HomeMy WebLinkAbout20070215002017 QUITCLAIM DEED 121406t-f 4 - . 7 7 1
Mail original deed to:
City of Auburn
25 West Main Street
Auburn, WA 98001
III ill 11 il 1111111111111111111111
20070215002017
PACIFIC NU TIT QCD 41.00
PAGE002 OF 010
02/15/2007 15:33
KING COUNTY, WA
E2265909
02/15/2007 15:29
KING COUNTY, UA $10.00
SALE $0.00 PAGE001 OF 001
Said docarwa(S) were fibd for
record by Pacffic Northwest TM9 as
apmmmoda QUITCLAIM DEED exw
l~
90,4 '-W5(ag,
ined to only. rtexxeecudnot onor
as to Ib sffect upon MMe.
THIS INDENTURE, made this I4th day of December 2006, between the UNITED
STATES OF AMERICA, acting by and through the Administrator of General Services
(hereinafter referred to as "GRANTOR"), under and pursuant to the powers and
authority contained in the provisions of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C.§ 101 et seq.), as amended, and regulations promulgated
thereunder, and in consideration of the policy expressed in 40 U.S.C. 553 (b) (2), and the
City of Auburn, a political subdivision of the State of Washington, (herein referred to as
"GRANTEE").
GRANTOR without monetary consideration, but for and in consideration of the
use and maintenance of the property herein described for emergency management
response, including fire use, and for no other purpose, hereby remises, releases and
quitclaims unto the GRANTEE, and to its successors and assigns, all of GRANTOR's
right, title and interest in and to that certain real property formerly owned by the United
States, and commonly known as the 815 Building, located in Auburn, King County, State
of Washington, and is more particularly described as follows:
PARCEL"A"
A parcel of U.S Government land within the northeast quarter of Section 25, Township
21 North, Range 4 East W.M., said parcel being more particularly described as follows:
Commencing at the center of said Section 25 as monumented by an existing brass disc,
from which point the west quarter corner of said section bears North 89°11'20" West,
2599.20 feet distant from which point the South quarter corner of said section bears
South 1°10'46" West 2642.32 feet distant;
Thence North 1°10'46" East a distance of 50.01 feet;
Thence South 89°11'20" East, a distance of 121.20 feet to the beginning of a 603.11 foot
radius curve to the left;
Thence Easterly, along said curve, an arc distance of 336.65 feet, through a central angle
of 31°58'55";
Thence North 58°49'45" East a distance of 547.73 feet to the true point of beginning,
said point lies South 01°10'37" East 5634.74 feet distant from a 6" x 6" concrete
monument on the South margin of an casement for 15th Street Southwest right-of-way
conveyed to the City of Auburn by instrument recorded under recording number
6160979;
Thence North 01'10'37" West a distance of 671.78 feet;
Thence North 88°51'31" East a distance of 333.47 feet;
Thence South 01 °08'29" East a distance of 14.47 feet;
Thence North 88°42'23" East a distance of 527.94 feet;
Thence South 01'17'37" East a distance of 2.58 feet
Thence South 89°06'10" East a distance of 22.29 feet to the South line of said U.S.
Government land and a non-tangent curve, the center of which bears North 68°46'51
West 603.11 feet distant;
Thence Southwesterly along said curve 395.89 feet through a central angle of 37°36'36";
Thence South 58°49'45" West a distance of 724.60 feet to the true point of beginning.
Containing 8.04 Acres
PARCEL B
A parcel of U. S. Government land within the Northeast quarter of Section 25, Township
21 North, Range 4 East W.M., said parcel being more particularly described as follows:
Commencing at the center of said Section 25 as monumented by an existing brass disc,
from which point the West quarter corner of said section bears North 89°11'20" West;
2599.20 feet distant and from which point the South quarter corner of said section bears
South 1°10'46" West 2642.32 feet distant;
Thence North 1°10'46" East a distance of 50.01 feet;
Thence South 89°11'20" East, a distance of 121.20 feet to the beginning of a 603.11 foot
radius curve to the left;
Thence Easterly, along said curve, an arc distance of 336.65 feet, through a central angle
of 31°58'55";
Thence North 58°49'45" East a distance of 547.73 feet to a point which lies South
01'10'37" East 5634.74 feet distant from a 6" x 6" concrete monument on the South
margin of an easement for 15th Street Southwest right-of-way conveyed to the City of
Auburn by instrument recorded under recording number 6160979;
Thence North 01'10'37" West a distance of 671-78 feet;
Thence North 88°51'31" East a distance of 333.47 feet;
Thence South 01°08'29" East a distance of 14.47 feet;
Thence North 88°42'23" East a distance of 527.94 feet;
Thence South 01°17'37" East a distance of 2.58 feet;
Thence South 89°06'10" East a distance of 22.29 feet to the South line of said U.S.
