HomeMy WebLinkAbout4836 RESOLUTION NO. 4 8 3 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE DOCUMENTS FOR THE TRANSFER AND
EXCHANGE OF REAL PROPERTY BETWEEN THE CITY
AND THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION REGARDING PHASE II OF THE
AUBURN ENVIRONMENTAL PARK
WHEREAS, the owner of a piece of property located in the vicinity of 15th Street
Northwest and State Highway 167 and identified by the City of Auburn as Part of its
intended eventual Auburn Environmental Park (Phase II) made some claims against the
City and the State of Washington regarding that property, claiming that the property was
taken by inverse condemnation since storm water run-off mostly coming from
improvements State Highway 167 damaged the utility of his property; and
WHEREAS, particularly since the City was interested in acquiring this property
for the Auburn Environmental Park, the parties, including the City of Auburn and the
property owner, as well as the State of Washington Department of Transportation,
reached an agreement in the resolution of any and all such claims by the owner, which
agreement was approved by the City Council through Resolution No. 4626, passed on
July 19, 2010; and
WHEREAS, in connection with the resolution of the claims, the City was to be
responsible for payment of the agreed-upon price to the owner of the property and the
Department of Transportation was to convey to the City property on the West side of
State Highway 167 and identified by the City of Auburn as part of its intended eventual
Auburn Environmental Park, Phase II; and
Resolution No. 4836
July 3, 2012
Page 1 of 3
WHEREAS, the agreement between the City and the Department of
Transportation was that instead of participating in or contributing to the payment of
monies to the owner, the Department of Transportation would convey to the City certain
property located on the west side of State Highway 167, which conveyance was slated
to occur after the Department of Transportation used that property for wetland mitigation
purposes; and
WHEREAS, in connection with the interests of the City and the Department of
Transportation to have the property conveyed to the City, the Department of
Transportation identified an interest it had in other property owned by the City which it
sought to acquire and for which it was willing to make the conveyance of the property on
the west side of State Highway 167 sooner, rather than waiting until it had used the
property for wetland mitigation; and
WHEREAS, the City and the Department of Transportation negotiated terms
providing for the exchange of properties and related responsibilities, relating to both the
exchange of property to the City for the Auburn Environmental Park and the property to
be acquired by the Department of Transportation, and which responsibilities included
the obligation of the Department of Transportation to pay the City for decommissioning
and removing from service a section City sewage facilities located on the property to be
acquired by the Department of Transportation; and
WHEREAS, the terms of the agreement between the City and the Department of
Transportation are beneficial to the parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4836
Julyl, 2012
Page 2 of 3
Section 1. That the Mayor and City Clerk are authorized to execute the
Agreement and documents providing for the transfer and exchange of real property
between the City and the Washington State Department of Transportation regarding
Phase II of the Auburn Environmental Park in substantial conformity with the documents
attached hereto, collectively marked as Exhibit "A" to this Resolution and incorporated
herein by this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of , 2012.
PETER . LEWIS
MAYOR
ATTEST; e
Danielle E. Daskam, City Clerk
APPROV D AS F RM:
Dani B. Heid,IQ#y Attorn6l
Resolution No. 4836
July 3, 2012
Page 3 of 3
SETTLEMENT AGREEMENT AND AGREEMENT TO
TRANSFER REAL PROPERTY
The State of Washington, acting by and through its Department of Transportation
(Department) and the City of Auburn (City), collectively referred to as the Parties, enter this
Agreement on the date last written on its final page. This Agreement binds the successors,
assigns, subsidiaries, officials, agents, representatives, servants, employees, officers, and sureties
of both Parties.
I. RECITALS
This Agreement is based on the following facts and representations, all of Which the
Parties agree are true:
A. The Auburn Land Company (ALC) owned property, consisting of approximately 28.92
acres, within Auburn's city limits that is located immediately east of SR 167 (a state
limited access highway) and immediately south of 15`s Street NW (a city street). A legal
description of the ALC property is attached as Exhibit A. ALC claimed the Parties were
depositing and trapping water on ALC's property ALC sued the Parties under King
County Superior Court cause number 07-246064-7 KNT
B. ALC's suit sought at least $6,000,000 from the Parties. Both Parties had defenses to
ALC's claims and suit. Neither Party admitted liability
C. Under two separate agreements (collected in Exhibit D), the City paid $75,000 to obtain
dismissal of ALC's lawsuit and ALC released all claims against both the City and the
Department. The City subsequently purchased ALC's property (the ALC property) for
the 2010 King County assessed value of$629,800.00. Exhibit G, attached hereto, is the
real estate purchase and sale agreement for that transaction. The Department did not
contribute any cash to the settlement payment or to the purchase of the ALC property
D. The City granted the Department a drainage easement to drain highway stormwater onto
the ALC property The recorded easement is attached hereto as Exhibit E.
E. The State of Washington owns property, consisting of approximately 58.29 acres, west of
and across SR 167 from the ALC property The property is bordered by West Valley
Highway (a city street), SR 167, and by 15`s Street NW, which connects the other two
roads. A legal description of the state-owned property is attached as Exhibit B. The
State acquired this property for the Department's future highway expansion and to create
environmental mitigation sites when required by nearby Department highway projects.
F The Department has created two environmental mitigation sites on the state-owned
property One mitigation site, consisting of approximately 8.71 acres (319,408 square
feet), has been certified by the agency requiring the mitigation. A legal description of
this mitigation site is attached as Exhibit C-1 The other mitigation site, consisting of
approximately 5.49 acres (239,145 square feet), is in Year 5 of a 10 year monitoring
Page 1 of 11
period and has not yet been certified by the agency requiring the mitigation. A legal
description of this mitigation site is attached as Exhibit C-2. The 5 49 acre site may be
certified in less than the full 10 years. The existing mitigation sites are depicted on
Exhibit C, attached hereto.
G. The Department needs 10.05 acres of the state-owned property for future highway
projects. The approximate boundaries of this reserved 10.05 acres are also depicted on
Exhibit C.
H. Once the Department has established a certified mitigation site, it has used the state-
owned property for the public purpose for which it was acquired. Transfer of a certified
mitigation site reduces the Department's maintenance obligations.
I. The City is creating a large environmental park, consisting of wetlands. The City has
identified both the ALC property and the state-owned property as within the boundaries
of the future park. The City also lacks adequate mitigation land, potentially restricting
new development within the City
J Acquiring the ALC property provided the City with potential mitigation land and added
to the City's environmental park. Transfer of the two mitigation sites from the state-
owned property would also add to the City's environmental park.
K. The Department has authority under RCW 47 12.370 to transfer environmental mitigation
sites to other entities, including local governments, so long as the transferee agrees to
assume all future maintenance and operation obligations in perpetuity
L. As part of a planned improvement to SR 167, the Department needs to acquire
approximately 9.91 acres (431,858 square feet) from an approximately 23.06 acre
(1,004,400 square feet) parcel of City-owned land located west of SR 167, north of SR
18, and east of West Valley Highway That parcel is also known as and is hereinafter
referred to as Department Parcel Number 1-22952. The legal description of the 9.91 acre
portion of Parcel Number 1-22952 that the Department wishes to acquire is attached
hereto as Exhibit H. Parcel Number 1-22952 and the portion of it that the Department
wishes to acquire are also both depicted on a Department Sundry Site Plan, attached
hereto as Exhibit 1.
M. Approximately 34.04 acres (1,482,783 square feet) of the State-owned property is not
being used for existing mitigation projects or being reserved for future highway projects.
The Department has determined that those 34.04 acres are surplus to its needs. The legal
description of this surplus property is attached as Exhibit C-3. Those 34.04 acres are also
depicted on Exhibit C.
N. The just compensation for the 9.91 acre portion of parcel 1-22952 that the Department
wishes to acquire is approximately $789,700. The fair market value of the remaining
34.04 acres of the State-owned land is approximately $680,000. Exchange of the two
properties would provide the City with potential mitigation land and add to the City's
Page 2 of 11
environmental park. The exchange would also provide the Department the land it needs
for its SR 167 highway project.
O. Whether it acquires the 9.91 acres of parcel 1-22952 by purchase or exchange, the
Department would be obligated to pay the cost to relocate a City sewer line located on
those 9.91 acres.
P The Department has authority under at least RCW 47 12.063, RCW 47 12.080, and RCW
47 12.287 to exchange its 34.04 acres for the City's 9.91 acres.
Q. To the extent that this Agreement is not authorized by the statutes governing the
Department's transfer, exchange, or sale of state-owned property, the Department enters
into this Agreement based on its and the Washington State Attorney General's authority
to settle claims against the Department.
R. The Parties entered into the agreements collected in Exhibit D and into this agreement in
part to eliminate the risk of ALC's claims in a way that reduced public expense and that
achieved legitimate public purposes of each Party The Parties also wish to obtain
property needed to fulfill the public purposes of each Party with minimum expenditure of
public funds.
II. TERMS AND CONDITIONS
Now, therefore, in furtherance of the foregoing, for value received, and in consideration
of the following terms and conditions and the attached Exhibits A, B, C, D, E, F, G, H, I, J, and
K, which are incorporated herein by this reference,the Parties agree as follows:
1 In lieu of a cash contribution to the City's payments to dismiss the ALC lawsuit and to
release ALC's claims, the Department agrees to convey by quitclaim deed the two
existing mitigation sites located on the state-owned property described in Exhibit B, but
only on the following terms and conditions:
a. The Department will reserve a drainage easement burdening the transferred property,
Which will substantially conform to the drainage easement included within Exhibit F,
a sample quitclaim deed for transfer of the mitigation sites.
b. The Department agrees to maintain and monitor the 5.49 acre mitigation site until it is
certified by the agency requiring mitigation. The Department will reserve an
easement allowing it access to perform the necessary maintenance and monitoring
until the site is certified.
c. Sole consideration for Department conveyance of the two mitigation sites will be (i)
the City's agreement to forever assume all future maintenance and operation
obligations and costs required to properly maintain and operate each mitigation site
after each is certified; (ii) the City's actions that resulted in dismissal/release of
Page 3 of 11
ALC's claims against the State; and (iii) the City's agreement to fully comply with
Section 2, below
d. Conveyance of each mitigation site will be by quitclaim deed complying with RCW
47 12.370, as now or hereinafter amended. The Department will prepare and send to
the City quitclaim deeds, which will substantially conform to the sample attached as
Exhibit F, for the two existing mitigation sites within 90 days after this agreement is
fully signed, together with copies of the documents creating, permitting, and/or
certifying each mitigation site. The City shall be responsible for any closing,
recording,or filing costs in connection with the said quitclaim deeds.
2. As required by RCW 47 12.370, the City agrees to accept ownership of transferred
environmental mitigation sites by quitclaim deed and, unless the sites, or either of them,
revert(s) back to State ownership pursuant to paragraph 2.e., below, to be responsible in
perpetuity for the maintenance, operation, and preservation of the mitigation sites after
each is certified by the agency requiring mitigation, including all costs associated with
such responsibilities, as follows in paragraphs 2.a. through 2.d. The City agrees that
failure to comply with any provision of this paragraph or of paragraphs 2.a. through 2.d.
will result in reversion of the conveyed mitigation site pursuant to paragraph 2.e.
a. The City may only use and allow others to use each transferred mitigation site as a
mitigation site consistent with preservation of the functions and values of the
particular site identified in the documents creating, permitting, or certifying the site,
as those documents exist on the effective date of this agreement or as they may be
amended, superseded, or replaced in the future with the approval of the responsible
regulatory agency In addition, any new or additional uses must also be approved and
permitted by all applicable regulatory agencies.
b. The City shall comply with the requirements and restrictions included in the quitclaim
deed transferring each mitigation site.
c. The City shall maintain and pay the cost to maintain each conveyed mitigation site in
perpetuity according to all restrictions and requirements as listed in the quitclaim
deed, listed in documents creating, permitting, or certifying each site, as those
documents exist on the effective date of this agreement or as they may be amended,
superseded, or replaced in the future with the approval of the responsible regulatory
agency, and in a manner complying with any other applicable permits, laws and
regulations pertaining to maintenance and operation of each mitigation site.
d. The City understands and agrees that the U.S. Army Corps of Engineers (Corps) will
be monitoring the City's obligations to maintain, operate and preserve the conveyed
mitigation sites, once certified. The Department will notify the Corps when each
mitigation site becomes the City's responsibility If the Corps sends a compliance
notice to the Department instead of to the City, the Department will forward the
notice to the City Should the City of Auburn conduct any activities affecting the
conveyed mitigations sites that violate the Federal Water Pollution Control
Page 4 of 11
Amendments of 1972 (also known as Section 404 of the Clean Water Act) as defined
by CFR 33 Part 326.3, the City of Auburn Will be subject to Regulatory Enforcement
by the Corps under Title 33 Code of Federal Regulations (CFR) Part 326
Enforcement. If, after the Regulatory Enforcement process has concluded, the City is
not in compliance with Section 404 of the Clean Water Act, the mitigation site permit
terms, or any corrective action approved or required by the Corps, provisions of
paragraph 2.e.,below, Will be implemented.
e.
i. The City agrees that should it fail to perpetually use either conveyed
mitigation site to preserve its functions and values as a mitigation site, the
conveyed mitigation site will automatically revert to the ownership of the
State of Washington without cost or further obligation on the part of the
Department.
ii. The City further agrees that should it fail to perpetually maintain and operate
either conveyed mitigation site in a manner that complies with this
Agreement, the quitclaim deed, the Corps, and any documents creating,
permitting, or certifying each mitigation site, as those documents exist on the
effective date of this agreement or as they may be amended, superseded, or
replaced in the future with the approval of the responsible regulatory agencies,
the conveyed mitigation site will automatically revert to the ownership of the
State of Washington without cost or further obligation on the part of the
Department. A failure to so perpetually maintain and operate is established if
it is determined, after conclusion of an administrative process, such as the
U.S. Army Corps of Engineers Regulatory Enforcement process, that the
City's activities are not in compliance With Section 404 of the Clean Water
Act or other applicable law
iii. Should either conveyed mitigation site revert to State ownership under "i" or
"Si" above, the City agrees to quitclaim such mitigation site to the State of
Washington immediately upon request. Should ownership of either or both
mitigation sites revert to the State of Washington, the City will pay any costs
and fees associated with transferring ownership.
f. Should ownership of either or both mitigation sites revert to the State of Washington
under paragraph 2.e. within five years of the City altering the drainage within lands
conveyed under this agreement, then the City Will reimburse the Department's costs
to restore the site and bring it into full compliance with the documents creating,
permitting, or certifying the site; PROVIDED that should the City pay for and obtain
a study prepared by a Department-approved expert that concludes the City's drainage
alteration Was not a cause of the mitigation site non-compliance, then the City is not
obligated to reimburse the Department's costs.
3 The Department further agrees to convey to the City the approximately 34.04 acres of
non-mitigation and non-right-of-way land contained within the larger State-owned
property described in Exhibit B and depicted in Exhibit C in exchange for the City
conveying to the State a fee simple interest in the approximately 9.91 acres of parcel 1-
Page 5 of 11
22952 described in Exhibit H and depicted in Exhibit I, but only on the following terms
and conditions:
a. The Department will reserve a perpetual, non-exclusive drainage easement for storm
and surface water flow and storage over, on, under, and across the transferred
property for the historic and on-going storm and surface water flow or storage caused
by or due to the construction, reconstruction, operation, and/or maintenance of the
adjacent State Route 167 highway, its associated drainage system, and its other
structures, including the Mill Creek conveyance under State Route 167, thus
benefitting the State Route 167 right of way, including the right of ingress and egress
over the transferred property to inspect, and monitor water flow and storage and also
to maintain the 50 foot wide area currently containing a drainage ditch (depicted as a
small dashed rectangle on Exhibit C), PROVIDED, that this easement does not
prohibit the City from altering drainage on the described lands, but only if doing so
does not adversely impact the State's easement, and PROVIDED further that changes
in water flow and storage caused by future Department projects fall within the scope
of this easement to the extent that they are permitted by applicable regulatory
agencies.
b. The City will convey a fee simple interest in its property by quitclaim deed, in a form
prepared by the Department. The State will convey its property by a quitclaim deed
consistent with the statutes authorizing exchange of real property in Chapter 47 12
RCW, in a form prepared by the Department. The Department shall prepare the
necessary deeds within 90 days after this agreement is fully signed. Each Party shall
be responsible for any closing, recording, or filing costs associated with the property
conveyed to that Party Other than as expressly provided herein, the parties accept
the properties conveyed to them"as is."
c. Consideration for each Party's conveyance of real property under this Section 3 will
be (i) receipt of real property from the other Party and (ii) resolution of the lawsuit
referenced above. Consideration for the City's conveyance also includes the
Department's payment of $109,700, the difference in the fair market values of the
two parcels being exchanged. The Department agrees to pay this amount within 30
days after the deed from the City to the Department is recorded.
d. The Department agrees to remove the existing City-owned sewer pipe on the property
the City is conveying to the State and to pay the City $2,067,500 as the cost to install
a new sewer line on non-transferred City-owned property that would otherwise be
damaged by that amount by the loss of the sewer line. Prior to advertising for the
removal work, the Department will submit to the City for review and approval, its
plans and specifications for removal and plugging the sewer. Upon project
completion, the Department will provide the City with as built plans in AutoCAD
electronic format and on Mylar. The City will be responsible for installing the new
sewer line when and where it determines necessary, but not on the land conveyed to
the State.
Page 6 of 11
e. King County has an interest in and a mitigation site on a portion of parcel 1-22952
(depicted in Exhibit 1) not being conveyed to the State. The Department will grant
King County and the City a non-exclusive easement allowing access for necessary
maintenance and monitoring of this existing site. The physical area included within
this easement is shown on Exhibit I.
£ The Department will construct the portion of the access road located on the portion of
parcel 1-22952 being conveyed to the State. The City has constructed the portion of
the road from the eastern edge of the West Valley Highway to the western edge of the
property the City is conveying to the State so as to accommodate an access roadway
aligned with the access easement depicted on Exhibit I and page 2 of Exhibit K. The
Department will construct the connection between the road portions each party has
constructed on the access easement depicted on Exhibit I and page 2 of Exhibit K.
g. The City will grant the Department a Right of Entry, attached hereto as Exhibit K, so
that the Department can connect the access road constructed by the Department to the
portion constructed by the City
h. If the property exchange takes place before the City completes construction of its
West Valley Highway Improvements — SR18 to West Main Street Project, then the
Department will grant a permit to the City of Auburn to allow staging of construction
equipment and storage of materials for that project during the construction of said
West Valley Highway Improvements.. The permit is attached hereto as Exhibit J,
setting forth the terms of and area within the permit. Following the construction of
said West Valley Highway Improvements, the City shall remove any equipment and
materials related to the City's West Valley Highway construction project from the
construction staging/material storage area. The parties agree that the permit does not
obligate the City to perform future site remediation from past practices prior to the
said West Valley Highway Improvements.
