owners will convey the Property by good and sufficient Quitclaim Deed whereby they shall warrant and defend title against all persons claiming by, through and under them (the "Deed"), free from all liens and encumbrances other than (i) all non -delinquent taxes and assessments, including existing bond or special district assessments (which shall be assumed by the City), (ii) all matters created by or on behalf of the City, and (iii) all other exceptions, reservations, reversions and other matters, if any, affecting the Property, whether or not of record[(i) and (ii) and (iii) being hereinafter referred to as the "Permitted Exceptions"]. The City will have twenty (20) days from the receipt of the title report to review and approve of the matters contained in the report. The City must notify the Owner in writing within the twenty (20) days from receipt of any objections contained in the report. Owner will have fifteen (15) days from the Citys objection letter to cure said objections. In the event the Owner is unable to cure the objections contained in the report, then the City may elect to proceed in purchasing the property or terminate the transaction. In the event the City fails to notify the Owner in writing within said twenty (20) days, then it will be presumed that the City has approved of the items contained in the report. 2. The City will have one hundred twenty (120) days from the Owners execution of this agreement to secure a commitment for financing. In the event the City is unable to secure said financing by the end of the one hundred twenty (120) day period, and both the City and the Owner elect not to extend the time frame for this contingency, then either party may elect to terminate this agreement. 3. The City will issue a check in the amount of $63,600.00 as stated above, which will be deposited with Pacific Northwest Title Insurance Company. 4. Delivery of this Agreement is hereby tendered. HOWEVER, the terms and obligations hereof shall not become binding upon the City unless and until a resolution authorizing the acquisition is approved by the City Council. The closing of the transaction contemplated herein must occur within fifteen (15) days from satisfaction of paragraph 2 above. This agreement will become null and void if the City fails to execute and deliver a fully executed original to the Owner within thirty (30) days from the Owners execution date. 5. The City will pay normal costs of closing, such as escrow services, title reports, any and all documentary stamps prescribed by statute, any and all required transfer taxes and excise taxes, and all recording fees. Other than Permitted Exceptions, any outstanding liens, assessments, taxation encumbrances that may have to be removed to provide clear title to the City are to be satisfied in escrow by the Owners out of the proceeds of the sale. Real estate taxes and general or special assessments payable or paid in the year the closing occurs shall be prorated by the Owners and the City as of the date on which the Deed is delivered, on the basis of the most recent ascertainable taxes assessed against the Property. 6. THE CITY ACKNOWLEDGES THAT IT IS ACQUIRING THE PROPERTY AS -IS, WHERE -IS, AND WITH ALL FAULTS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PATENT AND LATENT DEFECTS, AND THAT IT IS ACQUIRING THE PROPERTY WITHOUT ANY REPRESENTAIONS OR WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF THE OWNERS AND THE CITY OF EXPRESSLY TO NEGATE AND EXCLUDE ALL REPRESENTAIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY AND AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY CONVEYED HEREUNDER, OR BY ANY SAMPLE OR MODEL THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES WHATSOEVER CONTAINED IN OR CREATED UNDER THE UNIFORM COMMERCIAL CODE IN EFFECT IN THE STATE IN WHICH THE PROPERTY IS SITUATED OR ANY OTHER JURISDICTION WHOSE LAW MAY BE APPLICABLE TO THE CONSTRUCTION OR ENFORCEMENT OF THIS AGREEMENT OR ANY AND ALL INSTRUMENTS CONTEMPLATED HEREIN. Without limitation on the foregoing, the City will be acquiring the Property solely in reliance upon the City's own inspections, examinations, and evaluations of the Property, and that by accepting delivery of the Deed, the City shall be deemed to represent to the Owners that (a) the City has had the opportunity to examine and inspect the Property to the City's complete satisfaction, and (b) the City has determined that the City is satisfied with the condition, quality, quantity, operation, state of repair, and prospects of the Property, and all