Government land and a non-tangent curve, the center of which bears North 68°46'51 "
West 603.11 feet distant;
Thence Northeasterly along said curve 3.71 feet through a central angle of 0°21'10";
Thence North 88°42'23" East a distance of 158.07 feet to the true point of beginning;
2
Thence North 88°42'23" East a distance of 73.72 feet to the West right of way of "C"
Street Southwest;
Thence South 01 °10'47" East, along said right of way, a distance of 414.25 feet;
Thence North 11'16'27" West a distance of 420.61 feet to the true point of beginning.
Containing 0.35 acres.
HAVE AND TO HOLD the property together with all the privileges and appurtenances
thereto belonging unto GRANTEE'S, their successors and assigns, forever. The property
was both duly determined to be surplus to the needs and requirements of the United
States of America and assigned to the General Services Administration for disposal
pursuant to authority contained in the Federal Property and Administrative Services Act,
as amended, and applicable orders and regulations promulgated thereunder.
This action involves General Services Administration (GSA) Disposal Case No. 9-G-
WA-1233.
RESERVING TO the United States of America a right of access to, and entrance upon,
the above described property upon reasonable notice to the record title owner, in order to
determine compliance with the terms of this conveyance.
SUBJECT TO all covenants, conditions, restrictions, easements, rights-of-way,
reservations and encumbrances, whether or not of record, and any facts which a physical
inspection or accurate survey of the property may disclose. This Property and its
improvements are sometimes collectively referred to herein as the "Property".
GRANTEE by acceptance of this Deed, covenants and agrees for itself, its successors
and assigns, that the Property is transferred on an "as is, where is" basis, without warranty
of any kind, either expressed or implied, including as to the condition of the Property.
The GRANTEE also covenants and agrees for itself, its successors and assigns, that the
GRANTOR has no obligation to provide any additions, improvements, or alterations to
the property.
RESERVATIONS AND REVERTER AFFECTING THE PROPERTY
This quitclaim is made and accepted on the condition that (1) the above described
Property shall be used and maintained for emergency management response, including
fire purposes; and (2) the above described Property shall not be sold, leased, mortgaged,
assigned or otherwise disposed of, except to another local government agency for the
same purposes with the prior consent of the Administrator of General Services
Administration, or his/her successor in function. In the event of breach of any such
condition as to all or any portion or portions of the above described Property by the
GRANTEE, its successors or assigns, regardless of the cause of such breach, all right,
title and interest in and to such portion or portions of the above described Property, in its
then existing condition, including all improvements therein, shall revert to and become
the Property of the United States of America at the option of and upon demand made in
writing by the Administrator of the General Services Administration, or his/her successor
in function. In such event, the United States of America shall have the immediate right-
of-entry upon said Property, and the GRANTEE, its successors and assigns, shall forfeit
all right, title and interest in said Property and in any and all the tenements,
hereditaments, and appurtenances thereunto belonging, and shall take such action and
execute such documents as may be necessary or required to evidence transfer of title to
the United States of America. The failure of the Administrator of the General Services, or
his/her successor in function, to insist upon complete performance of the above
conditions shall not be construed as a waiver or relinquishment of future performance
thereof, but the obligation of the GRANTEE, its successors and assigns, with respect to
such future performance shall continue in full force and effect.
NOTICE OF THE POSSIBLE PRESENCE OF LEAD-BASED PAINT
The GRANTEE is hereby informed and does acknowledge that the building on the
Property and existing on the date of this deed was constructed prior to 1978 and, as with
all such property, a lead-based paint hazard may be present. The GRANTEE shall not
permit the use of any such structures for residential habitation unless the GRANTEE has
eliminated the hazards of lead-based paint by treating any defective lead-based paint
surface in accordance with all applicable laws and regulations. According to the
Consumer Product Safety Commission and the President's Council on Environmental
Quality, lead is a special hazard to small children. The property is being conveyed "as is"
and the GRANTEE shall be responsible for any and all liabilities, damages, loss,
expenses or judgments arising out of or related to health problems which are the result of
exposure to lead-based paint where the exposure occurred after the property was
conveyed to the GRANTEE.