4 The City understands and agrees that for any of the state-owned lands to be conveyed
under this Agreement, the Department shall retain ownership all rights of access, light,
view and air between the state-owned lands conveyed and SR 167 The City further
understands and agrees that the City, its successors and/or assigns shall not have any
rights of ingress or egress (to, from and between) the state-owned lands conveyed and SR
167 The City further understands and agrees that the City and its successors and/or
assigns shall not be entitled to any damages for the loss of access, light, view or air in
connection with any construction, reconstruction, operation or maintenance of SR 167
This term shall be contained in all conveyance documents to the City
5. Each Party fully releases and discharges the other from and against any and all claims,
demands, actions, causes of action, obligations, costs, expenses, damages, losses, and
liabilities, of any kind or nature, existing, claimed to exist, or which can hereafter ever arise
out of or result from or in connection with any past, current, or future act, error, or omission
relating to the City's and the Department's actions or inactions claimed to affect ALC's
Page 7 of 11
property in any way, the facts alleged in ALC's previously filed claims for damages, or the
facts alleged in ALC's lawsuit.
6. Any property conveyed to the City or to the Department under this Agreement shall be
conveyed by quitclaim deed to the City or to the Department on an"as is""where is"and
"with all faults" basis. Each party hereby waives and relinquishes all rights and
privileges arising out of, or with respect to, any representations, warranties or covenants,
whether express or implied, which may have been made or given, or which may be
deemed to have been made or given, by the other party or its representatives, except for
those representations, warranties and covenants set forth in this Agreement.
Except to the extent of any representations or warranties set forth elsewhere in this
Agreement, each party has not relied upon and will not rely upon, and the other party
expressly disclaims, any representations or warranties with respect to, and shall have no
liability for- (i)the condition of the property or any buildings, structures or improvements
located thereon or the suitability thereof for habitation, occupancy or for the intended use
of the parties or for any use whatsoever; (ii) any applicable building, zoning or fire laws
or regulations or with respect to compliance therewith or with respect to the existence of
or compliance with any required permits, if any, of any governmental agency; (iii) the
availability or existence of any water, sewer or utilities, any rights thereto, or any water,
sewer or utility districts; (iv) access to any public or private sanitary sewer system; (v)
the fact that all or a portion of the property may be located on or near an earthquake fault
line; or (vi) the presence of any hazardous substances in any improvements on the
property, including without limitation asbestos or formaldehyde, or the presence of any
environmentally hazardous wastes or materials on or under the property Without
limiting the generality of the foregoing, except to the extent of any representations or
warranties set forth elsewhere in this Agreement, each party shall have no liability to the
other party with respect to the condition of the property under common law; or any
federal, state, or local law or regulation, including but not limited to the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 as amended, 42
U.S.C.A. sections 9601 et seq., and the Washington Model Toxics Control Act
("MTCA"), RCW 70.105D Each party hereby releases and waives any and all claims
which the party has or may have against the other party under any of the foregoing laws
or with respect to the condition of the property, except to the extent of any claims the
party may have arising from any express representations, warranties or covenants of the
other party under this Agreement. Each party acknowledges to the other parry that it has
been given the opportunity under this Agreement to fully inspect the property and each
party assumes the responsibility and risks of all defects and conditions, including such
defects and conditions, if airy, that cannot be observed by casual inspection .subject to the
exception of rights expressly set forth above.
7 Once fully executed, this Agreement binds the Parties until all terms and conditions are
met and until each Patty has conveyed the property it has agreed to convey But the
City's obligations regarding maintenance of conveyed mitigations sites, as set forth in
Section 2 and elsewhere in this Agreement, is perpetual and shall not terminate unless the
sites have reverted back to State ownership in accordance with paragraph 2.e.
Page 8 of 11
8. The entire Agreement between the Parties hereto is contained in this Agreement and the
Exhibits hereto; and this Agreement supersedes all previous representations,negotiations,
understandings, or agreements, written and oral, with respect to ALC's claims against the
Parties and with respect to the properties described in Exhibits A, B, C-1, C-2, C-3, and
H. No modification, termination or amendment of this Agreement may be made except
by written agreement signed by those authorized to bind the Parties subsequent to the
date of this Agreement, unless otherwise provided herein.
9 No failure by either Parry to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent
upon a breach thereof shall constitute a waiver of any such breach or any other covenant,
agreement, term or condition. Either Party hereto, by notice, and only by notice as
provided herein may, but shall be under no obligation to, waive any of its rights or any
conditions to its obligations hereunder, or any duty, obligation or covenant of the other
Parry hereto. But neither Party can waive the City's obligations under Section 2; the City
defaults by violating any of those obligations, and title to the conveyed mitigation site
shall automatically revert to the State of Washington.
10. This Agreement may be executed in any number of counterparts, and each such
counterpart hereof shall be deemed to be an original instrument, but all such counterparts
together shall constitute but one agreement. Signatures transmitted by email or facsimile
shall be deemed originals.
11 Each of the provisions of this Agreement has been reviewed and negotiated, and
represent the combined work product of the Parties hereto. No presumption or other
riles of construction which would interpret the provisions of this Agreement in favor of
or against the Party preparing the same shall be applicable in connection with the
construction or interpretation of any of the provisions of this Agreement.
12. This Agreement and the right of the Parties hereto shall be governed by and construed in
accordance with the laws of the State of Washington and the Parties agree that in any
such action, venue shall lie exclusively in Thurston County, Washington. In the event of
any controversy, claim, or dispute arising out of this Agreement, each Party shall be
solely responsible for the payment of its own legal expenses, including but not limited to,
attorneys' fees and costs.
13 No Party to this Agreement shall transfer or assign any right or obligation hereunder
without the prior written consent of the other Party
14. Summary of Exhibits: The following Exhibits are incorporated into this Agreement:
Exhibit A Legal description of former Auburn Land Company property
Exhibit B Legal Description of State Owned Property, including property to be
conveyed to the City and property to be retained by the State
Page 9 of 11
Exhibit C Graphic Illustrating State Owned Property, including property to be
retained as right of way, mitigation sites to be conveyed, and non-mitigation property to
be conveyed
Exhibit C-1 Legal description of 8.71 Acre mitigation site
Exhibit C-2 Legal description of 5.49 Acre mitigation site
Exhibit C-3 Legal description of 34.04 Acre surplus property
Exhibit D Agreements dismissing Auburn Land Company's lawsuit and releasing its
claims
Exhibit E Recorded Drainage Easement granted by City to State over former Auburn
Land Company Property
Exhibit F Sample Quitclaim Deed conveying State mitigation sites to the City and
reserving easements
Exhibit G Purchase & Sale Agreement by which City purchased Property from
Auburn Land Company
Exhibit H Legal Description for Property State is acquiring from City
Exhibit I Department Sundry Site Plan depicting Department Parcel Number 1-
22952, including the portion to be acquired by State from the City
Exhibit J Department Permit authorizing City's temporary use of portion of land
City is transferring to State during City's West Valley Highway Project
Exhibit K Right of Entry granted to Department by City
15. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement shall be in writing. All notices, demands and requests to be sent to a Party
pursuant to the provisions of this Agreement shall be given by personal delivery or by
depositing the same in the United States mail, addressed to such Party, postage prepaid,
regular and certified mail, with return receipt requested, at the addresses set forth below
Such notices, demands or requests may also be transmitted via facsimile, provided that
the provisions of this section are otherwise complied with. All notices, demands and
requests shall be deemed effective and received upon the earlier of actual receipt, whether
served by personal delivery or by certified United States mail,return receipt requested, or
three (3)days after depositing the same into the mail, as established by the postmark date.
By giving to the other Party at least three (3) business days' written notice thereof, the
Parties hereto and their respective authorized successors and assigns shall have the right
from time to time at any time during the term of this Agreement to change their
respective addresses and each shall have the right to specify as its address any other
Page 10 of 11
address within the United States. The present addresses for notice are as follows, and the
Parties also agree to accept service of process at said addresses:
DEPARTMENT
Department of Transportation
Attn: Northwest Region Real Estate Services Manager
15700 Dayton Avenue North
P.O. Box 330310
Seattle, WA 98133-9710
CITY
City of Auburn
Attn: Planning and Development Director
25 West Main Street
Auburn, WA 98001-4916
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year last written below
DEPARTMENT
By Peter B. Lewis B . ohn L. en
Its: Mayor Its: NWR Real E to ervices Manager
Date: JUL -16 2012 Date: / /Z
Page 11 of 11
EXHIBIT A
Legal Description for King County Tax Parcel No. 1221049009, commonly identified as 801
15 Street Northwest,Auburn, WA 98002:
That portion of the Northeast quarter of the Southwest quarter of Section 12,Township 21 North,
Range 4 East, W.M., in King County, Washington, lying west of the Seattle-Tacoma Interurban
Railway, as established by instruments recorded under Auditor's File Nos.214685 and 220487
EXCEPT that portion appropriated by the State of Washington under Stipulated Judgment and
Decree of Appropriation in King County Superior Court No. 718093 on November 24, 1971.
EXHIBIT B
Legal description for the State environmental mitigation and right-of-way
expansion land located west of SR 167, east of West Valley Highway,
and south of 15`" Street NW in or near Auburn, Washington
PARCEL "A"•
The southwest quarter of the southwest quarter of Section 12, Township 21 North, Range 4 East,
W M.,in King County Washington;
EXCEPT portion conveyed to King County for State Aid Road No. 69 (West Valley Highway)
by deed recorded under Recording Number 694367, in King County, Washington;
AND EXCEPT that portion condemned in King County Superior Court Cause Number 718093
for SR 167;
AND EXCEPT that portion conveyed to the City of Auburn for street purposes by deed recorded
under Recording Number 6310375.
PARCEL 'B"•
The northwest quarter of the southwest quarter of Section 12, Township 21 North,Range 4 East,
W.M. in King County Washington:
EXCEPT that part of the west 550 feet lying northerly of the south 615 feet:
AND EXCEPT that portion conveyed to King County for State Aid Road No. 69 (West
Valley Highway) by deed recorded under Recording Number 694383,
AND EXCEPT that portion conveyed to the City of Auburn for street purposes by deed recorded
under Recording Number 6310375;
AND EXCEPT that portion condemned in King County Superior Court Cause Number 718093
for SR 167;
AND EXCEPT that portion conveyed to the City of Auburn by deed recorded under Recording
Number 8112230547
PARCEL"C"•
That portion of the southeast quarter of the southeast quarter of Section 11, Township 21 North,
Range 4 East, W M., in King County, Washington, lying easterly of the easterly margin of SR
181 (West Valley Highway);
EXCEPT that portion condemned in King County Superior Court Cause Number 718093.
EXHIBIT B—page 1
PARCEL "D"-
That part of the west 550.00 feet lying northerly of the south 615. 00 feet of the northwest
quarter of the southwest quarter of Section 12, Township 21 North, Range 4 East,W.M., in King
County, Washington;
EXCEPT that portion conveyed to King County for State Aid Road No. 69 (West Valley
Highway)by deed recorded under Recording Number 694383,
AND EXCEPT that portion conveyed to the City of Auburn for street purposes by deed recorded
under Recording Number 6310375,
AND EXCEPT that portion condemned in King County Superior Court Cause Number 718093
for SR 167;
AND EXCEPT that portion conveyed to the City of Auburn by deed recorded under Recording
Number 8112230547
EXHIBIT B—page 2
I
.:,� M��"if���'u. r�f tt,�;� tt'�•?z'3?'i-,.,rYl s.r"t•. �� 1 7 � �+�i*,� tr t,.'1 ti�^rt�li - <rc r}r�...r
v l,Sth 'S7
rs �tr __ ss-r-z-•--�. `.ax_r�3 i S' ;c° r..p,Y.r. 1 } VHF
�"L } I �f)j[rl""Fn „r _. t1 y-�e�-�._- �7�}.�;7� •.i �....... _.
� �� h (�(fy�J;�F* �'Yt cS�� � �!�('y� T} �{F-j•�.." Ei}� cT �'�� N �ii� .'� ��f' --•�-.
yt,t� of �• Yt(+ T f"'C"y�A' F+ `�,� t r� ",`A"xvi ,S 64,?� 7 . �"f• 1 ,�14 /'^ �a. F r\ i`t 1
-zi�a ) S. s �` :..it♦,lyy� 4't "a i I * s`
IFSS�$] ti7e`i Ftiy�l it 4��i� ' t. ,r
Y 1 ''' ' >•fA a } t r �, c t r �' sI t ! AREA}.,�TO�BE:,RETAINEDW-,t}„
ItdBY� WSDOITRFOR-v, 'f
t ' FUTURE�HIGHWAY'PROJEC�TSI�
;i: t S`•�}„`, '.�, ts' rA4= 'k i afr�,l ' <, , r Iw S (10^OSrACRES) ,l•'a,, `��. it
rd� ( 'i:; r r t ' r t ! 1,•� ,�t'• .,,ter ,�y+ y� �lJ � �.tM�>,h .i�Y�fry'
3� �� �' 1��H � }��H'yn� a•F' £�yt � ��r :7� �..�'1 Yj �i I I'ff.. 1A� ,�,'I'pr )'". L �'4L •. '�T' i"�<'�
5+j�l�t'zrs+�a �' �, 1r'r'• 'F `"a r ` .t t ( t'F ,4f `t �..t ,� r'"�y iti
'♦ � �� u. '�{ dX yy os`
�` v9�,,�� �- at ,!r Kfi,♦ !r'u4 Rai tiTi ) {tY _ , +�.�ot �L fir„ .,,t�,, Y �r 'y
a6`n T h e L s 1 I ,T l''�C ;'Y '♦i 'e3Y \ � i^C �.i.��-1
c l 7."W GY fi .t e ♦ ♦'�
�'�t•'� •2, p1 � �G.L'� �"4.{.a 11L�t Zls)F v. "5r, l�e P1 'ti?.trn � 1�H,a�g�
fyay t 11,;,, k Srli.'l hit5.,�'IV 't'hlti�,[tj (`v�! t�,� �. t 1 ��i��,�,�i ai}fl��`r•�y�$$, tvt3't^r`J.�'��
1I. tl n 3 ie4 " "'•;
S ( t "� '., st+n .�i , k h � l 'Y 't-. �� i
I.tAREA''T0,1,,iBE CONVEYED'.
=f ITOt CITY OFAUBURNrr4a y ', K 1 ` atW
T
tX � I •-� i �} ;ate i"` .� FOR LEGAL vy�F^ iK�}",'1 C1� I CE9� ')�{xN +vH'�' �"" f �r 't` fw�ll(,
;.
_;�W 1FOR�LEGA �`*tiv � \ £.9 ° *r�1 •;i IVY
r r 1EX_HIBIT C2.. }' ;r?oft�4 ry r' f • stx hit_- r 1u s +S C�•"t'!.�'*�" s 't♦- i. 'L4 S 'a. r, �'w
tI l e` C k♦� '! Sys} f , f 1I v r} ♦ r *^I' tree,s.
�wr✓4:cs;.C'+r b L-;I I) r`,'.,3�1+4�v 1 t,,�>-ri�Y I Ra�1N r t Y"i�.f Iw 't( a; r nti Y'{x fa'�,"i A��'W'"t v�a G��:�a� �h i
-A,' 9^ T /r t n Ir} n r 'I :\t}�t 4 K'"a�:'AC''YX•r M"t�vr'�f r��c*�.}�+.y T l'n�t -r'�Ci�I+SSl"tiiN
.fi yuA".
i .{� � �V . y t 'W -,i;��.'il Yt•� "�+��.,rr y�r2r � t I �r�',6�.i7.L .e. ., s 1¢r Y f eif
r � I tn: •���w/t' '+�! ` x x t� r^ 7, �"`.] 4.. {�\../ '�yb t�r a'y �'�,c �
,(,pa , .a�*" lr♦it,r n fy Y 'L3 v r 4. a c rolr.s a at It Ya t' r .ate'
�c .' y� 1 7 .s}�a �^ r v � � �� ' r, •,. �lst ♦ , t n' 4 c� `-iarf�'). t-xv' \AVi'tl^es ly�.�
z MITIGATIONrSITE �4 rFi Pt etF v tY
ti♦i '"r^-
5:49 vAQ E SA '
a a„ah,a (DRAIN?E iE' SEMENT nyF 3i'rk 4 �L� Pt c, i n` tr"t d r9A 'jliq,st `^ak H`u i ,s2 t4 Lt'$r v
R SERVED) e a, t. s•r t� "1>✓l ii 7 tyyA,l
Y �� 14t K>tiE 5 nL�' 17r'��r�t"�a �"'�t� t y� ' ' l�"
44 S
a'L
� � t v} 1 r -n , P ,{{M • 9.,t' ° s f) Y +£a L'� (` lk� t>n�! t''?
,s C. K•VI ubUry dm'n A+,6 '� it >j r S` �qq,,`.� s l �♦ „t
+Ta !� �Tti♦ tt�'� �e � t sh�:�M y^ � ,)I '. a �r S� 'ry�5 tY3+T (t4r+{`� :� v. � > „{��
F �p{ t t �'R, �i ''�♦.yJy� y� f"b, b" �t A y �rq{ e�� �1. z V.+�{'
I f L SDO '"L 51. t UlY' `1 ✓` 1.�' t� Y xi .( }yF `?,.. }�`f I �ty "'si(Y C�. 1 t ~.
WSDOTw'.
{r I ayr h. ,yz 'iu ;' �. Y Lr. I,. tSa•* i'C r, f x b �h� ,
ty. y MITIGATION ti`SIT.}E� •r11 ! r'.. V >{ � t1 �^`„��"x.,' .,��_ n4{-q3`. i':�.,sx,: . .� �^3
t I r ♦ t"\8S71rACRES'L�F:• r1a�'rt L/IagC•` it I,(.
IRESERVED)H „ r ” , I r`�. .-4l ,..,+. 4 i e". / 5 `�.i "AY � vFORriLEGALp� �, ,h,�?{q. z� Ai r � L (t I` Iz
......�j y j"? r DESCRIPTION }rte•.
t /t �.v� �,1SEE iEXH161T�{C1 AI
! 1• + Lis _���'t` �-f...t�.,tQ'I;..{'����Y� t _ •
$.{` �"L's.f/Af7}�$t Y•.•ri t,'1Y rm¢^� r t , i
Rya `f✓ i i�"r ji�i PS-�t.�Y�l tt'd�S�t♦2TYa.3'sq' YP+`ut4•. k
,
. rN,, i
�L yr :.- �-rrLY c i r � .�.�',� ''1, >, r` ! • _ • _ �• _
�{ y��4 4r '.V rk (�si t '� ~32` V ♦,{ • t Y{` \r r� �� .,c Y y�.`�
..>_:,��•sb��w'?:� _.\,?l�`�,. ,u.K±.Yfii?ll c a�+iN Y1'. �y»i� Yf
EXHIBIT C-1
Legal Description of the approximately 8.71 acre (379.408 sf) certified mitigation site. ICN
1-17-09477(southwest parcel; sheet 6)
Those portions of the southeast quarter of the southeast quarter of Section 11, and the southwest
quarter of the southwest quarter of Section 12, all in Township 21 North, Range 4 East, W.M., in
King County, Washington, described as follows:
Beginning at the intersection of the east margin of the West Valley Highway and the south line
of said Section 11, thence northeasterly and northerly along the east margin of said West Valley
Highway to a point opposite Highway Engineer's Station(hereinafter referred to as HES) 579+17
on the SR 167 line survey of SR 167, Auburn: 17th St. SW to S. 285th St., and 1,182± feet
westerly therefrom; thence easterly to a point opposite HES 579+12 on said line survey and
1,013 feet westerly therefrom; thence easterly to a point opposite HES 579+01 on said line
survey and 574 feet westerly therefrom; thence southerly to a point opposite HES 578+47 on
said line survey and 580 feet westerly therefrom; thence southerly to a point opposite HES
577+39 on said line survey and 592 feet westerly therefrom; thence southerly to a point opposite
HES 576+29 on said line survey and 599 feet westerly therefrom; thence southerly to a point
opposite HES 575+13 on said line survey and 600 feet westerly therefrom; thence southerly to a
point opposite HES 574+04 on said line survey and 592 feet westerly therefrom; thence
southerly to a point opposite HES 572+91 on said line survey and 574 feet westerly therefrom;
thence southerly to a point opposite HES 571+72 on said line survey and 575± feet westerly
therefrom, said point lying on the south line of the southwest quarter of the southwest quarter of
said Section 12; thence westerly along said south line to the corner common to Sections 11, 12,
13, and 14, Township 21 North, Range 4 East, W.M., thence westerly along the south line of said
Section 11 to the point of beginning;
EXCEPT that portion conveyed to Halvard Thurmod and Pearl V Thurmod, under King County
Recording No. 6722632.
