Loading...
HomeMy WebLinkAbout5484ORDINANCE NO. 5 4 8 4 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 THE WELL 5B AND 5C PURCHASE AND SALES AGREEMENT BETWEEN THE CITY AND THE EVERGREEN TUCCI PARTNERS, LLC. WHEREAS, the City of Auburn has been provided the statutory authority to execute the purchase and acquisition of real property of every kind, pursuant to RCW 35A.11.010 and RCW 35A.11.020; and WHEREAS, the City of Auburn has the duty to provide basic utility services, including provision of water, that affect the health, safety, and welfare of the citizens of Auburn; and WHEREAS, the City and the Lakeland Company, Inc., entered into the Lakeland Annexation and Utilities Agreement in June 1996, and entered into the First Amendment thereto in May 1998; and WHEREAS, the First Amendment to Lakeland Annexation and Utilities Agreement provided for the purchase and sale of wells 5b and 5c, including lands and easements; and WHEREAS, The Evergreen Tucci Partners, LLC, is the successor in interest to the Lakeland Company, Inc., including, but not limited to, for the Ordinance No. 5484 December 13, 2000 Page 1 terms and conditions of the First Amendment to Lakeland Annexation and Utilities Agreement; and WHEREAS, the Well 5B and 5C purchase by the City of Auburn is in the best interest of the citizens of Auburn. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Purpose. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute the Purchase and Sales Agreement with The Evergreen Tucci Partners, LLC, and to accept the Restrictive Covenant and all easements necessary to protect the water supply, provide site access, install the water main and appurtenances thereof. A copy of said Purchase and Sales Agreement is attached hereto as Exhibit "1" and incorporated herein by this reference. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the direction of this legislation. Section 3. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being Ordinance No. 5484 December 13, 2000 Page 2 hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. INTRODUCED: December 18, 2000 PASSED: December 18, 2000 APPROVED: December 18, 2000 a"et-� �' �� 0 A;. CHARLES A. BOOTH MAYOR Ordinance No. 5484 December 13, 2000 Page 3 ATTEST: Danielle E. Daskam, City Clerk Michael J. Reynolds, City Attorney PUBLISHED: %a of Ordinance No. 5484 December 13, 2000 Page 4 Exhibit 111" PURCHASE AND SALE AGREEMENT In the matter of the Wells 5B and 5C site — Lakeland Hills project, Parcel No. Seg. Pending, former parcels #s 052006-1-032; 052006-1-031; 052006-1-019 and 052006-4-004. 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 "Owner(s)": WITNESSETH WHEREAS, the City affirms and the Owner(s) agree(s) that the Owner's(s') real property described herein is required by the City for construction of wells associated with the above described project. AND WHEREAS, the City has made a firm and continuing offer to pay the amount of One Hundred Eighty Five Thousand and no/100 Dollars ($185,000.00), for the purchase of the following described real property in Auburn, Pierce County, Washington: Revised Lot 1 of Auburn Lot Line Adjustment recorded under Pierce County Auditor's Fee No. 200006140639; together with the following easements; 1. A one hundred -foot (100') well site Restrictive Covenant and Well Protection Easement as described in Attachment "A". 2. An Easement for Access to said well site as described in Attachment "B". 3. A Water Line Easement as described in Attachment "C". Attached hereto, all of which exhibits are incorporated herein by this reference as though fully set forth. The aforementioned easements when recorded replace existing easements for; 1. Water Wells and Appurtenances easement recorded under King County Auditor's Recording No. 9607260840. 2. Domestic Water System easement recorded under King County Auditor's Recording No. 9607260841. Ordinance No. 5484 Exhibit "1" Page 1 NOW THEREFORE, it is understood and agreed that: I. The Owner(s) will convey the real property by good and sufficient Statutory Warranty Deed, free from all liens and encumbrances of every nature. 