other matters concerning the Property, in all respects, and (c) the City has decided that the City is willing to acquire the Property AS -IS, WHERE -IS, and WITH ALL FAULTS, including the physical condition of the Property and any defects thereof, the condition or existence of any above ground or underground structures or improvements in, on, or under the Property, the condition of title to the Property, and any leases, easements or other agreements affecting the Property. The City agrees and acknowledges that no representations or statements have at any time been made by the Owners or any agent of the Owners, as to the condition, quality, quantity, operation, state of repair, or prospects of the Property, or any other matter concerning the Property, in any respect. The owners hereby authorize the City the right to enter upon the property described herein prior to escrow closing this agreement for the purposes of demolition, preparation and inspection. 7. The City shall not assign, transfer or convey its rights or obligations under this Agreement or with respect to any portion of the Property without the prior written consent of the Owners, which consent the Owners may grant or withhold in their sole and absolute discretion. Any attempted assignment, transfer or conveyance without the prior written consent of the Owners shall be void and of no force or effect. 8. Each of the covenants, agreements and representations contained in this Agreement shall survive the closing hereunder and the recordation of the Deed. The Owners and the City shall have any and all remedies available at law and in equity for any breach or default of the covenants, agreements, warranties and representations which survive the termination of this Agreement or the closing hereunder. 9. This Agreement may be executed in any number of duplicate counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement. Dated this —A day of '2000 ANT LLC, a Delaware limited liability Company By: By CITY OF AUBURN eU&)QA00,Q CHARLES A. BOOTH, MAYOR Title: Title: "el-q-,�� — '-Danielle E. Daskam, City Clerk z 4u Le�� Michael J. RLpynolds, City Attorney EXHIBIT A LEGAL DESCRIPTION ANT REMNANT THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON: BEGINNING THE INTERSECTION OF THE SOUTH LINE OF J.M. OGLE'S FIRST ADDITION TO THE TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 95, RECORDS OF KING COUNTY, WASHINGTON AND THE WEST MARGIN OF "A" STREET SOUTHEAST; THENCE SOUTH 02017113" WEST ALONG SAID WEST MARGIN, 74.42 FEET TO A POINT NORTHERLY AND 35.00 FEET FROM CENTERLINE STATION 425+00.43 OF THE NORTHERN PACIFIC RAILWAY AS SHOWN ON THE RIGHT OF WAY PLAT FOR THE SEATTLE LINE OF N.P.R., LOCATED IN KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTH 88047'14" WEST PARALLEL WITH AND 35.00 FEET NORTHERLY FROM THE CENTERLINE OF SAID NORTHERN PACIFIC RAILWAY, 123.57 FEET TO A POINT NORTHERLY AND 35.00 FEET FROM CENTERLINE STATION 426+24.00 OF SAID NORTHERN PACIFIC RAILWAY; THENCE PARALLEL WITH AND 35.00 FEET NORTHERLY FROM THE CENTERLINE OF SAID NORTHERN PACIFIC RAILWAY ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 01012'46" WEST, 681.20 FEET, AN ARC DISTANCE OF 173.80 FEET TO A POINT NORTHEASTERLY AND 35.00 FEET FROM CENTERLINE STATION 428+06.74 OF SAID NORTHERN PACIFIC RAILWAY; THENCE ALONG A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 26°49'25" WEST, 120.60 FEET, AN ARC DISTANCE OF 64.15 FEET; THENCE SOUTH 89006143" EAST PARALLEL WITH AND 20 FEET SOUTHERLY FROM THE SOUTH LINE OF SAID PLAT OF J.M. OGLE'S FIRST ADDITION TO THE TOWN OF SLAUGHTER, 152.36 FEET; THENCE NORTH 00053'17" EAST, 20.00 FEET TO THE SOUTHWEST CORNER OF LOT 5, BLOCK 1 OF SAID PLAT OF J.M. OGLE'S FIRST ADDITION TO THE TOWN OF SLAUGHTER; THENCE SOUTH 89006'43" EAST ALONG THE SOUTH LINE OF SAID PLAT, 99.17 FEET TO POINT OF BEGINNING AND CONTAINING 17,284 SQUARE FEET. 1 of 1 ANT remnant.doc i— z a Q 3S '1S .d. m d A .CI,Ll.20 s > a 0o•se m.ca► g I— e c►ro'o•s2 oc s M a �ZZ —TT N n N (h .Q 1!1 :f o 2 X 1.1.1 G. m r- m 1 G W CI Z CID 1n O N w H N ��► t 3 .LIXG A 7 Ln G% ^ .00'GE WI1,24w, II m rcno IDD °'J co 1 ~ a (D as 2 o N M 7 S f a J W 0 Of 1 m z (n = z a 00•[21 w m ;gym ds•01 / MS '1S N❑ISIAIQ N n g II w II / N Cl) W z 1tl0.�1 ' Y W S PC I ovose I- Li W z a .-. N H A M a LO O N z 1., v v' �o. n x 11 / i ^wg r A a � U Qj LL Li °' o N zoo w m n I0 - ih r, m L7 "Sf / iii L m r J d 1 t p H ox (X W fi — — MS _1S .d. o — I W a fI � �3 Y r d. S 111W !fl W W -+ N l'7 a N �0 N� v/ In F P. 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