The lands herein described contain an area of 379,408 square feet, more or less, the specific
details concerning all of which are to be found on sheet 6 of that certain plan entitled SR 167,
Aubum: 17th St. SW to S. 285th St., now of record and on file in the office of the Secretary of
Transportation at Olympia, and bearing date of approval June 12, 1969, as revised.
EXHIBIT C-2
Legal Description of the approximately 5.49 acre(239.145 sf) uncertified mitigation site
ICN 1-17-09476 (middle/west parcel; sheet 6)
Those portions of the southwest quarter of the southwest quarter and the northwest quarter of the
southwest quarter of Section 12, Township 21 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Beginning at a point on the easterly margin of West Valley Highway opposite Highway
Engineer's Station (hereinafter referred to as HES) 579+17 on the SR 167 line survey of SR 167,
Auburn: 17th St. SW to S. 285th St., and 1,182± feet westerly therefrom; thence easterly to a
point opposite HES 579+12 on said line survey and 1,013 feet westerly therefrom; thence
northerly to a point opposite HES 580+21 on said line survey and 1,021 feet westerly therefrom;
thence easterly to a point opposite HES 580+12 on said line survey and 763 feet westerly
therefrom, thence northerly parallel with said SR 167 line survey to a point opposite HES
581+68 thereon; thence northwesterly to a point opposite HES 583+29 on said line survey and
917 feet westerly therefrom; thence northerly to a point opposite HES 585+49 on said line
survey and 916 feet westerly therefrom; thence northeasterly to a point opposite HES 585+97 on
said line survey and 802 feet westerly therefrom; thence northwesterly to a point opposite HES
587+01 on said line survey and 860 feet westerly therefrom; thence southwesterly to a point
opposite HES 586+37 on said line survey and 1,188 feet westerly therefrom, said point being on
the easterly margin of the West Valley Highway; thence southerly along said easterly margin to
the point of beginning.
The lands herein described contain an area of 239,145 square feet, more or less. the specific
details concerning all of which are to be found on sheet 6 of that certain plan entitled SR 167,
Auburn: 17th St. SW to S. 285th St., now of record and on file in the office of the Secretary of
Transportation at Olympia, and bearing date of approval June 12, 1969, as revised.
EXHIBIT C-3
Legal Descriotion of the approximately 34.04 acre(1,482,783 sf)surplus State property,
ICN 1-17-08645 (east/north parcel; on sheets 6 and 7)
Those portions of the southwest quarter of the southwest quarter and the northwest quarter of the
southwest quarter of Section 12, Township 21 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Beginning at a point on the easterly margin of West Valley Highway opposite Highway
Engineer's Station (hereinafter referred to as HES) 579+17 on the SR 167 line survey of SR 167,
Auburn: 17th St. SW to S. 285th St., and 1,182± feet westerly therefrom; thence easterly to a
point opposite HES 579+12 on said SR 167 line survey and 1,013 feet westerly therefrom, said
point being the True Point of Beginning; thence easterly to a point opposite HES 579+01 on said
SR 167 line survey and 574 feet westerly therefrom; thence southerly to a point opposite HES
578+47 on said SR 167 line survey and 580 feet westerly therefrom; thence southerly to a point
opposite HES 577+39 on said SR 167 line survey and 592 feet westerly therefrom; thence
southerly to a point opposite HES 576+29 on said SR 167 line survey and 599 feet westerly
therefrom; thence southerly to a point opposite HES 575+13 on said SR 167 line survey and 600
feet westerly therefrom; thence southerly to a point opposite HES 574+04 on said SR 167 line
survey and 592 feet westerly therefrom; thence southerly to a point opposite HES 572+91 on
said SR 167 line survey and 574 feet westerly therefrom; thence southerly to a point opposite
HES 571+72 on said SR 167 line survey and 575f feet westerly therefrom, said point lying on
the south line of the southwest quarter of the southwest quarter of said Section 12; thence
easterly along said south line to the westerly right of way line of SR 167, said point being
opposite HES 572+13.85 on said SR 167 line survey and 165 feet westerly therefrom; thence
northerly along said westerly right of way line to a point opposite HES 583+00 on said SR 167
line survey and 165 feet westerly therefrom; thence northwesterly to a point opposite HES
587+00 on said SR 167 line survey and 215 feet westerly therefrom; thence northwesterly to a
point opposite HES 592+00 on said SR 167 line survey and 455 feet westerly therefrom; thence
northwesterly to a point opposite HES (15th St. NW)5+50 on the 15th St. N.W Ext. line survey
of said Highway and 370 feet southerly therefrom; thence northwesterly to a point opposite HES
(15th St. NW)1+37±on said 15th St. NM Ext. line survey and 192.32 feet southerly therefrom,
said point lying on the easterly margin of the West Valley Highway; thence southerly along said
easterly margin to a point opposite HES 586+37 on the SR 167 line survey of said Highway and
1,188 feet westerly therefrom; thence northeasterly to a point opposite HES 587+01 on said SR
167 line survey and 860 feet westerly therefrom; thence southeasterly to a point opposite HES
585+97 on said SR 167 line survey and 802 feet westerly therefrom; thence southwesterly to a
point opposite HES 585+49 on said SR 167 line survey and 916 feet westerly therefrom; thence
southerly to a point opposite HES 583+29 on said SR 167 line survey and 917 feet westerly
therefrom; thence southeasterly to a point opposite HES 581+68 on said SR 167 line survey and
763 feet westerly therefrom; thence southerly parallel with said SR 167 line survey to a point
opposite HES 580+12 thereon; thence westerly to a point opposite HES 580+21 on said SR 167
line survey and 1,021 feet westerly therefrom; thence southerly to the True Point of Beginning.
Exhibit C-3 —page 1
The lands herein described contain an area of 1,482,783 square feet, more or less, the specific
details concerning all of which are to be found on sheets 6 and 7 of that certain plan entitled SR
167,Auburn: 17th St. SW to S. 285th St.,now of record and on file in the office of the Secretary
of Transportation at Olympia, and bearing date of approval June 12, 1969, as revised.
I
Exhibit C-3 —page 2
I
EXHIBIT D
AGREEMENT FOR SETTLEMENT
OF LAWSUIT WITHOUT PREJUDICE
This AGREEMENT (this "Agreement') is entered into as of the day of
, 2010, by and between the CITY OF AUBURN, a Washington
municipal corporation (hereinafter the "CITY'),_ the STATE OF WASHINGTON, a
sovereign political entity (hereinafter the "STATE"), and THE AUBURN LAND
COMPANY, a Nevada Limited Partnership(hereinafter the"PROPERTY OWNER'.
RECITALS
A. The PROPERTY OWNER is the owner of certain real property described
as follows:
The real property and all improvements thereon located in the City of Auburn, County of
King, Washington, at the common address of 801 15th Street Northwest, Auburn,
Washington (King County Tax Parcel No. 1221049009) which is legally described as
follows ("Property"):
The northeast quarter of the southwest quarter of Section 12,Township 21
North, Range-4 East, W.M., in King County, Washington;
EXCEPT that portion condemned for State Highway under King County
Superior Court Cause Number 718093 and conveyed to the City of
Auburn by Governor's Deed recorded under King County Recording
number 7402270280;
AND EXCEPT portion for Railroad Right of Way as established by
instruments recorded under Auditor's File Nos. 214885 and 220487
B. PROPERTY OWNER filed a lawsuit against the CITY and the STATE;
alleging inverse condemnation of the above-described Property The parties have
reached an agreement whereby the lawsuit, and all claims against the CITY and the
STATE, shall be dismissed pursuant to an agreement between the parties whereby the
CITY shall pay to the PROPERTY OWNER $75,000.00 as full and complete
compensation for the settlement of the lawsuit.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, PROPERTY. OWNER, STATE
and CITY hereby agree as follows:
1 Settlement of Lawsuit. The PROPERTY OWNER, the STATE and the CITY
agree that upon the payment by the.CITY to the PROPERTY OWNER of $75,000.00,
the parties shall execute and file with the Court a Stipulation and Order of Dismissal
.___.__---------- -
AGREEMENT FOR SETTLEMENT OF LAWSUIT WITHOUT PREJUDICE
Page 1 of3
EXHIBIT D —page I
Without Prejudice and without Costs in King County Superior Court Cause No. 07-2-
16064-7 KNT The parties further agree that-thereafter they shall promptly take any
such steps as necessary to remove any encumbrances or clouds from the legal title of
the property relating to said lawsuit.
2. Notices. All notices, demands and other communications required or permitted
to be given hereunder shall be in writing, and shall be sent by personal delivery
(including by means of professional messenger or courier service) or registered or
certified mail, postage-prepaid, return-receipt requested. Notice shall be deemed to
have been given if personally delivered, upon receipt, and if sent by mail, three (3) days
after duly deposited in the U.S. Mail. The parties' respective addresses for notices are
as follows:
If to CITY. With copies to:
City of Auburn City Attorney's Office
Human Resources Department City of Auburn
25 West Main Street 25 West Main Street
Auburn,WA 98001-4998 Auburn, WA 98001-4998
Attn: Director of Human Resources Attn: City Attorney
If to PROPERTY OWNER: With copies to:
Auburn Land Company Steven A. Reisler
Attn: Donald Dombrowski, MD Attorney at Law
7545 Spanish Bay Road 4500 Sand Point Way NE Ste 250
Las Vegas, Nevada 69113 Seattle,WA 98105-3941
If to STATE: And to:
Washington State Dept, of Transportation Washington State Dept, of Transportation
Attn: NW Region Real Estate Services Manager Attn: Director of Enterprise Risk Management
15700 Dayton Avenue North P.O. Box 47418
P.O. Box 330310 Olympia, WA 98504-7418
Seattle,WA 98133-9710 it
Notice of change of address shall be given by written notice in the manner detailed in
this Section 2.
3. General. This Agreement may be modified only in writing, signed by CITY,
STATE, and PROPERTY OWNER. Any waivers hereunder must be in writing. No
waiver of any right or remedy in the event of default hereunder shall constitute a waiver
of such right or remedy in the event of any subsequent default. This Agreement shall
= be governed by the laws of the State of Washington. This Agreement is for the benefit
only of the,parties hereto and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns.of the parties hereto. The invalidity
or unenforceability of any provision of this Agreement shall not affect the validity-or
enforceability of any other provision hereof. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall
AGREEMENT FOR SETTLEMENT OF LAWSUIT WITHOUT PREJUDICE
Page 2 of.3
EXHIBIT D —page 2
constitute one and the same instrument. Signatures transmitted by email or facsimile
shall be deemed originals.
4. Each of the provisions of this Agreement has been reviewed and negotiated, and
represent the combined work product of the Parties hereto. No presumption or other
rules of construction which would interpret the provisions of this Agreement in favor of
or against the Party preparing the same shall be applicable in connection with the
construction or interpretation of any of the provisions of this Agreement,
5. Attorneys' Fees. In the event suitor action is instituted to Interpret or enforce the
terms of this Agreement, the prevailing party therein shall be entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys'fees, including
fees incurred at trial, on any appeal and in any petition for review.
6. City Council Approval. The signature of the Mayor of the City of Auburn hereon
binds the City of Auburn herein and acknowledges the approval of the City Council of
this Agreement.
SIGNED in duplicate original as of the date first above written.
CITY F - THE AUBURN LAND COMPANY
By
Peter ewis-,Abli m Mayor Name
Title
ATTE�ST� ( /� STATE OF WASHINGTON
Danielle E. Daskam,Auburn City Clerk J n Jeri en, NW Region RES Mgr
Washi ton State Dept of Transportation
qoM Milton, Enterprise Risk Mgt. Dir.
Washington State Dep't of Transportation
APPROVED AS TO FORM: APPROVED AS TO FORM:
Daniel B.Held,Auburn City Attomey Ian A..Northrip,WSBA#21405
Assistant Attorney General
_,.----------------
— --
AGREEMENT FOR SETTLEMENT OF LAWSUIT WITHOUT PREJUDICE
Page 8 of 3
EXHIBIT D —page 3
Jui 09 10(14 5sp p•2
aorvsm to one MW 1HS My hisfiurnaovt. Slgnelures (mnslnkiad try email or facsimile
shell be deemed originals.
4. Ell ch of the provitiorre of flu Agreement has b t"MVawad aud n agalialed,and
represent the tuntined work prodltct of the PstUes hatelo. NO presumPWn or other
rulss of canstrudmn wMCh Wrauid_7nlerprsl they praWdons df this Agreerrrnnl it favor or
or upainst the Phrly Preparing live Wr ho sbal-ho e#npFesbta.in-rPrsneGtpn with the
construction cr Inkrprelatlon of any girths prmrleions aft is Agreament
e. Aitub uys'Fees. In ilia swat suit x eclion Is lnsWutad to Interpret or errfarne 9%
W"st 110 Agtftmerrt,Ihes 17"WMlrrg Partylheretn shag tra entitled to recover fr mr the
otltai party siickr Sum 08 tho Covet FOW adjudge reasonable as'aRCrneys'fees,Including
tees Incum r!at trial„2n any apPial and In any OwMan far mvlaw.
G, City CoUndi Approval. The aignalufe of the Mayor Of•the City m Auburn hereon
WKIS the Cky of A 4jtiwn herein and aekwMedda the apprnyel or ttre city CdlrMl of
this A,gm mr t
SIGNED In duplWa or%Kne i as of thodato Brst above wdden-
Cy THE APURN WO COMPAW
P `&. Levels,Auy(trn Mayor By
Name J: '"Pao
Toler
ATTEST STATE WASHINGTON
&IM Atdmm C John•Jaesen,KW Region RES Mgt
Wrshkrgtan 9tsao M40 of Tramepdrimlan
2rrt Mmleq Enterprise Risk Mgt, Mr.
�ft9�awe MP't 0Trta ticn
OPROVED ASTOFORM: APPROVED As ToFORV,
r-^
+(
*Oenlieid.AubumC: rl-toumy Ion woohrip,lhfSBA#21JOS
A981ktardAttorney General
AGREEWV47 FOR 8ErREmBrol;IAv6Pup 3 orS WTV17tryT PrEprCQ
-
EXHIBIT D —page 4
AJ CITY OF
:u Peter B. Lewis, Mayor
WASHINGTON 26 West Main Street#Aubum WA 96001-4998 #www.-aubumwa.gov*263.931-3000
July 8, 2010
Donald Dombrowski, MD
Auburn Land Company
7545 Spanish Bay Road
Las Vegas, Nevada 89113
Steven A. Reisler
Attorney at Law
4500 Sand Point Way NE Ste 250
Seattle, WA 98105-3941
Re: Letter of Understanding
Gentlemen:
This letter communicates the City of Auburn's commitment to purchase the Auburn Land
Company property described in the purchase and sale agreement included with this letter,
and the Citys commitment to conclude the sale in accordance therewith. Once the property
is no longer encumbered by King County Superior Court Cause No. 07-2-16064-7 KNT, the
City is not aware of any remaining contingencies that would prevent closing of the purchase
and sale agreement. In order to ensure dismissal of the lawsuit, which benefits the City and
the State, and to ensure payment of the full purchase price,which benefits the Auburn Land
Company, all three parties agree, by their signatures below, to the additional settlement
terms contained in this letter
The parties had originally approached the purchase and sale of the property as part of a
settlement of the lawsuit involving the same property However, it is advantageous for the
City of Auburn to settle the lawsuit before closing the purchase and sale to clear the
property's title. This letter is provided to induce the Auburn Land Company to settle the
lawsuit and close the sale of the property to the City separately The City will comply with
both the settlement agreement and the real estate Purchase and Sale Agreement. The City
has concluded its due diligence and waived any objections to title, other than the
encumbrance of the lawsuit; after the lawsuit is dismissed and no longer appears as an
encumbrance on the title, the City will have the funds to purchase the property and will
close as soon thereafter as reasonably possible. You may rely on the representations in this
letter as a commitment by the City to purchase the property as described In the Purchase
and Sale Agreement, made with the concurrence, authority and approval of the Auburn City
Council.
The City of Auburn intends to include the property in its Auburn Environmental Park.
Additionally, the City and the Washington State Department of Transportation are
negotiating agreements, and have every intention of Implementing such agreements, that
will ultimately transfer to the City environmental mitigation sites owned by the State, after
those sites are certified by the agency requiring mitigation. The land the State will transfer is
within a parcel generally bordered on the East by SR 167, on the West by SR 181, and on
EXHIBIT D —page 5 AUBURN*MORE THAN YOU IMAGINED
Letter of Understanding
To:Donald Dombrowski,MD
And To:Steven A Relsler
July 8,2010
Page 2 of 3
the North by 15th Street NW, this transfer is specified with more particularity in the
agreement between the City and the State. in connection therewith, upon concluding its
purchase of the Aubum Land Company property, the City of Auburn shall convey to the
state Department of Transportation a drainage easement on the former Auburn Land
Company property If the City does not complete its purchase of the Auburn Land Company
property,the State will have no obligation to transfer the above-referenced land.
The City will conclude the purchase as soon as possible after the property's title report no
longer refers to the lawsuit as an encumbrance, and you shall be entitled to enforce in court
your right to conclude the sale should the City fail, for any reason, to complete the
purchase.
It is further agreed and understood that the dismissal of the lawsuit shall be without
prejudice, but Auburn Land Company may re-file it only if the City fails to close the property
purchase. Upon dismissal without prejudice, all of Auburn Land Company's claims and all of
the City and State's defenses or counter-claims currently set forth in the lawsuit or presently
related thereto shall be tolled from the time of such dismissal until the lawsuit is re-filed,
should that occur as a result of the parties' failure to conclude the agreements between
them, so that the parties are in the same position with respect to the claims and defenses
as they would have been had the lawsuit not been dismissed. But it is further agreed and
understood that when the City closes its purchase of the Auburn Land Company property,
Plaintiff agrees to forever give up and release its right to re file the lawsuit.