2. The City will issue a warrant in the amount of $185,000.00, as stated above, which will be deposited with Chicago Title Insurance Company, Tacoma, Washington office, Attn: Cindy Foley, Escrow Manager/LPO, pursuant to joint escrow instructions to be agreed to by the parties. 3. The City will pay normal costs of closing, such as escrow services, title reports and recording fees. 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 Owner(s) out of the proceeds of the sale. 4. Delivery of this Agreement is hereby tendered. HOWEVER, the terms and obligations hereof shall not become binding upon the City unless and until an Ordinance, authorizing the acquisition is approved by the City Council. Dated this kday of 206x3 Owner(s) EVERGREEN TUCCI PARTNERS LLC By: Lakeland Communities LLC, Manager By: Christopher M. Huss Its: Co -Manager Ordinance No. 5484 Exhibit "I" Page 2 CITY OF AUBURN By: Charles A. Booth, Mayor By: A44L�, C�- ko-�� Danielle E Daskam, City Clerk OVE AS FORM: Michael J. Reynolds, City Attorney STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Charles A. Booth and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated SSiOC. /°l�� o m'r e Print Name T /�')xp-o- A 190.1h e -jl LICNotary Public in and for th tate of �� 9 ° s - c3 •• �,�` Washington, residing at .......... My appointment expires /O - - STATE OF WASHINGTON) )ss. County of Pierce ) I certify that I know or have satisfactory evidence that Christopher M. Huss is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged he is the Co -Manager of LAKELAND COMMUNITIES LLC, Manager of EVERGREEN TUCCI PARTNERS LLC, a limited liability company, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Ordinance No. 5484 Exhibit "1" Page 3 Return Address: City of Auburn City Clerk 25 West Main Street Auburn, WA 98001 Above this line reserved for recording information. Restrictive Covenant and Well Protection Easement Attachment A Well 5B and 5C Reference # (if avolicable): 9607260840 Grantor/Borrower: Evergreen Tucci Partners LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 1/4, 06-20-05E Additional on page: Assessor's Tax Parcel ID#: A.F.N. 200006140639 The Grantor herein is the owner of the following described real estate situated in Pierce County, State of Washington, to wit: Revised Lot 3 and Lot 4 of Auburn Lot Line Adjustment recorded under Pierce County Auditor's Fee No. 200006140639 The Grantee herein, CITY OF AUBURN, owns and operates a well and waterworks supplying water for public use, located upon the following described real estate situated in Pierce, County, State of Washington, to wit: Revised Lot 1 of Auburn Lot Line Adjustment recorded under Pierce County Auditor's Fee No. 200006140639. which well and waterworks is in close proximity to the land of the Grantor, and said Grantee is required to keep the water supplied from said well free from impurities which might be injurious to the public health. It is the purpose of these grants and covenants to prevent certain practices hereinafter enumerated in the use of the said Grantor's land which might contaminate said water supply. Attachment A Page 1 NOW, THEREFORE, in consideration of One Dollar ($1.00) in hand paid and other good and valuable consideration received by said Grantor, the Grantor agrees and covenants that they, their heirs, successors and assigns will not construct, maintain, or suffer to be constructed or maintained upon said land of the grantor and within One Hundred (100) feet of the well herein described, so long as the same is operated to furnish water for public consumption, any potential source of contamination, such as septic tanks and drainfields, sewer lines, underground storage tanks, roads except for access driveways, railroad tracks, vehicles, structures except for existing or future Auburn water utility pumping facilities, barns, feed stations, grazing animals, enclosures for maintaining fowl or. animal manure, liquid or dry chemical storage, herbicides, insecticides, hazardous waste, or garbage of any kind or description unless