The building was constructed in 1955 as a Federal Fire Station.
ASBESTOS COVENANT
Asbestos containing materials (ACM) are present in the building. GRANTEE
covenants and agrees, on behalf of themselves, their successors and assigns, that in their
use and occupancy of the Property, or any part thereof, they will comply with all
Federal, state and local laws relating to asbestos. GRANTOR assumes no liability for
damages for personal injury, illness, disability or death, to the GRANTEE, or to
GRANTEE's successors, assigns, employees, invitees, or to any other person subject to
the control or direction of GRANTEE, its successors or assigns, or to any other person,
including members of the general public, arising from or incident to the purchase,
transportation, removal, handling, use, disposition, or other activity causing or leading to
contact of any kind whatsoever with asbestos on the Property described in this deed,
whether the GRANTEE, its successors or assigns has or have properly warned or failed
to properly warn the individual(s) injured.
The GRANTEE was provided a copy of the Environmental Site Assessments of the
GSA 815 Building dated February 2003 and December 2003.
PESTICIDES DISCLOSURE
The Grantee is notified that the Property may contain the presence of pesticides that have
been applied in the management of the property. The United States knows of no use of
any registered pesticide in a manner inconsistent with its labeling, and believes that all
applications were made in accordance with the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA -7 U.S.C. Sec. 136, et seq.), its implementing regulations, and
according to the labeling provided with such substances. Furthermore, that in accordance
with the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA - 42 U.S.C. Sec. 9601, et seq.), the use of such substances is not a "release"
(as defined in CERCLA, 42 U.S.C. Sec. 9601 (22) but instead the use of a consumer
product in consumer use (42 U.S.C. Sec. 9601 (9) and the application of a pesticide
product registered under FIFRA for which recovery for response costs is not allowed
(42 U.S.C. Sec. 9607 (i)
CERCLA PROVISIONS
(A) NOTICE Reeardin2 Hazardous Substance Activity. Pursuant to 40 CFR
373.2 and Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (CERCLA)(42 U.S.C.
§9620(h)(3)(A)(i), and based upon a complete search of agency files, the United States
gives notice that no hazardous substances have been released or disposed of or stored for
one year or more on the Property.
(B) CERCLA Covenant. GRANTOR warrants that all remedial action
necessary to protect human health and the environment has been taken before the date of
this conveyance. GRANTOR warrants that it shall take any additional response action
found to be necessary after the date of this conveyance regarding hazardous substances
located on the Property on the date of this conveyance.
(1) This covenant shall not apply:
(a) in any case in which GRANTEE, its successor(s) or assign(s), or any successor in
interest to the Property or part thereof is a Potentially Responsible Party (PRP)
with respect to the Property immediately prior to the date of this conveyance; OR
(b) to the extent that such additional response action or part thereof found to be
necessary is the result of an act or failure to act of the GRANTEE, its
successor(s) or assign(s), or any party in possession after the date of this
conveyance that either:
(i) results in a release or threatened release of a hazardous substance that was not
located on the Property on the date of this conveyance; OR
(ii) causes or exacerbates the release or threatened release of a hazardous
substance the existence and location of which was known and identified to the
applicable regulatory authority as of the date of this conveyance.
(2) In the event GRANTEE, its successor(s) or assign(s), seeks to have GRANTOR
conduct any additional response action, and, as a condition precedent to GRANTOR
incurring any additional cleanup obligation or related expenses, the GRANTEE, its
successor(s) or assign(s), shall provide GRANTOR at least 45 days written notice of
such a claim. In order for the 45-day period to commence, such notice must include
credible evidence that:
(a) the associated contamination existed prior to the date of this conveyance; and
(b) the need to conduct any additional response action or part thereof was not the
result of any act or failure to act by the GRANTEE, its successor(s) or assign(s),
or any party in possession.
(C) ACCESS; GRANTOR reserves the right of access to all portions of the Property
for environmental investigation, remediation or other corrective action. This reservation
includes the right of access to and use of available utilities at reasonable cost to
GRANTOR. These rights shall be exercisable in any case in which remedial action,
response action or corrective action is found to be necessary after the date of this
conveyance, or in which access is necessary to carry out a remedial action, response
action or corrective action on adjoining property. Pursuant to this reservation, the United
States of America, and its respective officers, agents, employees, contractors and
subcontractors shall have the right (upon reasonable advance written notice to the record
title owner) to enter upon the Property and conduct investigations and surveys, to include
drilling, test-pitting, borings, data and records complication and other activities related to
environmental investigation, and to carry out remedial or removal actions as required or
necessary, including but not limited to the installation and operation of monitoring wells,
and treatment facilities. Any such entry, including such activities, responses or remedial
actions, shall be coordinated with the record title owner and shall be performed in a
manner that minimizes interruption with activities of authorized occupants.