It is understood and agreed by the parties that upon the City closing the purchase of the
Auburn Land Company property as agreed and the separate payment of the $75,000
referenced in the parties' Agreement Settling Lawsuit Without Prejudice (which $75,000
dollar payment will be made.Immediately upon execution by all parties of the settlement
agreement), Auburn Land Company also fully releases and forever discharges the City and
the State from and against any and all past, present or future claims, demands, actions,
rights, causes of action, obligations, costs, expenses, damages, losses, and liabilities, of
any kind or nature whatsoever, based on tort, contract, civil rights law, the legal theories
raised in the dismissed cause, or other theory of recovery, including, but not limited to,
claims under 42 U.S.C. § 1983, existing, claimed to exist, or which can hereafter ever arise
out of or result from or in connection with any past, current, or future act, error, or omission
relating to Auburn Land Company's ownership of the property, the Citys and the State's
actions or inactions claimed to affect the property in any way, the facts alleged in the
Auburn Land Company's previously filed claims for damages, or the facts alleged in the
above-described lawsuit. This release fully protects and fully binds the officials, agents,
servants, employees, stockholders, representatives, sureties, attorneys, predecessors,
successors, and assigns of the City, State, and Auburn Land Company, and all other
persons, firms, or corporations with whom any of the former have been, are now, or may
hereafter be affiliated.
EXHIBIT D —page 6
Letter of Understanding
To:Donald Dombrowski,MD
And To:Steven A Reisier
July 8,2010
Page 3 of 3
If this is acceptable, please sign where indicated below and return a copy to me. By cc'ing
the State Department of Transportation, I am also asking for their concurring signature
hereon as well.
Sincere ,
Pe r B. Lewis, Mayor
City of Auburn
Reviewed and approved as to form:
'rte
Dan I , ity Attorney
City of Auburn
cc: Washington State Dept. of Transportation Transportation and Public Construction Division
NW Region Real Estate Services Manager Washington State Attorney General's Office
15700 Dayton Avenue North P.O. Box 40113
P.O. Box 330310 Olympia,WA 98504-0113
Seattle,WA 98133-9710
THE AUBURN LAND COMPANY STATE OF WASHINGTON
DEPT OF TRANSPORTATION
By By �r�- o1
Name Name ai IP-Pg-# S_ ;Zed
Title Title A—
Date Date 71Zg1 9/7
STATE OF WASHINGTON
DEPT OF TRANSPORTATION
By C.
Nam f4A G . M1LrrolsJ
Title b i n arA'1 - Q ilv(2 YV)
V' 9
Date 10
A
r
EXHIBIT D —page 7 Z12— A. AAc, OZ110
r -
LatkMOf W'ad�era�
TO!Mmrd combmww,MD
MdTw8hmnA Ftl3d4
Jury 0.iP1Q
pa asof3
Ihb ale OepoAttwA t orTm tpodatloms�am a�awn0 foi thair 0ott1M'tinp 9gnature
h ereoe as wall.
tm�
Cly of Auhwn�MdyO
[ ReOe-nduWapprowd"tofaml:
Da of sid,City Altorrey
C4 of AL tt rn
cm VV"hfnpron.smm Oept orr qpl Trm%pwwlkp and pubtk conatrucBw 0jv1917P
mfv ftbrl Raw rib A+sorocim16umnar VA99*plo $Wba Atbxilay OOrultirsfalAoa
187)CDay1m,Ay"Lke uwth P.9.9[a44119
Su 64x A See _ OJ Mpla.WA W=4.Di1a
Bid11Y;,WA 6ei33&710
THE AUBURN LAME CLAW STATE OF WASHMTON
DEPT OF'TRANSPORTAMON
By
Name d It J'` .,�'t-0yJ;I
TFltr G'Pwi /?
Nam
70Ne
Ddta� . ! f d3 Dais
STATE OF WASHINGTON
DEPT OF rRAMPQRTATION
By
Mania
Tiw
D
EXHIBIT D —page 8
EXHIBIT E
I
After recording return document to:
State of Washington
Department of Transportation �� �1 WII�1��ppp91 AAA
Real Estate Services Office
P O Box 47338 2 1 qq 99)20®®R q
pmctFxc nu rar eas 65.00
Olympia WA 98504-7338 vasa-m0i oK ema
'5/;2[2011 08:25
K14� WUnTr, WP
EASEMENT BEIN G RE-RECORDED TO CORRECT LEGAL DESCRIPTION
AND TO ADD GRANTEE'S ACCEPTANCE BLOCK
Document ride: Drainage Easement
Reference Number of Related Document: 20101222000117
Grantor- City ofAuburn i
Grantee: State of Washington,Department of Transportation
Legal Description: Ptn NE%SIN/,of Section 11, T21N, R4E, W.M.,King County
Additional legal description is on pages 1 of document.
Assessor's Property Tax Parcel Account Number. 1221049009
fto i
Maid by P�Fla ed M*u i
aecatm odnftn only. It rM not boar
SR 167,Auburn: 17th St.SW to S.285th SL wuurkmd as to proper axnuga so
Sheets 6 and 7 m m umdbaet u®mrti�,,as
Parcel No. 1-6457
I
Ir
EXHIBIT E —page 1
{
20101222006r17--�°eor�u�zEas sz.ee
1 /ZOra-0 '
AFTER RECORONG RETURN TO: K e01/aTY
wasNagron S„"Dcpanm afTrenapertation
Ame Norarrert Region Real;f_T SeM¢s 1Hmi W
{
137 &=North
P.O.Boa 330310
St 14 WA 98133.9710
DRAINAGE EASEMENT
The GRANTOR CITY OF AUBURN,a municipal corporation of the State of Washington,
for and in consideration ofthe settlenien[of King County Superior Court Case Number07-2-16064
7 and of the benefits conferred by the settlement agreements bet a the City ofAubum,the Stare of
Washington,and the Auburn hand Company, grant and convey to the GRANTEE STATE OF
WASHINGTON, a sovereign political entity, Department of Transportation, and its assigns, a
perpetual,non-exclusive easemcnt for storsm and surface water flow and storage over,on,undo,and
across the real property described below for the historic and on-going storm and surface water flow
or storage caused by or due to the construction,reconstruction,operation,and/"mainOmance ofthe
adjacent State Route 167 highway,its associated drainage system,and its other structures,including
the Mill Creek conveyance under State Route 167,thus benetitii g the State Route 167 right of way.
Together with the right of ingress and egress over the real property described below to inspect,
monitor,and maintain water flow and storage.
Said real property being located at vol 15th Street Northwest,Auburn, WA 98002,identified es
King County Tax Parcel N0.4221049009,legally described as follows:
The Northeast Quarter(N*A) of the Southwest Quarter(SWYa) of Section 12,
Township 21 North,Range 4 East,W.K.in King County,Washington.
that portion condemned for State Highway under King County Superior Court Cause
Number 718093 and conveyed to the City of Auburn by Governor's Deed recorded
under King County Recording number 7402270290. AND EXCEPT portion for
Railroad Right of Way as established by instruments recorded under Auditor's File
Nos.214685 and 220487 '
situated in the County of King,State of Washington. EXCISE TAX NOT REQUIRED
Jana 139.Ramrda MAWM
EASEMENT Page 1
i
1
EXHIBIT E — page 2
Dated this .v��day of �LCGs+..�.[i-J ,20 Iv
RANT
Peter B. ,Aublan Mayo
Danielle Daskam,Auburn City Clerk
STATE OF WASHINGTON )
):as
COUNTY OF KING )
ON THIS��day Of b! _2l)/-0, before me,personally appeared
Peter B.Lewis and Danielle Daskent,to me known to be the Mayor and City Clerk,respectively,of
the Graatotq the MunicW corporation that executed the within and foregoing instrument, and
acknowledged said insirurncm to be the free and voluntary as and deed of said corporation,for the
uses and Pttrpoaes therein mentioned,and on oath stated that they were authorized to execute said '
Instrument.
WITNESS my hand and official seal hereto the day and year in this certificate first above written.
.oa\...wtlly
1 � Notary Oublic, in n a0d apd for of Washidgton,
residing at Aft .t..P^ ego _
,.'n. MY Appointment Expt !!,3 1-9• r t
Accepted and Approved
STATE OF WASHINGTON,
Department ofoff/Transpo/rLt�]C�ytion
SyOnn L Jensen, Nort west n�ion Re—T-
EASEME Tpgge2 lWl Estate Services Manager
Date
cc
cc
EXHIBIT E —page 3
i
Me ry ntv no set%im
ssmwof'�W x ro
hm tom,
wroe ¢ nn�on° ma a
the
nty
c ate
EXHIBIT E —page 4
AFTER RECORDING RETURN TO- EXHIBIT F
ATTN REAL ESTATE SERVICES
DEPARTMENT OF TRANSPORTATION
P O BOX 47338
OLYMPIA, WA 98504-7338
Document Title: Quitclaim Deed
Reference Number of Related Document: N/A
Grantor: State of Washington,Department of Transportation
Grantee: City of Auburn
Legal Description: Attached as Exhibit [Insert either "C-1"or"C-2" and attach appropriate
description]
Assessor's Tax Parcel Number: ptn 122104-9012(for 8.71 acre parcel—C-1)
ptn 122104-9011 and 122104-9012 (for 5.49 acre parcel—C-2)
(copy/pasteldelete tax parcel numbers from one deed to another. Delete,reference to size)
QUITCLAIM DEED
SR 167,Auburn: 17th St. SW to S. 285th St.
The STATE OF WASHINGTON acting by and through its DEPARTMENT OF
TRANSPORTATION, Grantor, hereby conveys and quitclaims unto the CITY OF AUBURN all
right, title, and interest under the jurisdiction of the Department of Transportation in and to the
following described real property situated in King County, State of Washington, for and in
consideration (1) of the CITY OF AUBURN, a municipal corporation, Grantee, assuming in
perpetuity all future post-certification preservation and protection obligations as further provided
herein, including all maintenance and operation costs associated with such preservation and
protection obligations of the environmental mitigation site lands in perpetuity as required by
RCW 47 12.370; (2) of the settlement of King County Superior Court Case Number 07-2-16064-
7; and (3) of the benefits conferred by the settlement agreements between the Grantee, the
Grantor, and the Auburn Land Company
For legal description and additional conditions, see Exhibit [Insert either"C-1" or
"C-2"1 attached hereto and made a part hereof.
RES 411 Page 1 of 6 Pages IC#
Revised 1/2011
The Grantee herein, including successors or assigns, shall have no right of ingress or
egress to, from and between SR 167 and the lands herein described, nor shall they be entitled to
compensation for any loss of light, view and air occasioned by the location, construction,
maintenance or operation of said highway Grantor retains all such rights.
The specific details concerning at, of which may be found on sheet [6 for C-1, 6 and 7 for
C-2] of that certain plan entitled SR 167, Auburn: 17th St. SW to S. 285th St., now of record and
on file in the office of the Secretary of Transportation at Olympia, Washington, bearing date of
approval June 12, 1969
Subject to all existing encumbrances, including easements, restrictions and reservations,
if any;
The Grantor hereby retains an easement to continue the use of any drainage ditches,
culverts, or other structures located on the described property for the purpose of conveying water
to or from the described property The Grantor also hereby retains an easement over, under,
upon and across the described lands for the purpose of the perpetual right,power and privilege to
continue past and current drainage, flowage, and storage of water (and any accompanying
sediment) caused by or due to natural phenomenon and the construction, operation, and/or
maintenance of the existing SR 167 highway and its associated ditches, culverts, and other
structures. As part of this easement, the Grantor also retains the right, power, and privilege to use
the described lands for the purpose of future additional or different drainage, flowage, and
storage caused by construction, reconstruction, operation, and/or maintenance of later changes to
SR 167 and any associated structures, to the extent the different or additional water does not
violate environmental permits issued for such changes to SR 167 or prevent the City from
maintaining the existing mitigation sites on the described property PROVIDED, that this
easement does not prohibit the City from altering drainage on the described lands, but only if
doing so would not violate the directions of any regulatory agency governing the mitigation site
or the terms of any documents creating,permitting, or certifying the mitigation site that has been
constructed on the property, as those documents exist on the date of conveyance or as they may
be amended, superseded, or replaced in the future with the approval of the responsible regulatory
RES 411 Page 2 of 6 Pages IC#
Revised 1/2011
agency, and only if doing so does not adversely impact the State's easement. As part of this
easement, the Grantor also retains the right of ingress and egress over the described lands to
monitor and inspect drainage from the SR 167 highway and its associated ditches, culverts, and
other structures. The scope of this easement does not authorize land uses that would harm the
compensatory mitigation that has been built on the described property or that would violate the
terms of the documents creating, permitting, or certifying the mitigation site that has been
constructed on the property, as those documents exist on the date of conveyance or as they may
be amended, superseded, or replaced in the future with the approval of the responsible regulatory
agency(listed below).
AND subject to Grantor retaining an easement for access, ingress, and egress to allow
Grantor to continue performing maintenance and monitoring until the mitigation site on the
conveyed property has been certified by the agency requiring mitigation, but Grantor shall
provide notice to Grantee before each u"se, and said easement will expire upon certification.
This property is being conveyed subject to the terms and conditions of following
documents creating, permitting, or certifying the mitigation site, as those documents exist on the
date of conveyance or as they may be amended, superseded, or replaced in the future with the
approval of the responsible regulatory agency, specifically including the obligation to perpetually
maintain, operate, monitor, preserve, and protect the mitigation site located on the property,
which documents are attached to this Deed and the terms of which are hereby incorporated by
reference:
[list and date the documents creating, permitting, or certifying each mitigation site,
g6:eV ing the conveyed mitigation site]
The Grantee's use of the property is expressly and perpetually restricted to only those
uses consistent with preserving the functions and values of the property as a mitigation site and
those uses consistent with the terms of the above-referenced permits and as provided in the
Settlement Agreement and Agreement to Transfer Real Property between the State of
RES 411 Page 3 of 6 Pages IC#
Revised 1/2011
Washington and the City of Auburn dated This restriction on Grantee's use of the
property serves and benefits other real property owned by the Grantor and upon which the
Grantor constructed the project for which the above-referenced permits were issued. The
restriction on the Grantee's use of the property shall run and remain with the land conveyed by
this Deed and be binding on the Grantee's successors or assigns. The restriction on the
Grantee's use of the property shall be liberally construed to prohibit any use inconsistent with
preserving the property as a mitigation site or inconsistent with the terms of the above-referenced
permits.
Should the Grantee fail to perpetually maintain, operate, preserve, and protect the
environmental mitigation site lands as required herein and as required by the Settlement
Agreement and Agreement to Transfer Real Property between the State of Washington and the
City of Auburn dated _ and as required by applicable law and by the above-referenced
permits and any other documents creating, permitting, or certifying the site, and/or should the
Grantee fail to observe the restrictions on the use of the environmental mitigation site lands
herein conveyed, the said environmental mitigation site lands shall automatically revert to the
ownership of the State of Washington without cost or further obligation on the part of the
Grantor. The Grantee agrees to quitclairim the said environmental mitigation site land to the State
of Washington immediately upon request.
The Grantee herein, on behalf of itself and its successors or assigns, waives and/or
releases the Grantor from any past, present, or future claims for damages directly or indirectly
caused by highway drainage or runoff, and further the Grantee, its successors or assigns, shall
have no right of compensation for damages to the property herein conveyed caused directly or
indirectly by highway drainage or runoff.
The Grantee as part consideration herein does hereby agree to comply with all civil rights
and anti-discrimination requirements of Chapter 49.60 RCW as to the lands herein described.
The lands herein described are conveyed pursuant to the provisions of RCW 47 12.370.
Dated at Olympia, Washington, this day of 20_
RES 411 Page 4 of 6 Pages IC#
Revised 1/2011
STATE OF WASHINGTON
Paula J Hammond, P.E.
Secretary of Transportation
APPROVED AS TO FORM.
BY.
Assistant Attorney General
REVIEWED AS TO FORM.
City of Auburn
By.
Name:
Title:
RES 411 Page 5 of 6 Pages IC#
Revised 1/2011
STATE OF WASHINGTON )
): ss
County of Thurston )
On this day of 20 before me personally
appeared Paula J Hammond, P.E., known to me as the Secretary of Transportation, Washington
State Department of Transportation, and executed the foregoing instrument, acknowledging said
instrument to be the free and voluntary act and deed of the State of Washington, for the uses and
purposes therein mentioned, and on oath stated that she was authorized to execute said
instrument.
Given under my hand and official seal the day and year last above written.
Notary (print name)
Notary Public in and for the State of Washington, residing
at Olympia
My Appointment Expires
RES 411 Page 6 of 6 Pages IC#
Revised 1/2011
EXHIBIT G
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into
as of the day of 2010, by and between the CITY OF
AUBURN, a Washington municipal corporation, as Purchaser (hereinafter the "CITY'),
and THE AUBURN LAND COMPANY, a Nevada Limited Partnership (Hereinafter the
"SELLER").
RECITALS
A. The SELLER is the owner of certain real property and all improvements
thereon located in the City of Auburn, County of King, Washington, at the common
address of 801 I5.th Street Northwest(King County Tax Parcel No. 1221049009)which
is legally described as follows("Property'):
The northeast quarter of the southwest quarter of Section 12,Township 21
North, Range 4 East,W.M., in.King County,Washington;
EXCEPT that portion condemned for State Highway under King County
Superior Court Cause Number 718093 and conveyed to the City- of
Auburn by Governor's Deed recorded under King County Recording
number 7402270280;
AND EXCEPT portion for Railroad Right of Way. .,
B. BARGAIN SALE PURCHASE. The City acknowledges that it is Seller's
intention to effectuate a"bargain sale".of the property,Le. a sale to a governmental non-
profit organization that qualifies as a charity pursuant to the United States tax laws and
Internal Revenue Code. The City acknowledges that, from Seller's perspective, the
subject sale is at a price below fair market value (which, though asserted by Seller, is
not necessarily agreed to by the City), wherein the difference Seller will consider a
charitable contribution under applicable sections of the internal Revenue Code. The
bargain sale price of the Property of $629,800.00 (SIX HUNDRED TWENTY-NINE
THOUSAND EIGHT HUNDRED DOLLARS) is less than what the Seller contends the
fair market value of the property would be if.not damaged as established by the 2010
appraisal of Lamb Hanson Lamb Appraisal Associates, Inc. Seller acknowledges that
(a)'the substantiation of a charitable contribution deduction rests exclusively with Seller
for the City's execution of Intemal Revenue Service Form 8283 that has been fully
completed and signed by Seller and Seller's appraiser, (b) the City may refuse to
oxeoute.Internal Revenue Service Form 8283 if, in its sole discretion, the valuation of
the Property is not something with which it is not.reawriably or sufficiently acquainted
as to What the value of the Property could be if the property were fully developable, (c)
st.the request of the City, Seller shall provide a copy of Seller's appraisal for review by
the City in conjunction with its review of the Internal Revenue Service Form 8283; and,
(d) the seller agrees to sign a statement of difference, in value acknowledging that
------------------------------S--------E---'------ _ -
AGREEMENT FOR PURCHASE AND SALE OF.REAL PROPERTY
Page i of ii
EXHIBIT G —page 1
before the sale, the owner was aware of the estimated just compensation amount and
made the choice to sell for less than the estimated flair compensation voluntarily, as an
act of free will.