the activity is directly related to the treatment and/or distribution of the water used for public consumption. See Exhibit "A" - Well Protection Easement. Attached Hereto and By This Reference made Part Hereof. These covenants shall run the land, shall be binding to all parties having or acquiring any right, title, or interest in the land described herein or any part thereof, and shall inure to the benefit of owner thereof. DATED this day of 12000. EVERGREEN TUCCI PARTNERS LLC By: Lakeland Communities LLC, Manager By STATE OF WASHINGTON) )ss. County of Pierce ) Christopher M. Huss, Co -Manager I certify that I know or have satisfactory evidence that Christopher M. Huss is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged he is the Co -Manager of LAKELAND COMMUNITIES LLC, Manager of EVERGREEN TUCCI PARTNERS LLC, a limited liability company, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Attachment A Page 2 November 21, 2000 File #27162/1 EXHIBIT A WELL SITE WELL PROTECTION EASEMENT A PORTION OF LOTS 1, 3 AND 4 OF LOT LINE ADJUSTMENT RECORDED UNDER AFN 200006140639, RECORDS OF PIERCE COUNTY, WASHINGTON, SAID PORTION BEING A PARCEL OF LAND IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON ALSO BEING A CIRCLE HAVING A RADIUS OF 100.00 FEET, THE CENTER OF SAID CIRCLE IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE NORTH 88°34'37" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 1468.39 FEET; THENCE NORTH 11028'56" WEST 469.21 FEET; THENCE NORTH 76°22'03" EAST 105.65 FEET; THENCE SOUTH 67056'24" EAST 59.99 FEET TO THE CENTER OF AN EXISTING WELL AND THE CENTER OF THE AFOREMENTIONED CIRCLE. MFG/kd Legals/27162 W47 Attachment A Page 3 EXHIBIT "A" MAP WELL SITE - WELL PROTECTION LOT #3 V ----PER LOT ADJUSTMENT RECORDED UNDER P.C. A.F.N.200006140639. ► LOT #1(WEU Si TE) ► PER LOT ADJUSTMENT RECORDED 1 UNDER P.C. A.F.N.200006140639. YE 1 N1b� 65. 6999 4 .O. B. Z J J c LOT #4 � PER LOT ADJUSTMENT RECORDED UNDER P.C. A.F.N.200006140639. pex Engin 2601 South 35th, Suite 200 Tocoma, Washington 98409-7479 (253) 473-4494 FAX: (253) 473-0599 EASEMENT GZO SCALE: 1" = 200' 58834 37"E 1468.39' EAST 1/4 CORNER SEC. 6, T.20N., R.5 E.. W.M. Attachment A Page 4 APEX JOB N0.72 162-1 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. EASEMENT Attachment B Access Easement Reference # (if applicable): N/A Additional on page: Grantor/Borrower: Evergreen Tucci Partners, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW '/4, 06-20-05E Additional on page: Assessor's Tax Parcel ID#: A.F.N. 200006140639 For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Evergreen Tucci Partners, LLC, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of ingress and egress, said real property being described as follows: SEE EXHIBIT "A", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Attachment B Page 1 of 4 Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above- described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of 120. EVERGREEN TUCCI PARTNERS LLC By: Lakeland Communities LLC, Manager By: Christopher M. Huss Its: Co -Manager STATE OF WASHINGTON) )ss. County of Pierce ) I certify that I know or have satisfactory evidence that Christopher M. Huss is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged he is the Co -Manager of LAKELAND COMMUNITIES LLC, Manager of EVERGREEN TUCCI PARTNERS LLC, a limited liability company, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Attachment B Page 2 of 4 November 21, 2000 File #27162/1 EXHIBIT A WELL SITE ACCESS EASEMENT A PORTION OF LOT 3 OF LOT LINE ADJUSTMENT RECORDED UNDER AFN 200006140639, RECORDS OF PIERCE COUNTY, WASHINGTON, SAID PORTION BEING A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE NORTH 88034'37" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 1468.39 FEET; THENCE NORTH 11°28'56" WEST 469.21 FEET; THENCE NORTH 76022'03" EAST 105.65 FEET; THENCE NORTH 11028'56" WEST 15.01 FEET; THENCE NORTH 76022'03" EAST 100.07 FEET; THENCE SOUTH 11028'56" EAST 12.85 FEET TO THE POINT OF BEGINNING; THENCE NORTH 75012'06" WEST 384.55 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAY AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION. MFG/kd Legals/27162_W47 Attachment B Page 3 of 4 EXHIBIT "A" MAP WELL SITE — ACCESS EASEMENT LOT #3 PER LOT ADJUSTMENT RECORDED UNDER P.C. A.F.N.200006140639. LOT #1(WELL SITE) PER LOT ADJUSTMENT RECORDED = UNDER P.C. A.F.N.200006140639. Q— O p3� • Z Sj600 E ,0 � SW28� 5 .85 3"E 12 : �2 2�'�. j SCALE: 1" = 200' 76 N 105 .6 `; j �q401, 5� . 