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
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