C. And SELLER desires to sell the Property to CITY, on the terms and
conditions set forth herein.
D. The Parties acknowledge that the purchase of the property is being f
partially funded by a grant from the Washington State Recreation and Conservation if
Office. The Parties hereto also recognize that there may be obligations that are tied to
this grant funding, and agree to cooperate with any such requirements or obligations,
provided that no such obligations or requirements unduly increase the obligations or
responsibilities of the SELLER, or decrease the purchase price to be paid to -the
SELLER.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, SELLER and CITY hereby
agree as follows:
1. Certain Defined Terms. For purposes of this Agreement, the terms set forth
below shall have the meaning.assigned to them:
I 1.1 "Closing"or"Close of Escrow" means the recordation of the Deed In the Official
Records and SELLER's receipt of the Purchase Price.
1.2 "Closing Date" means any mutually agreeable date on or before 60 (sixty)
calendar days after this Agreement has been signed by all parties hereto.
1.3 "Escrow"means the escrow opened with Escrow Agent for the consummation of
the transactlorrdescribed in this Agreement
1.4 "Escrow Agent"means Chicago Title Insurance Company
1.5 "Official Records" means the official real property records of King County,
Washington.
1.6 "Opening of Escrow" means the date a fully executed copy of this Agreement is
deposited with Escrow Agent.
1.7 "Permitted-Exceptions"has the meaning as set forth in Section 6.4 below.
1.8 "Purchase Price"has the meaning as set forth in Section 3.
r
— -----—--------------------—---------
— ----—°--
AGREEMENT FOR PURCHASE AND'SALE OF REAL PROPERTY
Page 2 of 11
EXHIBIT G —page 2
1.9 "Title Company"means Chicago Title Company.
1.10 "Titre Policy" means an ALTA (1970 Form 13) extended coverage owners policy
of title insurance issued by the Title Company to CITY with coverage in the amount of
purchase price, showing title to the Property vested in CITY subject only to the
Permitted Exceptions.
2. Purchase and Sale. The SELLER agrees to sell to CITY, and CITY agrees to
purchase from SELLER, the Property upon the terms and conditions set forth in this
Agreement.
3. Purchase Price; Cash Payment. The total cash purchase price for the-Property
(the "Purchase Price's shall be Six Hundred, Twenty-Nine Tfiousand, Eight Hundred
Dollars arid No/100's ($629,800.00). The Purchase Price shall be paid to SELLER in
cash at Closing.
4. Earnest Money Deposit. On execution of this Agreement, CITY shall deposit with
Escrow Agent Twenty-Five Thousand Dollars and No/100's.Dollars($25,000.00)in cash
(the-"Deposit"), which shall be held by Escrow Agent as an earnest money deposit
hereunder. The Deposit shall be held in Escrow and applied or disposed of by Escrow
Agent as provided herein. Escrow Agent shall place the Deposit in an interest-bearing
account approved by CITY and SELLER and all interest earned thereon shall be added
to and become a part of the Deposit
5 Due Diligence.
5.1 Due Diligence Contingency Waived. CITY has conducted reviews of the site of
the Property and has independently obtained and reviewed such documents as
SELLER would normally provide as part of a due diligence review, and CITY has
determined in its sole discretion that it intends to acquire the Property, and this Section
6.1 shall serve as notice to SELLER of such determination. CITY's due diligence
contingency is hereby satisfied and waived. The Deposit is•nonrefundable (except as
otherwise provided herein), and CITY shall proceed to Closing.
Upon such satisfaction and waiver, the Deposit is nonrefundable (except as otherwise
provided herein), and CITY shall proceed to Closing.
5.2 Title Commitment. Promptly after mutual execution of this Agreement, CITY
shall obtain an extended preliminary title insurance commitment covering the Property
from the Title Company (the ""Commitment's, together with copies. of all recorded
documents listed as special exceptions therein. Approval by CITY of the exceptions to
title set forth In the Commitment(other than as hereinafter set forth)shall be a condition
precedent to CIT1^s obligation to purchase the Property. Unless CITY gives written
notice that it disapproves the exceptions to titie.shown on the Commurnent.(other than
the exceptions to title approved by CITY and described in Section 6.4 below), stating
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 3 of 11
— EXHIBIT G— page 3
the exceptions so disapproved, within thirty (30) days after the date of this Agreement,
CITY shall be deemed to have approved such exceptions. If CITY disapproves any title
exceptions, SELLER shall have a ten (10) day period after its receipt of CITY's written
notice of disapproval of the same within which to provide written notice to CITY as to
which of such disapproved title exceptions the SELLER will remove (or cause to be
removed) tom title; provided, however, that SELLER shall not be required to actually
remove such exception(s) until Closing. If, for any reason, SELLER's notice given
pursuant to the immediately preceding sentence does not covenant to remove all of
CITY's disapproved iide exceptions at or prior to Closing, CITY shalt have the right to
terminate this Agreement by written notice to SELLER and Escrow Agent given within
ten (10) days after the earlier of the expiration of such ten (10) day period or the date 1
SELLER informs CITY that it does not intend to remove the disapproved items (the 1
'Termination Notice'. CITY's failure to deliver the Termination Notice within such ten
(10) day period shall be deemed CITY's approval of any such previously disapproved
title exception. If CITY delivers the Termination Notice within such ten (10) day period,
the obligation of SELLER to sell, and CITY to buy,the Propsity as herein provided shall
terminate and the Deposit shall be returned to CiTY CITY shall have the option to
waive the condition precedent set forth in this Section 5.2 by written notice to SELLER.
In the event of such waiver, such condition precedent shall be deemed satisfied.
5.3 Permitted Exceptions. in addition to such other exceptions to title as may be
approved by CITY pursuant to the provisions of Section 5.3 above, CITY shall accept
this to the Property subject to the following(collectively,the"Permitted Exceptions':
5.3.1 The printed exceptions which appear in the ALTA (Form 19708) form extended
coverage owners policy of title insurance issued by Title Company in the State of
Washington;and
5.3.2 Items created by,or on behalf of, CITY
5.4 No New Leases or Contracts. Prior to Closing, SELLER shall not enter into any
new leases; contracts or agreements affecting the Property without the"prior written
consent of CITY, except the SELLER may enter.into interim contracts or agreements in
connection with the management, maintenance, repair or preservation of the Property In
the normal course of business If each such contract or agreement expires or is
terminated at or prior to Closing.
6. CITYs Right of Entry CITY, and Its agents and consultants, at CITY's sole
expense and risk, may enter the Property during the term of this Agreement at
reasonable times scheduled in advance with SELLER for the purpose of CITY's due
diligence study of the Property. CITY shall(a)exercise care at all times on or abouVhe
Property, iindIbY take precaUtiohs for the prevention of injury to persons or damage to
property on or about the Property. CITY shall keep the Property free from all
mechanics', m2tedalmen's and other liens, and all claims thereof,'adsing from any work
or labor done, services performed, or materials and supplies furnished in connection
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 4 of 11
i EXHIBIT G—page 4
with CITY's actions in the exercise of its right of entry on the Property, and CITY shall
Indemnify and defend SELLER against and hold SELLER harmless from all such liens
and claims. If this transaction fails to dose for any reason other than a default by
SELLER hereunder, CITY shall furnish SELLER with a copy of all such Inspections,
studies and surveys and shall assign or quitclaim all of CITYs right, title and interest in
and to any permits, approvals, or permit or approval applications.
7 Closing.
71 Time for Closing. This purchase and sale shall be closed in the office of Escrow
Agent on the Closing Date. CITY and SELLER shall deposit in Escrow with Escrow
Agent ail instruments, documents and monies necessary to complete the sale in
accordance with this-Agreement Funds held in reserve accounts pursuant to escrow
instructions shall be deemed, for purposes of this definition, as available for
disbursement to SELLER.
7.2 Closing.Costs.
,-7:2:1 SELLER's Costs. SELLER shall pay(a)the premiums for the standard coverage
portion of the Title Policy, including applicable sales tax, (b) one-half ('/:) of all escrow
fees and costs, (c)'SELLER's share of proration, if any, and (d) all assessments for
local Improvement or special benefit districts.
7.2.2 CITY's Costs. CITY shall pay (a) one-half(Y) of all escrow fees and costs, (b)
the recording fees for the Deed, (c) CITY's share of proration, if any, and (d) any
additional premium charged for extended coverage for the Title Policy and any
additional endorsements or coverage CITY may require, including applicable sales tax.
7.2.-3 Other Costs. CITY and SELLER shall each pay its own legal fees and fees of its
ow consultants. All other costs and expenses shag be allocated between CITY and
SELLER in accordance with the customary practice of King County,Washington.
'
01 Y. ..
7.3 Real Property Taxation. SELLER shall be responsible for all real property taxes
due and owing prior to the Closing.
7.4 Closing:Documents.
it
7 4.1 SELLER's Documents. At Closing, SELLER shall deliver to Escrow Agent the
following instruments and documents:
74.1.1 An executed and acknowledged di4ed oonveying the Property to CITY;
74.1.2 An executed real estate excise tax affidavit to accompany the Deed; and
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 6 of 11
__ EXHIBIT G —page 5
74.1.3 An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
74.2 CITY s Documents. At Closing, CITY shall deliver to Escrow Agent the
following funds, Instruments and documents:
74.2.1 The balance of the Purchase Price In accordance with Section 3;
7.4.2:2 CITY's share of costs and_ expenses as determined in accordance nce with
Section 72;and
74.2.3 The executed real estate excise tax affidavit referenced in Section 7 4.1.2
above.
7.5 Possession. CITY shall be entitled to possession of the Property upon Closing.
8. Title Insurance. As soon as available after Closing, SELLER shall provide to
CITY the Title Policy, dated as of the Closing Date, subject only to the Permitted
Exceptions.
9. Representations and Warranties.
9.1 SELLER's Representations - Warranties. In addition to any other
representations or warrantie%gof ELLER elsewhere in this Agreement, SELLER
represents and warrants to CITY now,and as of the Date of Closing,that:
9.1.1 Authority SELLER, and the person signing on behalf of SELLER, has full power
and authority to execute this Agreement and perform SELLER's obligations hereunder,
and all necessary action to authorize this transaction has been taken, except as
specifically provided herein.
9.1.2 Htardous Substances. SELLER has not received notification of any kind from
any governmental agency suggesting that the Property Is or may be targeted for a
Hazardous Substances cleanup; to the best of SELLER's knowledge the Property has
not been used (a)for the storage, disposal or discharge of oil, solvents, fuel, chemicals
or any type of toxic, dangerous, hazardous or biological waste or substance
(collectively, "Hazardous Substances'), or(b) As a landfill or waste disposal site; to the
best of SELLER's knowledge the Property has_not been contaminated with any.
Hazardous Substances; and to the best of SELLER's knowledge, there are no
underground storage tanks on the Property
9.1.3 Othdr Rights. No person or entity has any right to lease or purchase anyinterest 6
in the Property p rty or any part thereof.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY ~� _
Page 6 bf t 1
EXHIBIT G — page 6
T.T:X. . l•ix n ..,may,'.._.,..
9.2 CITY's Representations and Warranties. In addition to any other representations
and warranties of CITY elsewhere in this Agreement, CITY represents and warrants to
SELLER now, and as of the Date of Closing, that (a) CITY has full power to execute,
deliver and carry out the terms and provisions 'of this Agreement; and has .taken all
necessary action to authorize the execution, delivery and performance of this
Agreement; and (b) the Individual-executing this Agreement on behalf of CITY has the
authority to bind CITY to the terms and conditions of this Agreement.
9.3 "AS IS" CONDITION OF PROPERTY THE PURCHASE PRICE REFLECTS
THAT THE PROPERTY IS BEING PURCHASED BY CITY ON AN"AS IS""WHERE IS"
AND "WITH ALL FAULTS" BASIS, EXCEPT TO THE EXTENT OF
REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE BY SELLER
HEREIN OR IN THE WARRANTY DEED OR OTHER DOCUMENTS TO BE
DELIVERED TO CITY AT CLOSING. CITY HEREBY WANES AND RELINQUISHES
ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT TO, ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE
DEEMED TO HAVE BEEN MADE OR GIVEN, BY SELLER OR ITS
REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO ANY BROKER, EXCEPT
FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH
IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTER AND
DELIVERED BY SELLER AT CLOSING.
EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET
FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE
EXECUTED AND DELIVERED BY SELLER AT CLOSING, CITY HAS NOT RELIED
UPON AND WILL NOT RELY UPON, AND SELLER EXPRESSLY DISCLAIMS, ANY
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO,AND SHALL HAVE NO
LIABILITY FOR: (1) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS,
STRUCTURES OR IMPROVEMENTS LOCATED THEREON OR THE SUITABILITY
THEREOF FOR HABITATION, OCCUPANCY OR FOR CITY'S INTENDED USE OR
FOR ANY USE WHATSOEVER; (11)AW APPLICABLE BUILDING, ZONING OR FIRE
LAWS OR REGULATIONS OR WITH RESPECT TO COMPLIANCE THEREWITH OR x
WITH RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED
PEKMItS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (III)THE AVAILABILITY OR
EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO,'OR
AryY WATER, SEWER OR UTILITY DISTRICTS; (IV) ACCESS l O ANY PUBLIC OR
PRIVATE SANITARY SEWER SYSTEM; (V)'THE FACT THAT ALL OR A PORTION
OF THE PROPERTY MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT
LINE; OR (VI) EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE PRESENCE
OF ANY HAZARDOUS SUBSTANCES,,IN' ANY IMPROVEMENTS ON THE
PROPERTY, INCLUDING WITHOUT LIMITATION ASBESTOS OR FORMALDEHYDE,
OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR
MATERIALS ON OR UNDER THE PROPERTY WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, EXCEPT TO THE EXTENT OF ANY
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 7 of t t
EXHIBIT G —page 7
REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS
AGREEMENT OR IN ANY DOCUMENTS*TO BE EXECUTED AND DELIVERED BY
SELLER AT CLOSING, SELLER SHALL_-HAVE NO LIABILITY TO CITY WITH
RESPECT TO THE C'ONDITION OF THE PROPERTY UNDER COMMON LAW, OR
ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, INCLUDING BUT NOT
LIMITED TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980 AS .AMENDED, 42 U.S.CA.
SECTIONS 9601 ET SEQ., AND THE WASHINGTON MODEL TOXICS CONTROL
ACT cMTCA'7, RCW 70.105D. CITY HEREBY RELEASES AND WAIVES ANY AND
ALL CLAIMS WHICH THE CITY HAS OR MAY HAVE AGAINST SELLER UNDER ANY
OF THE FOREGOING LAWS OR WITH RESPECT TO THE CONDITION OF THE
PROPERTY, EXCEPT TO THE EXTENT OF ANY OLAIMS CITY MAY HAVE ARISING
FROM ANY EXPRESS REPRESENTATIONS; WARRANTIES OR COVENANTS OF
SELLER UNDER THIS AGREEMENT OR ANY DOCUMENTS TO BE EXECUTED
AND.DELIVERED BY SELLER AT CLOSING. CITY ACKNOWLEDGES TO SELLER
THAT CITY IS GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY
INSPECT THE PROPERTY AND CITY ASSUMES THE'RESPOJVSIBILITY AND RISKS
OF ALL DEFECTS AND CONDITIONS, INCLUDING SUCH DEFECTS AND
CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION,
SUBJECT TO THE EXCEPTION OF RIGHTS EXPRESSLY SET FORTH ABOVE.
SELLER: CITY.
IF A PHASE 'I ENVIRONMENTAL SITE ASSESSMENT REPORT OR. OTHER
ENVIRONMENTAL STUDY OR REPORT(COLLECTIVELY,THE"PHASE I REPORT')
HAS BEEN. DELIVERED BY SELLER TO CITY, THEN, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, BY CLOSING THE TRANSACTION AS ,
CONTEMPLATED HEREIN, CITY AGREES THAT, EXCEPT TO THE EXTENT
EXPRESSLY CONTRARY TO ANY REPRESENTATIONS, WARRANTIES OR }
COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT (A) CITY SHALL BE
DEEMED TO HAVE ACCEPTED ALL RISK ASSOCIATED WITH ADVERSE
PHYaSICAL,ZHARACTERISTICS AND EXISTING ENVIRONMENTAIg_CONDITIONS
THAT MAYOR MAY NOT HAVE BEEN REVEALED BY CITY'S INVESTIGATION OF
THE PHASE I REPORT,AND(B)AS BETWEEN SELLER AND CITY, CITY SHALL BE
DEEMED TO HAVE ACCEPTED ALL COSTS AND LIABILITIES ASSOCIATED IN ANY
WAY WITH THE PHYSICAL AND ENVIROENTAL CONDITION OF THE
PROPERTY CITY ACKNOWLEDGES NM
DGES AND AGREES THAT SELLER MAKES NO
REPRESENTATIONS OR WARRANTIES,REGARDING THE TRUTH, ACCURACY OR
THOROUGHNESS OF THE INVESTIGATION, PREPARATION OR CONTENT OF
THE PHASE I REPORT, OR THE COMPETENCE OR ABILITY OF THE PERSONS
OR COMPANIES.PREPARING SUCH REPORT CITY AGREES THAT, BY CLOSING
THE°�tANSACTION` CONTEMPLATED HEREIN; CITY WILL HAV�x^HAD AN-"
OPPORTUNITY TO REVIEW THE ABOVE REPORT PRIOR TO THE CLOSING DATE
IN ORDER TO MAKE AN INDEPENDENT VERIFICATION OF THE INFORMATION
CONTAINED THEREIN, AND THAT CITY AND ITS ENVIRONMENTAL
_ --_--------- ......
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 8 of 91
EXHIBIT G—page 8 __
CONSULTANTS WILL HAVE HAD AN OPPORTUNITY TO CONDUCT TESTS ON
THE PROPERTY
10. Maintenance of Property; Risk of Loss, Condemnation.
10.1 Maintenance of Property. From the date of this Agreement until the Closing Date
(or any earlier termination of this Agreement), SELLER agrees to maintain the Properly
in substantially the same condition existing as of the date hereof, ordinary wear and
tear,damage by casualty excepted.
10.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements on
the Property shall be borne by CITY at all times and no event of casualty or damage
shall affect the parties' obligations hereunder or the Purchase Price, however, CITY
shall have the right to receive any insurance proceeds due SELLER in connection with
any casualty or damage and SELLER hereby covenants to maintain commercially
reasonable casualty insurance in place with respect to the Property at all times prior to
Closing. SELLER shall promptly notify CITY of any condemnation or eminent domain
proceeding which affects the Property, and SELLER covenants and agrees not to
commence or pursue arty such action. In the event of any,condemnation or eminent
domain proceeding by any entity other than SELLER, or a deed in lieu or under threat
thereof, which affects a material portion of the Property, CITY may elect either to
terminate this Agreement, or to purchase the Property in the condition existing on the
Closing Date without adjustment of the Purchase Price. If CITY elects to terminate this
Agreement,_the Deposit shall be returned to CITY if CITY elects to purchase the
Property, SELLER shall not be liable to restore same, and CITY shall be entitled to any
condemnation award or payment in lieu thereof payable to SELLER in its capacity as
the owner thereof.