0. / Lap / Z r" 01 �°- LOT #4 • PER LOT ADJUSTMENT RECORDED UNDER P.C. A.F.N.200006140639. I ApIRX EngloarAn92 2601 South 35th, Suite 200 Tacoma, Washington 98409-7479 (253) 473-4494 FAX: (253) 473-0599 S8834'37'E 1468.39' EAST 1/4 CORNER SEC. 6, T.20N., R.5 E., W.M. Attachment 8 Page 4 of 4 APEX JOB N0. 27162-1 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. EASEMENT REPLACEMENT Attachment C Waterline Easement Reference # (if applicable): 9607260841 Additional on page: Grantor/Borrower: Evergreen Tucci Partners, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 1/4, 06-20-05E Additional on page: Assessor's Tax Parcel ID#: A.F.N. 200006140639 For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Evergreen Tucci Partners, LLC, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of laying, maintaining, and installing 12" water main AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBIT "A", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Attachment C Page 1 of 5 Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above-described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. This easement replaces and supersedes that easement recorded under recording no. 9607260840 and 9607260841, in Volume of Deeds, records of King County, Washington and is hereby released and abandoned by the City of Auburn. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of , 20 EVERGREEN TUCCI PARTNERS LLC By: Lakeland Communities LLC, Manager By: Christopher M. Huss Its: Co -Manager The City of Auburn has caused these presents to be executed by its City Engineer there unto duly authorized pursuant to Ordinance 5042 on this day of , 20_. City Engineer Attachment C Page 2 of 5 STATE OF WASHINGTON) )ss. County of Pierce ) I certify that I know or have satisfactory evidence that Christopher M. Huss is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged he is the Co -Manager of LAKELAND COMMUNITIES LLC, Manager of EVERGREEN TUCCI PARTNERS LLC, a limited liability company, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Attachment C Page 3 of 5 November 21, 2000 File #27162/1 EXHIBIT "A" WATER LINE EASEMENT FOR WELL SITE A PORTION OF LOTS 3 AND 4 OF LOT LINE ADJUSTMENT RECORDED UNDER AFN 200006140639, RECORDS OF PIERCE COUNTY, WASHINGTON, SAID PORTION BEING A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 6; THENCE NORTH 88034'37" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 1468.39 FEET; THENCE NORTH 11028'56" WEST 469.21 FEET TO THE POINT OF BEGINNING; THENCE NORTH 76022'03" EAST 105.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A" AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION. TOGETHER WITH A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE SOUTH 11028'56" EAST 85.06 FEET; THENCE NORTH 76022'03" EAST 90.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 11°28'56" EAST 84.69 FEET; THENCE NORTH 76°22'03" EAST 403.68 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAY AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION. MFG/kd Legals 7162_W47 Attachment C Page 4 of 5 EXHIBIT "A" MAP WELL SITE — WATER EASEMENT LOT #3 PER LOT ADJUSTMENT RECORDED UNDER P.C. AF.N.200006140639. ► LOT #1(WELL SITE) ► PER LOT ADJUSTMENT RECORDED 1 UNDER P.C. A.F.N.200006140639. � O ► N7b.2203"E i i SCALE: 1" = 200' 1 105.65. n i 0Y E 1416-22 P. 0.6. POINT i z J J LOT#4 PER LOT ADJUSTMENT RECORDED UNDER P.C. A.F.N.200006140639. SEC. 6-20-5E WM 58834377E 1468.39' EAST 1/4 CORNER SEC. 6, T.20N., R.5 E., W. M. P IRX gin ing2 2601 South 35th, Suite 200 Tacoma.' Washington 98409-7479 Attachment C (253) 473-4494 FAX: (253) 473-0599 Page 5 of 5 APEX JOB N0.72 162-1