CIVIL RIGHTS CLAUSE
GRANTEE covenants for itself, its heirs, successors, and assigns and every successor in
interest to the property hereby conveyed, or any part thereof, that the said GRANTEE
and such heirs, successors, and assigns shall not discriminate upon the basis of race,
color, religion, sex or national origin in the use, occupancy, sale or lease of the Property,
or in their employment practices conducted thereon. This covenant shall not apply,
however, to the lease or rental of a room or rooms within a family dwelling unit; nor shall
it apply with respect to religion to premises used primarily for religious purposes. The
United States of America shall be deemed a beneficiary of this covenant without regard
to whether it remains the owner of any land or interest therein in the locality of the
Property hereby conveyed and shall have the sole right to enforce this covenant in any
court of competent jurisdiction.
The attached Memorandum of Agreement between the General Services Administration
and the City of Auburn is hereby incorporated into this Quitclaim Deed. The
memorandum establishes a process by which the General Services Administration and
the City of Auburn will address issues relating to the severance of this property from the
GSA complex.
IN WITNESS THEREOF, GRANTOR has caused this instrument to be effective as of
12:01 a.m. December 15, 2006.
UNITED STATES OF AMERICA
Acting by and through the
Administrator of General Services
STATE OF WASHINGTON
COUNTY OF KING
Blaine Hastings, irector
Real Property Disposal Office
M
On this day of r VefflPt'~ , 2006, before the undersigned, a Notary Public in and
for the State of Washington, personally appeared Blaine Hastings, to me known to be the
Director, Real Property Disposal Office, Auburn, General Services Administration, and
to me known to be the individual described in and who executed the foregoing instrument
and who under oath stated that he was duly authorized, empowered, and delegated by the
Administrator of General Services to execute the said instrument and acknowledged the
foregoing instrument to be his free and voluntary act and deed, acting for and on behalf
of the Administrator of General Services, acting for and on behalf of the United States of
America, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate above written.
° ib RO U 40
NOTAy(AS
SLIC,
v~Fcy`w-
C; `a
Ndiafy Public in and for the State of
Washington, residing in Milton
t
Commission Expires " 7
ACCEPTANCE: 815 Building and 8.39±Acres
City of Auburn does accept this Quitclaim Deed and by such acceptance agrees to all of
the terms and conditions thereof.
~kday of~~~~ 2006
BY
the City of Auburn
GSA - AUBURN 06-168
LEGAL DESCRIPTION U.S. GOVERNMENT SEVERANCE PARCEL "A" OCTOBER 27, 2006
A PARCEL OF U.S. GOVERNMENT LAND WITHIN THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 25 AS MONUMENTED BY AN EXISTING
BRASS DISC, FROM WHICH POINT THE WEST QUARTER CORNER OF SAID SECTION BEARS
NORTH 89°11'20" WEST, 2599.20 FEET DISTANT AND FROM WHICH POINT THE SOUTH
QUARTER CORNER OF SAID SECTION BEARS SOUTH 1°10'46" WEST 2642.32 FEET DISTANT;
THENCE NORTH 1 01046" EAST A DISTANCE OF 50.01 FEET;
THENCE SOUTH 89°11'20" EAST, A DISTANCE OF 121.20 FEET TO THE BEGINNING OF A
603.11 FOOT RADIUS CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE, AN ARC DISTANCE OF 336.65 FEET, THROUGH A
CENTRAL ANGLE OF 31-58-55";
THENCE NORTH 58°49'45" EAST A DISTANCE OF 547.73 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT LIES SOUTH 01 °10'37" EAST 5634.74 FEET DISTANT FROM A 6" X 6"
CONCRETE MONUMENT ON THE SOUTH MARGIN OF AN EASEMENT FOR 15TH STREET
SOUTHWEST RIGHT-OF-WAY CONVEYED TO THE CITY OF AUBURN BY INSTRUMENT
RECORDED UNDER RECORDING NUMBER 6160979;
THENCE NORTH 01°10'37" WEST A DISTANCE OF 671.78 FEET;
THENCE NORTH 88°51'31" EAST A DISTANCE OF 333.47 FEET;
THENCE SOUTH 01 608'29" EAST A DISTANCE OF 14.47 FEET;
THENCE NORTH 88°42'23" EAST A DISTANCE OF 527.94 FEET;
THENCE SOUTH 01 °17'37" EAST A DISTANCE OF 2.58 FEET;
THENCE SOUTH 89°06'10" EAST A DISTANCE OF 22.29 FEET TO THE SOUTH LINE OF SAID
U.S. GOVERNMENT LAND AND A NON-TANGENT CURVE, THE CENTER OF WHICH BEARS
NORTH 68°46'51"WEST 603.11 FEET DISTANT;
THENCE SOUTHWESTERLY ALONG SAID CURVE 395.89 FEET THROUGH A CENTRAL ANGLE
OF 37°36'36";
THENCE SOUTH 58°49'45" WEST A DISTANCE OF 724.60 FEET T
BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
CONTAINING 350,257 SQ. FT./ 8.04 ACRES.