11. Default
11.1 Time of Essence. Time is of the essence of this Agreement.
11.2 SELI R's Remedies for CIT1"s Defauitand Failure to Close. If the CITY falls to
complete the purchase of the Property in accordance with this Agreementi SELLER's
remedies shall Include (a) the right to retain the Deposit as liquidated damages and(b)
the right to specific performance, to require the City to complete the purchase of the
Property under the terms hereof.
12.3 CITY's Remedies for SELLER's Default, If SELLER fails to complete the sale of
the Property in accordance with this Agreement, CITY shall have and may enforce the
following exclusive remedies: (a) seek.specific performance; or (b) seek rescission of
this Agreement and receive a refund-of-tfid"Deposit.' "
12.4 Specific Performance. Notwithstanding any other options orremedies available
hereunder, it is mutually agreed that in the event that any party fails to comply with the
-----..........
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 9 of 11
3
EXHIBIT G—page 9
terms of this agreement or with any terra therein,then any other party hereto may at the
party's option take legal action to enforce specific performance of the terms hereof.
13. Notices. All notices, demands and other communications required or permitted
to be given hereunder shall be in wrung, and shall be sent by personal delivery
(including by means of professional messenger or courier service) or registered or
certified mail, postage-prepaid, retum-receipt requested. Notice shall be.deemed to
have been given if personally delivered, upon receipt, and if sent by mail, two (2) days s
after duly deposited in the U.S. Mall. The parties' respective addresses for notices are
as follows:
If to CITY, With copies to:
City of Auburn City Attorney's Office
Human Resources Department City of Auburn
26 West Main Street 25 West Main Street
Auburn,WA 98001-4998 Auburn,WA 980014998
Attn: Director of Human Resources Attn: CityAttomey
If to SELLER: With copies to:
Auburn Land Company Steven A. Reisler
Attn: Donald Dombrowski, MD Attorney at Law '
7545 Spanish Bay Road 4560 Sand Point Way NE Ste 250
Las Vegas, Nevada 89113 Seattle,WA 98105-3941
Notice of change of address shall be given by written notice in the manner detailed in
this Section 13.
14. General. This is the entire agreement of CITY and SELLER with respect to the
matters covered hereby and supersedes all prior agreements between them, written or
oral. This Agreement may be modified only in writing, signed by CITY, and SELLER.
Abywaivers hereunder must be in writing. No waiver of any right;or remedy in the
event of default hereunder shall constitute a waiver of such right or remedy in the event
of any subsequent.default. Tfi'is Agreement shall be governed by the laws of the State i
of Washington: This Agreement is for the benefit only of the parties hereto and shall
inure to the benefit of and bind the heirs, personal representatives, successors and
permitted assigns of the parties hereto. The invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or enforceability of any other
provision hereof. This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the-same
instrurpent.
15. Commissions, SELLER represents to CITY that SELLER has engaged no
broker, agent or finder in connection with the negotiations leading to this Agreement.
CITY represents to SELLER that CITY has not engaged or in any way dealt with any
a
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 10 of 11
I EXHIBIT G—page 10
broker, agent or finder in connection with the negotiations leading to this Agreement.
Each party hereby agrees to indemnify, defend and hold the other party harmless from
and against any claims for broker's, agent's, or finder's fees or commissions arising
from or through the actions of the indemnifying party.
16. Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the i
terms of this Agreement,the prevailing party therein shall be entitled to recover from the
other parry such sum as the Court may adjudge reasonable as attorneys'fees, including
fees Incurred at trial,on any appeal and in any petition for review.
17 Exclusivity. During the term of this Agreement SELLER shall not market nor list
the Property for sale, nor accept any offers from third parties with respect to sale of the
Property.
18. Reservation of Police Power Notwithstanding anything to the contrary set forth
herein, SELLER understands and acknowledges that the CITY's authority to exercise its
police (regulatory) powers in accordance with applicable law shall not be deemed
limited by the provisions of this Agreement.
19. City Council Approval. The signature of the Mayor of the City of Aubum hereon
binds the City of Auburn as purchaser herein and acknowledges the approval of the City i
Council of the purchase Agreement.
SIGNED in duplicate original as.of the date first above written.
CITY OF A THE AUBURN LAND COMPANY
By
Peter B. Lewis,Aubum Mayor Name
Title
ATTEST• y
Danielle E.Dasksm,Auburn City Clerk
APPROVED AS TO FORM:
Daniel B. ei ,Auburn City Attorney
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Page 11 of 11
EXHIBIT G —page 11
AA 09 10 04:56! p3
bral[8f, agerd Or Tmder t0 oonnedlon With the r"oft*n6 tesd rig to this AgrawmiriL
Esth party hereby agrees to krdarrHly,depend and hold the other pardp tiArmle""M
and against any clalme for brcirer s,*agents, or We r, fees or commisslons arising
from IN through the actions of the Indemelyltg party.
M Attamt ye'apes. M the event sub ar notbo is lnvftbd to interpret or erns wc*#*
tetras of tine Agreement,the pnpvhlling party therein shell be enbOad to reower foim the
other pally such sum tis me Couft may ally rdgo fesmorobpa as Idiomeyw fees,incardaq
fens inWmd ntttial,on any appeal and in any pefAlbn rat wAow,
77 Fxatuslvby. Dating the term of this Aogep mni aELLJEF,,shall not ntarket nor first
the Property for saps, nor acoW any offers from thud perdee with respect io sate of the
P
1S. AWONdOn of PoNoe Power, NatwOote oft anythTrsg to the conitary set frith
ttereln,SELLSR yriderataitia WW arJOroWiadgeg Met the MY**authodkyta eter0lee tis
IGnlled LIMP pro wAw eh PMth flpttlkalafe few shao not be deemed
by ts. City CourlcN Apprasvat. The 64nahrre of-ft Mayor of the My of ALbm harem
btods the Ofty of Aubur"as puromw herein Old admawla4ge8 the approval of the City
Council ofth+epurahareAomwrA L
SIGNED h duOitste originsi 86.0f the deft Arst a bm wMM,
CITY OF A THE AUBMN IANo coMPAW
f3 _
Peter B.Li Lt.Auhum tpiayar b ' Noma �i 1y t?ttt d3#?au r ir/
rtl'e edi sus_
ATTEST:
APV- uatlmm Aubwn Credt
APPROVED AS TO FORM
WnlelB, A m MVAU `
AGRESMW FOR puRCHASE AND 1 t e
NO 42111
OF REAL PROPERTY
EXHIBIT G—page 12
EXHIBIT H
King County Sundry Site Plans,
Mill Creek Floodplain Storage and Wetlands Mitigation Area
All that portion of the southeast quarter of Section 14, Township 21 North, Range 4 East,
W.M., King County, Washington, described as follows:
Beginning at the northeast corner of the northeast quarter of the southeast quarter of said
Section 14,thence North 89 057108" West 969.29 feet to the easterly margin of West Valley
Highway; thence South 12°53'25" West along said easterly margin 142.99 feet; thence
continue southerly along the said easterly margin along the arc of a curve to the right
having a radius of 2,895 feet an arc distance of 324.05 feet, said point being on the
southerly boundary line of an existing 20 foot sanitary sewer easement recorded under
Recording No. 8109100300; thence South 85 040'28" East along the southerly boundary
line of said sanitary sewer easement 99.23 feet to the True Point of Beginning; thence
continuing South 85°40'28" East 383.32 feet; thence South 22°12'39" West 104.36 feet;
thence South 25°58'40" East 52.84 feet; thence South 43°20'08" West 198.65 feet; thence
South 279728" West 54.44 feet; thence South 58°04'28" East 195.33 feet; thence
southwesterly along the are of a curve to the right having a radius of 50 feet, an arc
distance of 10.40 feet; thence South 35°40'35" West 384.02 feet; thence southwesterly
along the arc of a curve to the right having a radius of 350 feet, an arc distance of 391.75
feet; thence North 80°11'35" West 115.63 feet; thence South 09°48'25" West 12.15 feet;
thence North 69°41'20" West 61.88 feet; thence North 16°34'03" East 278.65 feet; thence
North 23°29'46" East 227.32 feet; thence North 21 053'56" East 150.55 feet; thence North
12 055'06" East 91.65 feet; thence North 38°44'24" East 163.99 feet;thence North 21°46'10"
East 74.40 feet to the True Point of Beginning.
The lands herein described contain an area of 431,858 square feet, more or less, the
specific details concerning all of which are to be found on sheet 69 of that certain plan
entitled King County Sundry Site Plans, Mill Creek Floodplain Storage and Wetlands
Mitigation Area, now of record and on file in the office of the Secretary of Transportation
at Olympia, bearing date of approval August 6, 2009, revised May 3, 2012.
i
T.21NAE.WX
6w Y.
% KIM
—1 13- ' --.L I sEe.1a j EV. ME% M.13
6
/ I
1J E K 6E
/ / I SEC.to q, SEC. 4 /
MILL CREEK q/ /
FL000PlAIN I/ /
STORAGE ANO
* ..
wET
.T /I « «.. LANDS
/ / MITIGATION AREA I i
I .aaw
Al
W •R 6
N - am✓E SD T N
AUBURN]
/ ONSPEACHAMOZ
>y mNOiiXWImM1p a�A' NE N NE'A I:
9EC.21 1
FLOOOPLAIN VICINITY MAP
MILL CREEK
/ $r4 STORAGE NF
ATION A N S
a NE Y 6E
BEC.Ie
KING,COUNTY
/ W ,5 ,1 .eL «ry wrwm�rv[aen�v rwq
SUNDRY SITE-PLANS
ImA"'mm�m MILL CREEK
FLOOSPLAW STORAGE AM
NRIWTION AREA
DETAIL 'A'
«sresrm mn�6 loom mow
to
OWNERSHIPS «..
A
EXHIBIT J
Sl
Application for General Permit
Permit No.
Applicant-Please print or l4ripis all infonnatlon
Application is Hereby Made For E3 General Permit(No Fee)
❑General Permit $2.60(Subject to RCW 47 12.140(2)) Reimb.Acct
Intended Use of State Right of Way is fW-
Staairl0 of WistIction eQJip= WdiStorage of tratMjalc for City of rhrmrc constniction
"
of its West Valley Highway 1MPD1ffll1entc SR 113 to We . %in Stunt Project
on that portion of King Canty Sur&y Site Plans, Mill Creek Floodplain Storage and Wetlands Mitigation
Area, as shown on reap attached hereto and made a part hereof,
to begin in the SEr/. Section 14 Township 21 North:Range 4 V=East W.M.
and and in the SEV4 Section 14 Township 21 North:Range 4 'efd09t1YEast W.M.
Fees In the amount of$ 0.00 are paid to defray the basic administrative expense Incident to the processing of this
application according to RCW 47 12.140(2)and amendments.The applicant further promises to pay additional costs
Incurred by the Department on the behalf of the applicant.
Checks or Aloney Orders,are to be made payable to"Washington State Department of Transportation."
Applicant(Referred to as Grantee) AppacantAuthorized Signature
Address Print or Type Name
city State Zip Code Title
Dated this day of
Telephone
Applicant Reference(WO)Number Federal Tax ID Number or Social Sewrrrly Nurr er
Authorization to Occupy Only If Approved Below r
The Washington State'Department of Transportation referred to as the'Department. hereby grants this Penns subject to the terms and
conditions stated in the General Provisions,Special Prcvislone,and Exhibits attached hereto and by thle reference made a pan hereof:
Construction facilities proposed under this application shallosain within one year and must be completed within three years from date of appmvaL
For Deparboent Use Only e
Exhibits Attached
Department Approval
pproval
By:
Title:
Date:
Expiration Date:
DOT F0mr22440e EF -
Revised 6ma Page 1 of 2
EXHIBIT J—page 1
General Provisions
1, The Grantee,its successors and assigns,agrees to protect the State of Washington,its officers and employees and save them
hamdese from ell daims,acti ons or damages of every kind and descrip0on which may accrue to or be suffered byany person,
persons,or property by reason of the ads or omissions of the Grantee,its assigns,agents,contractors,licensees,employees
or my person whomsoever,In connection with Grantee's,its assigns',agents',conbactore',licensees'or employees'
construction,installation,maintenance,operation,use or occupancy of the right of way or In the exercise of this permit. In case
any suit or action is brought against{he Stale of Washington,Its officers and employees,arising out of or by reason of any of the
above causes,the Grantee,Its sadcegeore or assigns will,upon notice of such action,defend the same at Its sole cost and
expense and satisfy anyjudgment against the State of Washington,its otgcers,or employees: PROVIDED,that fthe claims or
damages are caused by or result from the concurrent negligence of(a)the State of Washington's agents or employees and
(b)the Grantee or Graideet agents or employees,this Indemnity provision shag be vaikl and enforceable only to the extent of
the negligence of the Grantee or the Gremae's agents or employees.
The Grantee,and on behalf of its assigns,agent,licensees,contractors and employees agrees to waive any chime for losses,
expenses.damages or lost revenues incurred by U or its agents,contractors,licensees,employees or customers in connection with
Grantee's.Its assyrls'.agent'.contractors',licensees'orempioyees'construction. installation,maintenance,operation,use or
occupancy of the right of way or in the exercise of this Permit against the State of Washington,its agents of employees except the
reasonable scat of repairto property m3uUlrg from the negligent injury or damage to Grantee's property by the State of
Washington,it agent.contractors or employees.
2. During the progress of the work,such barriers shall be erected and maintained as may be necessary or as may be directed for the
Protection of the traveling public:the barriers shall be property lighted at night.
3. Except as herein authorized,no excavation shall be made or obstacle placed within the limits of the State highway In such a manner
as to Interfere with the travel over said road.
4. If tin work done under this permit interferes in arty way with the drainage of the State highway,the Grantee shall wholly and at its
own expense'make such provision as the Department may dbect to take care of said drainage.
S. On completion of said work herein contemplated,all rubbish and debris shag be immediately removed and the roadway and roadside
shall be left neat and presentable and satisfactory to the Department
6. All of the work herein contemplated shall be done to the satisfaction of the Department,and all costs incurred by the Department shag be
reimbursed by the Grantee.
7 The Department hereby reserves the right to order the change of location or the removal of any structure or structures authorized
by this permit at any time,said change or removal to be made at the sole expense of the Party or parties to whom this permit is Issued,
or their successors and assigns.
S. All such changes,reconstruction,or relocation by the Grantee shall be done In such manner as will cause the least Interference with
any of the Department's work,arid the Department shall In no wise be held liable for arty damage to the Grantee by reason of any such
work by the Department,Us agent or representatives,or by the exercise of any right by the Department upon roads,street,public
places.or structures;In question.
9. This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting other
permits or franchise rights of like or other nature to other public or private companies of individuals,not shag it prevent the Department
from using any of It roads,streets,or public places,of affect It right to WII supervision and control over all or any pad of them,none of
which is hereby surrendered.
10.The Department may revoke,emend,or cancel this permit or any of the provisions thereof at any lime'by giving written notice to the
Grantee.The Grantee shag Immediately remove an facilities from the right of way.Any fadlnies remaining upon the right of way 30
days after written notice of cancellation shall be removed by the Department at the expense of the Grantee.
11.The party or parties to whom this permit Is Issued shag maintain at its or their sole expense the structure or object for which this
permit Is granted In a condition satisfactory to the Departmard.
12.Upon approval of this permit the Grantee shag diligently proceed with the went and comply with all Provisions herein.
13.This permit t subject to ail applicable provisions of ROW 47.32,RCW 47 40 and/or RCW 4712.140(2)and
amendments thereto.
14.The Grantee hereby certifies that the facgities described in this permit are In compliance with the Control Zone Guidelines.
DOT Form 22"R EF Page 2 of 2
ReVlsed 5109
EXHIBIT J—page 2
T"211. RAE. W.M. N89-57_08-W 14
-- '� 969.15 13
f �l
S4�00'6b'hN 28.80 -..
- t,' - SO°00'00"E 473.27
t•Ti21
S i.
ACCESS EASEMENT
FOR TRANSFER TO
KING COUNTY AND
IFS ^�O CITY OF AUBURN
f�w °
-v �
,C �4'
/.{' •4th ":f' 1A
h � fV 4I
^ PERMIT IN FAVOR OF CITY OF AUBURN
r .32 ACRE
Pd w
./�` "! S23027'24"W 109.37
rl ;l• �U
EXHIBIT J
2N PERMIT IN FAVOR OF
CITY OF AUBURN
SR 167 KING COUNTY
PARCEL 1-22952
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
OLYMPIA,WASHINGTON
0 50 100 DATE
SCALE IN FEET
SHEET 1 OF 1 SHEETS
EXHIBIT J—page 3
Special Provisions for
Projects on State Highways
by Cities (OVER Population of 25,000)
General Permit No.
The General Permit and these Special Provisions apply to all construction items within
DEPARTMENT jurisdiction and maintenance responsibility only.
Applicable provisions are denoted by (®)
® t, DEPARTMENT REPRESENTAWE.
No work provided for herein shag be performed until the LOCAL AGENCY Is authorized by the following DEPARTMENT representative:
❑ 2. PRE-CONSTRUCTION CONFERENCE.
Pdorto the beginning of construction,a PreconsWcgon Conference shag be held at which the DEPARTMENT Representative,the
LOCAL AGENCY Representagve(a),and LOCAL AGENCY's contractor$hall be present.
® 3. LOCAL AGENCY REPRESENTATIVE.
Should the LOCAL AGENCY choose to perform the work outlined herein with other than his own forces,a representative of the LOCAL
AGENCY shall be avallabie at all limea unless otherwise agreed to by the DEPARTMENT representative. All contact between the
DEPARTMENT and the LOCAL AGENCY's contractor shag be through the representative of the LOCAL AGENCY Where the LOCAL
AGENCY dtooses to perform the work with its own forces,It may elect to appoint one of its own employees engaged In the construction
as Its representative. The LOCAL AGENCY at its own expense shall adequately police and supervise all work on the above described
project by iteaff,Iteeentractor,subcontractor,agent and other:,so as not to endanger or injure any person or prop".
® 4. PERMITS FROM OTHER AGENCIES.
The LOCAL AGENCY'shan be responsible for obtaining all necessary Federal,State,and Local Permits including,but not rimited to the
Washington State Department of Ecology,the Washington State Department of Fish and Wfidfife andlor U.S.Army Corps of Engineers
prior to the beginning of construction.
® S. DOCUMENTS ON SITE.
Copies of this Permit Protected from the elements at all times during any construction authorized by said Permit,shag be kept at the
LOCAL AGENCY's Project Office and by the Contractor's Representadve(s)at the Job site. The Permit shall be shown upon request to
any DEPARTMENT Representative or Law Enforcement Oftloer. If the Permit Package Is not kept and made avallabia at the work site,
the work shall be suspended.
❑ 6. PLAN CHANGES.
+ LOCAL AGENCY PROPOSALS.
Changes toanyApproved Plan(including,but not limited to:Civil,Channetlzatlor,Electrical,Traffic Control,and Temporary Erosion
and Sediment Control),Project Special Provisions,or the Provisions of the General Permit are not allowed without prior approval from
the DEPARTMENT's Construction tion Representative.
• DEPARTMENT RECIRRED CHANGES OR CORRECTIONS.
The DEPARTMENT reserves the right to require changes or corrections due to plan emissions or details not in conformance with the
DEPARTMENT's Standard Specifications,Standard Plana,Design Standards,or Project Special Provisions.
Form:Spedal Provisions brGeneral Pork-Caes OVER 2MPopusion EXHIBIT J—page 4
Rev:02-0411 t
❑ T. DELAY TO DEPARTMENT CONTRACTS. (Appllaable to Protects edlemia to DEPARTMENT Constructor Projsc4).
The LOCALAGENCY agrees to schedule the work herein referred to and perform said work In such a manner as not to delay the
DEPARTMENT's contractor trh the performance of Oren contract The DEPARTMENT shall In no way be held liable for any damage to the
LOCAL AGENCY by reason of any such work by the DEPARTMENT,Its ageets or representatives,or by the exercise of any rights by the
DEPARTMENT upon roads,streets,public places,or structures in question.
❑ S. ARCHAEOLOGICALIHISTORICAL FINDINGS. (Applicable to City Pro/eols within Umted Access Areas and all County Projects).
If any archaeological or historical resources are revealed In the work vicinity,the LOCAL AGENCY shall immediately stop work,notify the
DEPARTMENT's Construction Representative,retain a qualified Archaeologist who shall evaluate the site,and make recommendations to
the DEPARTMENT Oenshuctlon Representative regarding the continuance of work.
❑ 9. SURVEY MONUMENTS,
The LOCAL AGENCY shall not disturb,remove,or destroy any existing Survey Monument before obtaining a Permit from the Washington
State Department M Natural Resources(ONR). Reselling Survey Monuments shall be done by or under the direct supervision of e
Licensed Professional Engineer ore Licensed Professional Land Surv'ayaii.
A listing of Survey Monuments can be found at the DEPARTMENT's Geographic Services Office Website:
thtta•twwwwsdolweaov/m numenVacarrhBmadasnxl
❑ 10. PROTECTION OF PUBLIC AND PRIVATE PROPERTY
The LOCAL AGENCY shall assure that an Public and Private Property-including-but not limited to Electrical Equipment,Signs,Guide
Markers,and Survey Monuments,on or near the project is not damaged,destroyed,or removed. If any such property is disturbed.the
DEPARTMENT Construction RepraeemaUve shall tie notified within eight(8)hours. Any Private or Public Property that is damaged,
removed,relocated a rendered less functional shall be replaced,repaired,or fully restored to the satisfaction of the DEPARTMENT's
Construction Representative. Construction shall be In confdn rwce with the DEPARTMENT's Standard Specifications,Standard Plans,
Design Standards,or Project Special Provisions.
❑ 11. PROJECT INSPECTION,MONITORING,AND-ACCEPTANCE.
• INSPECTION.
Ali construction an Items within DEPARTMENT jurisdiction and maintenance responsiblllly,is subject to Inspection and monitoring by
the DEPARTMENT.
The responsibsfiy,of the LOCAL AGENCY for proper performance,safe conduct,and adequate policing and supervision of tits project
shag not be lessened or otherwise affected by DEPARTMENT approval of plans,specifications,or work,or by the presence at the
work site of DEPARTMENT representatives,or by compliance by the LOCAL AGENCY with any requests or recommendations made
by such representatives.
• PHYd[CAL COMPLETIOWCONDITIONAL PROJECT ACCEPTANCE
Upon eompkilon of construction,the LOCAL AGENCY shall request a Preliminary Final Inspection of the items within
DEPARTMENTjurisdIckm and maintenance responsibility,per this General P&mIk for Conditional Acceptance by the
DEPARTMENT.
After all construction items within DEPARTMENT jurisdiction and maintenance responsibility per this General Permit are satisfactorily
completed,the project shall be considered to be Physically Completed by the DEPARTMENT. The DEPARTMENT shall then grant
Conditional Acceptance tic the LOCAL AGENCY
After the project has been Phjrslcally Completed,the DEPARTMENT shall hold Final Acceptance for a minimum of one(1)year
after Physical CorupletodConi illonal Acceptance of the project Is granted to assure proper workmanship,project quality,and
public safety. Should a problem occur,the LOCAL AGENCY shall take immediate corrective action.
• FINAL PROJECT ACCEPTANCE.
After the Project has been monitored for a minimum of one(1)year.the DEPARTMENT shall grant Final Project Acceptance to the
LOCAL AGENCY:provided any problems with workmanship and public safety have been resolved to the satisfaction of the
DEPARTMENT,the reimbursable account has been paid In full,and a Complete set of As-BUR Plans have been received by the
STATE's local Agency and Development Services Office.
❑ 12. TRAFFIC CONTROL AND PUBLIC SAFETY.
• TRAFFIC CONTROL PLANS(TCP's)
During the construction and/or maintenance of this facility,the LOCAL AGENCY shall submit Project Spacft Traffic Control Plans to
The DEPARTMENT for Review and Approval at[seat lair(10)working days In advance of the time that slgmng and other traffic
control devices will be required These TCP's shall be to coinpllaihae with:(1) M5444-WSDOT Work Zone Traffic Control
Guidelines(b=//www wsdotwa aoNOublimtonsfmanualslfulltexi 164440orkz'i ' , (2)The Manual on Uniform Traffic Control
uwcas(mu T CU)forStreets and Highways-Part 6.Chapter 6H(hMrgMutodtheredotgm*r M003rllnarWi3ort6hlhhnl and
Washington mcdigmtloms thereto.
• MODIFICATION OR REVOCATION OF APPROVED TRAFFIC CONTROL PLANS.
The STATE reserves the right to modify or revoke any Traffic Control Plan at any time due to safety and operational problems for the
traveling public. All costs and time delays associated with modification or revocation shall be bonne by the LOCAL AGENCY or their
contractor.
Ftmm:.bypdal PmrsbM forGerrerei Permit-Cities OVER 25000 Population EX MIT J—page 5 p
Rey.02-09-1
❑ 12. TRAFFIC CONTROL AND PUBLIC SAFETY(Condnuad).
• PERNII I I D HOURS FOR LANE CLOSURESIDEPARTMENT NOTIFICATION.
The working hours within State right-0f-way for this project are restricted per the Approved Traffic Control Plan(s). Any extension of
these hours must he requested in writing and approved prior to concoction.Weekend or Holiday Qnduding Canadian Holidays-
Skagit&Whatcom Counties)yolk is not permilted withuutwrittmh permission from the DEPARTMENT. Five(5)working days
notif caVan shall be given to the DEPARTMENT Construction Repnesematve prior to any lane closure.
• SUSPENSION OF TRAFFIC CONTROL OPERATION&
The DEPARTMENT reserves the rigid to suspend all lane closure operations due to una:npected emergencies or impediments to the
flow of traffic. Ali costs associated with this suspension shall be home by the LOCAL AGENCY or their contractor.
• HAZARD PROTECTION.
All liazaids ro vehicular,pedestrian,and bicycle traffic shag be marked by warning signs,barricades,and lights.
• STORAGE OF EQUIPMENT AND MATERIALS.
Ali lanes shall be open and the shoulders shall be Gear of construction equipment and materials during non-working hour:. The
Work Zone Clear Zone(WZCZ)applles during working and nonworking hours. The WZCZ applies only to temporary roadside
objects Introduced by the Contractor's operations and does not apply to pre-existing conditions or permanent work. Those work
operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans,and other Contract or
Permit requirements.
During nonworking hours,equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or
temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the DEPARTMENT approves the
Installation and location.
During actual Flours of work,unless protected as described above,only materials absolutely necessary to construction shat be within
the WZCZ and only consmiotlori vehicles absolutely necessary to construction shag be allowed within the WZCZ or allowed to stop or
park on the shoulder of the roadway.
The Contractor's nonessential vehicles and employees private vehicles shag not be permitted to park within the WZCZ at any time
unless protected as described above.
Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing,and the
DEPARTMENT has Provided written approval.
❑ 13. WORKER VISIBILITY.
Ali workers within the STATE dghWf-way who are mgiosed either to traffic or to construction equipment wltdn the work zone shall wear
high-visibility safety apparel meeting Performance Class 2 or-3 requirements of the ANSMSEA 107-2004 publication titled 4American
National Standard for High Visibility Safety Apparel and Headweaf
❑ 14. MATERIALS AND QUALM ASSURANCE!QUALITY CONTROL(QAIQC).
• MATERIALS AND WORKMANSHIP
All materials and workmanship shall conform to tie Washington State Department of Transportation Standard Specifications for
Road,Bridge and Municipal Construction,current edition,and amendments thereto,and shall be subject to inspection by the
DEPARTMENT
• APPROVAL OF MATERIALS-REQUEST for APPROVAL of MATERIALS SOURCE(RAMS)FORM and QUALIFIED PRODUCTS
Wmagmerk).L).he placement of any materials,the LOCAL AGE NCY shag: Either suomlt moles of the LOCAL AGENCY approved RAMS
nB Materiels Menufacturere and Suppiihus for. Earthwork,Aggregates,Aaphet end Concrete Plants,Pil Sites,Mlx Designs,
tnage 3 Welures,SMping and Pavement Markings,and ElecMCal Materials,Shop Drawings,and Oatalogus Cuts;to the
MENT for mnahrrence;OR flit out aria submit RAMS forms to tl�e DEPARTMENT for approval. 7fia'cirrerit QPL shees for
terial shall ba submlted. (The QPL ran be located on_the DEPARTMENTa wob ails at:w wsdot wa bovbi bn•rdnwJQPL Search c(m. NOTE: There may be edditlonal amaptance actions,including
,noted on the QPL"or RAM that need k ba mmpleled prior fo the materials being mrarporsted into the work).
• MATERIALS TESTING/REPORTING OF RESULTS.
All materials testing a to be performed by the LOCAL AGENCY or an Independent Certified Testing Laboratory of their choke.
Frequency shall be determined as per the DEPARTMENT Standard Speci icatons. Copies of all test results shall be submitted to the
DEPARTMENTS Construction Representative prior to beginning the next phase of construction. The DEPARTMENT reserves the
right to verify the feat results nrto perform the testing.
• HOT MIX ASPHALT(HMA)DESIGN.
Prior to Paving Operations,the LOCAL AGENCY shag submit DEPARTMENT approved HMA Mbt Destgn(s)for use on this project
• PAVING OPERATIONS.
NQ Paving Operations will be permitted during pefiods of rain or snow. Written permission from the DEPARTMENT s Construction
Representative shat be required tpning operation begin before April I" or after October 14 Surface temperatnie furiitations es
per the WSDOT Standard Specifications shag be enforced.
Form:Speelei Pmvlaors for General Remit-Cities OVER 25000 Population EXHIBIT J—page 6 3
Rev: 02-09-11
❑ 14. MATERIALS AND QUALITY ASSURANCEIOUALRY CONTROL(OAICC)(Continued).
• CONCRETE MIX DESIGN.
Prior'm any placement of Cement Concrete,the LOCAL AGENCY shat)submit DEPARTMENT approved Ma Design(s)for use on this
Project
• DRAINAGE STRUCTURES.
Only structures stamped APPROVED by the DEPARTMENT's Fabrication Inspection Office shall be used on this project
❑ 13. PIPE END TREATMENT. (Applicable to City Pmjects within Limited Awow Areas and of County Pcloctaj.
All cidni&l:pipes shall havebeveled and sections and quarry spells shall be placed around and of pipes In the bottom of the ditch.and on
the side of the slopes.
❑ 16. UTLILTY COVER ELEVATION.
Ail maMoles,valve covers,and like appurtenances shall be constructed at such an elevation to conform to the shoulder slope from the
edge of Pavement or as directed by the DEPARTMENT.
❑ 17. UNSUITABLE MATERIALS.
If determined necessary by the DEPARTMENT,unsuitable material encountered during any exa8vation shall be removed and replaced to
the satisfaction of the DEPARTMENT at 100%LOCAL AGENCY cast The replacement material shall be freadrelning and granular,or
Other materials as determined by the DEPARTMENra Representative.
® 18. EROSION CONTROLIDRAINAGE. (Applicable to City Projects within Limited AccewAreas and all County Projects).
• BEST MANAGEMENT PRACTICES(SMP-S).
During construction of this project the LOCALAGENCY shag Comply with the Washington State Department of Transportation
Highway Runoff Manual and Implement Best Management Practices(BMP's)as detailed In the manual to mitigate erosion.
• WATER DISCHARGES ON THE PROJECT.
All discharges to State right of way on this project sham eanfarm;to State and Local water quality regulations and shall meet WAC
173-201A.
® 19. RIGHT-0F-WAY RESTORATION. (Applicable to City f3geas within lJmNedAccess Areas and all County Projects).
Upon completion of work,the LOCAL AGENCY shall remove and dispose of all sumps,brush,limber,materials,eta o8 the right-of-way.
The aesthetics of the highway shall be as 8was before work started,or better.
❑ 20. VEGETATIONON STATE RIGHT-OF-WAY. (Appitcebtate City ProjecrswBhln Uffd dAocess AmwandaOCoun(yPtojects).
This Permit does rat give the LOCAL AGENCY,or arty agent or contractor of the LOCALAGENCY,any rights In wt,spray,retard,
remove,destroy,damage,disfigure,or in any way modify the physical condition of any vegetative material located on the highway right of
way,except by written permission from the DEPARTMENT All restoration shall be done to the satisfaction of the DEPARTMENT at the
sole expense, the LOCAL AGENCY
❑ 21. MAINTENANCE OF LANDSCAPING. (Applicable to Chims >25,011()0 Population ONLY).
The LOCAL AGENCY is responsible for the maintenance of all landscaping beyond the face of the curbs or edge of pavement and in the
median of dMded highways.
❑ 22. DIRECTIONAL,REGULATORY,PARKING,STOP SIGN AND ROUTE MARKER INSTALLATION AND MAINTENANCE
All Directional,Regulatory,Parking,end Stop Signs as well as Route Markers shall be Instated as per the Approved Plans,the WSOOT
Standard Plans,or as directed by the DEPARTMENT`s ConstnirAon Representative. The DEPARTMENT shall own and maintain all
signs-unless the LOCAL AGENCY signs a Conked or Mainteoence Agreement v,Ath the DEPARTMENT to perform Sign maintenance.
❑ 23. CHANNELIZATION PAVEMENT MARKINGS.
• REMOVAL.
Pavement Markings and Striping to be removed shall be obliterated until biemishes caused by the pavement marking removal
conform to the coloration of the adjacent pavemsnk
• STRIPINGIPAVEMENT MARKING APPLICATION.
Two iippllcagons of paint shall be required on all paint stripe markings as per the Standard Specifications.
❑ 24. TRAFFIC REVISION WARNING SIGNS.
TRAFFIC REVISION AHEAD"(1N20-9M)signs chat be Installed in advance of all affected directions of travel of the Project when the
c haonellramon of the highway is changed. The location of the signs shag be per Section 2C.05 of the MUTCD,area directed by the
DEPARTMENT$Consbucaon Representative. These signs are 48"X 413"black letters on orange background,and shall be post mounted.
The bottom of the sign shall be mounted seven(7)feet above the pavement elevation. Each sign shall have three IT by 12 Fluorescent
Orange flags or Flag Signs mounted an both sides and on top of the sign. The flags signs shag be made of aluminum. Flags shall bs
made of durable cloth or plastic. The signs and flags shag stay erect for six to eight weeks or as directed by the DEPARTMENTs
Construction Representative.
Form Spe cielPmWs lomforGenaral Pont-Ckles OVER 2WWPopulation EXHIBIT J—page 7 A
Rey. 02-09-it
❑ 25. TRAFFIC SIGNAL CONSTRUCTION. (Applicable to Cr'ty Projects within Umited Access Areas,Projects within Cities<25,000 Population,and ab
County Pmjads).
• DESIGWCONSTRUCTIONANSPECTION.
The DEVELOPER shag assure that the design and construction of Traffic Signals and Illumination on signal poles installed within the
STATE highway right-of-way meets all requirements of the STATE.
• TRAFFIC SIGNAL STANDARDS-APPROVAL
If the pmpoaed signal standards are not on the STATE's PRE-APPROVED UST
fhtto•lAvwvrwsdot we ally!eesclbrldoelgohtsfonalstendaM•andez.ehn) Signal Pole Slrop Drawings(Seven(7)sets of copies)shag be
submitted to the WSDOT Ares Construction Representative for transmittal be HO for approval.
❑ 25. TRAFFIC SIGNAL CONSTRUCTION (Continued). (Applicable to City Pm)ects within Limited Access Areas, Pmjeds within Cities< 25,000
Population,and all County Projects).
• ILLUMINATION DURING CONSTRUCTION.
Pre-existing Illumination shall be maintained and functional at all times during contraction until the new illumination Is operational,
• TEMPORARY VIDEO DETECTION SYSTEM.
If any Induction bop Is scheduled to be disabled,a temporary video detection system shall be completely installed and made
operelioned prior to any associated Induction loop being disabled.
• EXISTING TRAFFIC DETECTION LOOPS.
The Contractor shag nobly the Area Traffic Engineer through the DEPARTMENTs Construction Representative a minimum of five
working days In advance of pavement removal or grinding In areas with existing loops.
If the DEPARTMEM's Construction Representative suspects that damage to any loop,not Identified in the Plans as being replaced,
may have resulted from Contractors operations w is not operating adequately, the DEPARTMENTs Construction Representative
may order the Contractor to perfdnn the field tests specified In Section 8 20.3(14)0. The test results shag be recorded and submitted
to the DEPARTMENTS Construction Representative. Loops that fan any M these tests shag be replaced.
Loops that fall the tests, as described above, and are replaced shag be Installed In accordance with current WSOOT design
standards and Standard Plans,as determined by the DEPARTMENTs Construction Representative.
If"Me signal bops that fag the tests,as described above,are not replaced and operational wihln 48 hours,the Contractor shag
Install and maintain frdedm video detection until the replacement loops are operational. The type of Interim video detection furnished
shall be approved by the DEPARTMENTS Construction Representative prior to installation.
• LOOP INSTALLATION.
Wherever possible,Detection Loops shall be Installed after all grinding and prior to paving the final lift of asphalt
• TRAFFIC SIGNAL HEADS.
Unless ordered by tha STATE's Construction Representative,signal heads shag not be Installed at any Intersection will all other
signal equipment is installed and the cdntroller is in place•inspected,and ready for operation at that intersection,except that the
signal heads may be mounted if the face's are covered with a black opaque material.
• SIGNAL HEAD COVERING.
The signal head covering material shell be of suf dent size to entirely cover the display. The covering material shall consist of 4 mg
minimum thickness-black polyethylene sheeting,and shall extend over all edges of the signal housing. It shall be securely fastened
at the back.
• NEW TRAFFIC SIGNAL TURN-ON ANDIOR SWITCHOVER OPERATIONS.
The LOCAL AGENCYDEVELOPER shall confect the STATE's Concoction Representative at least five(5)working days prior to
scheduling a signal tumon In order to assure that all appropriate time of the DEPARTMENTs'Trefflo Signal Turn-On ChecfdisP are
satisfactorily addressed. The Pre-TtimbDh and Tum-On shag not occur until all applicable Checklist items are Installed andtor
connected. This Checklist can be located on the DEPAR_TMENTs web site at:
fdtry)hwvw wsdotwa govfNorthw t/DevelooinentSiMc n or•alMc ncv Mm(Go to: 'Whet is needed to turn on a traffic siimm-77.