ARLA-D 5 \PROJECTS\03223\CORRSPNC\GSA SEVERANCE PARCEL A.doc
127 12 I 1 S~ AVenue andng 821,3483
425.821.8448-800.488.0756 Fax x425 425.821.3481
GSA - AUBURN 06-168
LEGAL DESCRIPTION U.S. GOVERNMENT SEVERANCE PARCEL "B" OCTOBER 27. 2006
A PARCEL OF U.S. GOVERNMENT LAND WITHIN THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 25 AS MONUMENTED BY AN EXISTING BRASS DISC,
FROM WHICH POINT THE WEST QUARTER CORNER OF SAID SECTION BEARS NORTH 89°11'20" WEST,
2599.20 FEET DISTANT AND FROM WHICH POINT THE SOUTH QUARTER CORNER OF SAID SECTION
BEARS SOUTH 1"10'46" WEST 2642.32 FEET DISTANT;
THENCE NORTH 1 °10'46" EAST A DISTANCE OF 50.01 FEET;
THENCE SOUTH 89"11'20" EAST, A DISTANCE OF 121.20 FEET TO THE BEGINNING OF A 603.11 FOOT
RADIUS CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE, AN ARC DISTANCE OF 336.65 FEET, THROUGH A CENTRAL
ANGLE OF 31 °58'55';
THENCE NORTH 58°49'45" EAST A DISTANCE OF 547.73 FEET TO A POINT WHICH LIES
SOUTH 01°10'37" EAST 5634.74 FEET DISTANT FROM A 6"X 6" CONCRETE MONUMENT ON THE SOUTH
MARGIN OF AN EASEMENT FOR 15TH STREET SOUTHWEST RIGHT-OF-WAY CONVEYED TO THE CITY
OF AUBURN BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 6160979;
THENCE NORTH 01°10'37" WEST A DISTANCE OF 671.78 FEET;
THENCE NORTH 88"51'31" EAST A DISTANCE OF 333.47 FEET;
THENCE SOUTH 01 °0829" EAST A DISTANCE OF 14.47 FEET;
THENCE NORTH 88°42'23" EAST A DISTANCE OF 527.94 FEET;
THENCE SOUTH 01°17'37" EAST A DISTANCE OF 2.58 FEET;
THENCE SOUTH 89°06'10" EAST A DISTANCE OF 22.29 FEET TO THE SOUTH LINE OF SAID U.S.
GOVERNMENT LAND AND A NON-TANGENT CURVE, THE CENTER OF WHICH BEARS NORTH 68°46'51"
WEST 603.11 FEET DISTANT;
THENCE NORTHEASTERLY ALONG SAID CURVE 3.71 FEET THROUGH A CENTRAL ANGLE OF 0°21'10",
THENCE NORTH 88"42'23" EAST A DISTANCE OF 158.07 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88"42'23" EAST A DISTANCE OF 73.72 FEET TO THE WEST RIGHT OF WAY OF "C"
STREET SOUTHWEST;
THENCE SOUTH 01"10'47" EAST, ALONG SAID RIGHT OF WAY, A DISTANCE OF 414.25 FEET;
THENCE NORTH 11 °16'27" WEST A DISTANCE OF 420.61 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
CONTAINING 15,269 SQ. FT./ 0.35 ACRES.
TRIAD
ASSOCIATES
S:\PROJECTS\03223\CORRSPNC\GSA SEVERANCE PARCEL B.ooc
12112 1 ISo Avenue NE IOrkland, Washington 98034-9623
425.821.8448 800.488.0756 Fax 425.821.3481
vnnro¢tnadassoc.corn