• PERMITTED HOURS FOR NEW SIGNAL TURN-ON.
The permitted hours for a new Traffic Signal Tum-on or Switeh-Ovei shag be per the Approved Traffic Control Plan(s)for the specific
operation. Signal Switehover and Tum-0n operations are permitted only on Tuesday,Wednesday,or Thursday-except in the case
M an emergency. -
• NEW SIGNAL ANEAD)SIGNAL REVISION WARNING SIGNING.
`NEW SIGNAL AHEAD"(10420.902) or'SIGNAL REVISION AHEAD'(W20903)signs shall be Installed In advance of all affected
directions M travel on the Pm)ectwhen a new traffic,signal system is Installed or when modifications to and existing signal are made.
The location of the signs shall be per Section 2C.05 of the MUTCD,or as directed by the STATE's Construction Representative.
These signs are 48'X 48"block letters on orange background,and shall be post mounted. The bottom of the sign shag be mounted
seven(7)feet above the pavement elevation. Each sign shall have three.12"by 12'Fluorescent Orange flags or Flag Signs mounted
an both sides and on top of the sign. The flags signs shall be made of aluminum. Flags shall be made M durable cloth or plastic.
The signs and flags shall stay erect for six to eight weeks or as directed by the STATE's Construction Representative.
Fomr. SpkWPm*kxnlorGenerWPank-CMmOVER25000PopuMon EXHIBIT J—page 8 5
Rev: 02-Wll
❑ 26. ILLUMINATION CONSTRUCTION. (Applicable to City Projects within Limited Access Areas and alt County Projects).
e DliMGNlCONSTRUCTTONRNSPECTION:
The LOCAL AGENCY shag assure that the design and construction of all Illumination Installed within the State highway dghtrof-way
meets all requirements of the DEPARTMENT.
• ILLUMINATION DURING CONSTRUCTION.
Pre-existing Illumination shall be maintained and functional at all times during construction until the new Illumination Is operational.
Form: Special PiovBbnslciGeneralPermg-Qldes OVER 2WPopulailon EXHIBIT J—page 9 s
Raw.62-09-11
EXHIBIT K
RIGHT OF ENTRY
King County Sundry Site Plans,Mill Creek Floodplain Storage and Wetlands Mitigation Area
(Project Title: SR 167,8th St. E. Vic. to S. 277th St.Vic. Southbound Managed Lanes)
The Grantor, CITY OF AUBURN, a municipal corporation, grants to the STATE OF
WASHINGTON, acting by and through its DEPARTMENT OF TRANSPORTATION,
and its assigns, the right and privilege of ingress and egress over, across, and upon the
hereinafter described lands for a period of 1 year after execution of the SR167 Stage 4
contract for the purpose of placing personnel, machinery, and equipment on said lands to
construct an access road connection.
Said lands being situated in King County, State of Washington, and described as
follows:
As shown on map attached hereto and made a part hereof.
Dated 12012
CITY OF AUBURN
By
Title:
DOT 262- (coo) (10115110) Page I of 1 pages F A.No.F-167 ( )
T.21N. RAE. W.M. N89-57-08-W 14
969.15- 13
Lu
0 04
b ai
S90000'60"W 12.17
N8)5043!30'W 35.00
S40'16'30"W 35.00
N4*16'30"E 10.00
N8
O.-W
043
3
30
vw
5 'IN 35*10
0
RIGHT,, OF ENTRY
877 S.F. S85*43'30"E 10.00
N21046'10"E 26.21
S85043'30"E 1712
ACCESS EASEMENT
FOR TRANSFER TO
KING COUNTY AND
CITY OF AUBURN
EXHIBIT K
WSDOT RIGHT OF ENTRY
SIR 167 KING COUNTY
PARCEL 1-22952
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
0 25 50 OLYMPIA,WASHINGTON
SCALE IN FEET DATE
SHEET 1 OF 1 SHEETS
'..;.,. .
,,.�y ��'
1�����d��9���������
20130128002282
:� =�� �.:',.-.. FIRST AIfERId�UpI6OCD 75.00
; :. ..�,. �.� 001�/28-0�117�15:35
, ' �'�,A#ter;rcaording retum documeat to: Kn+c wur�r, up
^., .
�::�:��.•..�'••'� .:'StBCt 0�`'�V85h1IIg�Op .
D.epar4ii�enf qf Tr�nsportatiow;?' ;:
:.����s����:o�� � �� m.,,�'2586561
P O$oz'47336:` _ ` `° ~{ ,'� �eize:s is:ae •
Olympia WA98�ff4-7338;:�� '';:' ;"`'`� ax�TY. ua
'';�� s�e.ee
;` , . se.ee vr�-ee� oF oo�
,w. ,�'
"' ;:� ,.�' ::,,; ,
Docmr+ent Title: Quit�tl'aim De�` �'� <. �
Reference Number of Related D,r�ccunrents`'N/�, �� ''?
Grantnr: CityofAuburn
Grontee: Swte of Washingron;`D!gparlme{it o,�'Trgnsportq�io!�`:'` ;,. Y
LegaJ Descriprion: Ptn ojthe SE',4 aj1',Seeiioh l�; T21N"R4�,.W,i1f I�qg Cow+ty •
Additronal:�,ega!Description is oR Page 4 oj'Do�ment. :�` ::`• �" . ' .. ;�;�::
AssessorsTitY:,ParcelNumbers: Ptns142164-9009-1Y7;f421194-S�bW�93; 1�f1104,,:904'8-
00: 142�04-9044:09; 142104-9050-05: 14110�.Q115•�/-O�J ...... �' •
x.
QUITCLAIM DEED `�
'PGi.ag County $Unilry $ite Plans, Mill Croek Floodplain Storage and Wet��rids Mitigation
Ares:. '�
The Grmntor,..'1C1'!'Y.,;OF,,l1,yBtiTRl+l, a muniapal corporation of the State of
Washington, foi`>•,I�nd ir��'�considieratfbn ;bf.r[he; sum of TEN AND NO/100 DOLLARS
($10.00), and other"'v"aluabfe c0acideratio�; hereby:conveys and quitclaims w the Stste of
Washiagton, sctlng by sNd tli�1`oitg�p ib Depai�Gmeut:o�Trsnsportstloa, G�ant�, the
� following described real pr6p4,rty,,.�rid.any afte�:.�ecywrpil intet�st therein, situeted in King
County, in the State of Washington, under Ette jmmine�►t th1'eat of the Grantee's exercise of
its right of Eminent Domain: '
.. „
For legal description and additional�onditiotis, �':� �
see Exhibit A attached hereto and made a part,�ieraDf
,r'� ...� k�..
. " ,... .e
. FA.,,No.F.1�67( );:`
• RES-306 Prej�eCNo.y416TO1C;`
Revised 06/10 Page 1 of 4 pages Paral No:;l-27g52 „' .
,�', Q171TCLAIM DEED
;
�`
.. ,r`' ..,
�';�. .�a •. -':
.,:,. � : ,
Aiso,,:the,k3�ntor requests the Assessor and Treasurer of said County to set over to
�"... :;the��remdinder:of the adjecent C,,ity'of��Auburn owned PmPerty, the lien of all unpaid �es,
�::i�'�aayr;affectj6g Ua�r�l e�tat�'herej�;�COnveyed,es provided for by RCW 84.60.070.
. tiV . ;' ,';
�`°�is',unde�;tiood and;ageed't�i"s't de�i.�r,y�ofithis deed is hereby tendered and that the
tertns and otiligationg.•fiera�Df strall aaot becbme`�igding upon ihe State of Washington unless
and until aax(5t�d°a�epprc4"val,ltiereon'i�'�v�titing for the State of Wsslungton, by and
. ..,;. ,.
tluough its Departmen�*ofTsansspurtat'[on,.�by i�suthorized agent,.
. �� N
N
_ .r
Dated t«�w� •, ;`' (�: ,�°.•`
cz<J ';:2 12.'
. :. :
. :.,,., ` ;: •: .:. ;` :,` „`.
�:.
,. � �'"'a
',,.t.,, ,.,
CITY OF a muni coiporation' �•.. ..,...
;�.
.
By;�' ;•..' . .....
PE'fERB. I,EWIS MAYOR ,.."'"
�� ...,., .
,r'� •
,.. ,r` Accepted and Approved
^-.. � ,;,'S'C'�1'E�OF:}T✓ASHINGTON,
,.., DepathnenY oYTransportation
:; r•�.„.:.: . � � ..
,� hn:3..,f. . NortHwesi'�egion[teat Fstaze
..`:>Services Manager,hntkwrized Agent
' Date: �.`�� � � ��':.;;' .
. ; .... ,,..,..,.....
,.., .;�
,.,. '�:
RES-306 Page 2 of 4� Percel No:]-Z2952 :," r,,,,?
. ''+:;
,..s
, ,', QI;�TCLAIM DEED
r; .
�°i�.
:;. S'f`AT�OF}lVASb�B?iGTUN�:�'�, �� .
'.:� :!` .:• ::` . ,r..�:.r: �.... �.z.
Cowi of L�in �'• �°
b!.. &` ;;` ;' ;>„^�' �
• . _ . . ;.,;� . :.r
.�v�:,' ':
On ttii§ ,.�;``�d�,q of:� . �avw��� 2012, before me personally
appeared PETE:IT"B. LEWIS;'to �e kpqVv�i'to''be the duly elected and qualified Mayor of
the City of Auburn, 1�?AShi�gton whti e�,ecuSed thF,,within and;fnregoing inshument and
acknowledged said instivdi�t Yo be`thp�'&ee`amd'volui�►tary act�ani�dead of said City, for
the uses and purposes therein inent'roneli,aeiil:each nn oaf�statttl,t#iat he was suthorized to
execute said instrument. ,.
GN,�N under my hand and official sea!tl���tlay an�yeai�laqt abo`v''C�:written.;:;::,
s
:' a$���h��' �.,...,:�'� .:,•, � �r' .�...�.�..:..,�.:.,... .;.
�___��:,,,NQ������ ,�,,.[�, �'�;,�--, .;;�� ., ,
� - . � �._.c,�„ ` ;
�. s Ui- '� ` .. ' : No rint neme � • � ��/
� a�',,•:'�' F? $ 2 . �'�P )
Riry++�G.r`.i�iqtL.L�.Jh
.
�''� ' oy �' 'p �� Notary Public yi and for the Sfate`pf Rfiasliin$ton,
y �ctM �= residing at Ck c«+n.clst,..1 �
a� MY APpointtnent expires /o �LS-?4X
.,._ -'k���ti����p��`�� .
,.. ,;�
.. �.�4:.
. . .i.�� ' �ii i
RES-306 Page 3 of 4 pagea Parcel No:]-22952 ;', ,, ,.��'�
. '�!r
".�,. . .
;�, QUITCLAIM DEED
..r' ..,
`;,., EXHIBIT A
^: r`Va'� p,'
�"`A�ll dtat pr>rtion;Df t};e saut]teast q`�Uaite�•oP6ection 14,Township 21 North, Range 4 East,
W.M:,I�n�Caunt�;Wa'shimgton,,�e�s�libed�is foJ;lows:
,... ,; <, , ..�a, �•
<' � sN
Beginning at��the no�'heast cot'her"of the ,pozt}i�St quarter of the southeast quarter of said
S�tion 14; theri't�e'Nort�89°•57'0&"W��d9:�,9 feet to the easterly mmgin of West Valley
Highway, thence Sout#i 1�A53'25" Vwest;alodg sai�(„easterly m.argin 142.99 feet; thence
continue southerly along�..�he said �ste,tYy etiar$in alOng the aFc;trf a curve m the ri�t
having a radius of 2,895 feek; an;'are'dist�rsce o#'.�24.p5 feet;,,9aid point being on the .
southedy boundary line of an`e�cisting 24 ,foot,�anEf,ary:�se`6ei^,easement recorded und�
Rxording No. 8109100300; thence�South:'85°AO'28" t°as(,'alQiiB ttAe„southaly boundary
]ine of said:,sanitary sewer easement 49.23 fadt,.to.,the 1'tue,•.Pouit of��e�inning;"thence
conrinuing Saiath SS°40`28" East, along said•souther�j+ho�mdgry�i���.•�383:�2 fepf; t�tence
South z,2°12'39"`��,Vesc 10436 feet; thence Soiith,2�'S8'40"..'East�'S�3:3.t��.�'eet; th�ce,;:�outh
43°20'68" yWest 198.65 feet; thence Sauth 27°37'2$" 1Vesf 54,41,; feer� thence' South
58°04'28" �ast; 195.33 feet; thence southwesterly alorig•`the arc�o�:;a cuKve�to ;i�►e right
hav,i�►g a;Fadi►is oti�50 feet, an anc distence of 10.40 f�; Ehence Soutki 3..5°4U'35" West
3&4.02 geet; tf�enc� southwesterly along the arc of a curve to�tti�e"ri$ht,#�a�ing'a radius of
350 fe�t, ac�� arc distmnce"6f.391.75 feet; thence North 80°l l'35" We�:�11''5.63�feet; thence
5�outh 09°'48'2�r Vl+est.1,2.15:.feet; thence North 69°41'20" West 61.88 t"ee#, thence Nath
1G"34'03" F.�4t ;278,63 :feet� thence North 23°29'46" East 227.32 fcet;` thence North .
21°53'S6"�East ��SO.SS fe�t;tt�enee'T�'orth 12°55'06" East 91.65 feet;thence North 38°44'24"
East 163.99 feeE;thence Nodtti 2 t°46']0"East 74.40 feet to the True Point of Beginning.
� ::
The lands herein described cqnt�in an �tea;`of 43`P�;$58 square fcet, more or less, the
specific details c:oncerning all o}`�w}ticlt,are:�to be fo.t?nd'an sheet 69 of that certain plan •
entiUed King Counry Sundrp,.,�it,e.�platis, ]v1iI1,:�reek;Floatlplain Storage end Wetlands
Mitigadon Area, now of record and on,"file�an„the office ofthe SeCretary of Transportation
at Olympia,bearing date of approval A{ugust 6,20l39,revi5ed`4vtay 3;�Ut2.
.. y
�i18I1 1 �
.. �; ...i ���.
. �.. �
�.�. u.
RES-306 Pago 4 of 4 pages Paral No.;1-22952 ,:
, . ,
:`yj���
�����������������
'� �` � �` -� 20130128002283
,i� .:�'� .;•F`•..:..':; FIRST AIPcRIOAN Om 75.00
.,. . PpGE-001 OF 004
��FA'RCf:lCitQfaltlg TC'LUTII a0CU1i1CRt t0: KINTG.B/�TYIS'.�39
�.,._ :State of.:Washington .."`
DCpartihentvfTran§portatio�t:.', ,
��`Rea!�staCe$erv}ces:Offite; :.,��` _..„,,�586565
P O B9?t`4'�338::: :' < �s` r,��� �e /zeizeta ts:aa
Olympia WA 9$5ti4-7338�` " :� °.,:" ra�N�v�arr, ua =ie.ea
,�' sla.[ ie.ee vac�-eei oF eei
Document�tle: Quite.'laim7Jeed � ;''� , ��,� ••;
Reference Number of Relafed Documen�'�81091d0300" .., `•: :^
Crantor: City of Auburn .,'' :� ;? :`' ;:' .. ;. "':.,
r`-:
Crantee: Srate ojWaskington, D.B'partinerrt a,�'TrdnspQrratiort �` „ Y
Legal Description: Ptrs ojthe SE�/.ofSettion 14' TZ1N"lP4,E', i{�f. Kir�g,County
Addrtionallega!Description is on Pag�4 af'Ddprraent :�"� :? ;''' ' <.. ":>.
Assessor's Tai°P..arcel Nwxbers: Ptns/4110�-9009-Q7•1`'421�74-9174,S=fl�;f141104t`90,448-
. � :. :�
00. /41t04-904gd19: l42104-4050-OS: 142104'-AUSf-OJ ` -....,. �
QUITCLAIM DEED �
�Kang Cotinty Sun�ry $ite P1iNas, Mill Creek Floodplain Storage and Wetla�fds Mitigation
Are�..
The Gr�ntoi`�..-CCCy,�pF ,A�JB[7JLN, a municipal corporatioa of the State of,
Washiagton, foi`and in �clusideSatioh:of..�el¢asing the Grantor's interest in sewer easement
recorded vnda RecoY'ding l�io. 8109100300, hereb�`aoaveys and quitdaims to the Stste of
Washington, acting by ai�d t$rbhgh its Depssxmeiit of Trsnsportadon, Grentee, the
following describ� real prop�rty, arid any 8tter;scqyiretl iatt�yst therein, situated in King
County, in the State of Washington, uqder the iinmindit tivCat o�'3he Grantee's exercise of
its right of Eminent Domain: � �
For legal descriptioa and ada€qionai conc,�ernis. .;`.:`�
sa Exhibit A attached hereto and made a part fie�f
.. .��� y ... .V,r+��• ,
PA No.F+16�( )„'' =,
RES•306 Projl�CC'No,;A162D1C:>' ' �:;
Ravised 06!10 Page l of 4 pages Parcel No:;]-22452 :;'
��, Q1)ITCLAIM DEED
,` :
... �� ... .
":,
��'�� :` It is:umierscood�and ag�ed"ti1�delivery of tl�is dced is 6ereby tendered and that the
.:..teRns 8nd:obiigapdns�her�o�'�all�become binding upon the Siate of Washington unless
aad tintil: and spproved'"herec�ti �in"pvriting for the State of Washington, by and
. acce�ted.: t
, ;:.:.
throu�::its Uepa�ent,bfTrans�yk�on,,,b�''itg 8athorized agent.
�' ,,; s�
g; ': .::
``':+: ;'�' '' v' {�� , .
Dated�/Y4.n�tti+�3� ,. ,,�2SiQ,,.
�.:Y:� ����R
,M
C1TY OF AU ,a munici�al..CO�porapon' '`�� '
:.Ii�N:
• M
Br ' � "i..'td+....n., �,
P :L � MA ,x. `�r ., .,...� ''j, `�
�� . ,
Accepted and Approv�d,,......;,
,,. STATE OF WASHINGTON,"" �
Department of Transporta6on "`
:`] L.J orthwest Region Real Estate
'"' " ' S�ivices.,M ,Authori Agent
,... ,�i8r�:� '���/ /
' r ...,
a.............:.
� j�F
��n. µy. 1•��'
RES-306 Pagt2of4pages PercelNo:�1-22952 ;,•' i:;,,�'
"'�:�
,,o�
,', QIf�TCLAIM DEED•
v' �
... 1�~ ...1
.. '' S7'AT�0��1�AS�TE?lGTOl�;`'` _';.J
<.- :� : :: ' : �....,„,::.
Couii�.Pf I�ing� ',r,:�,• �t,�
}. •.:�....^''�y ,' :' ,..�,,. :% "',
. '•• 1 •�" : �+-,� ( �'
On thi�,�� de of�/P, , 2012, before me personally
�,— y � "�' �!'N
appeared PE'fEIt'°9. I.�'WLS�;`to �[e Iq�o,d'vt�to',be the duly elated and qualiSe3 Mayor of
the City of Aubum, Washilsgto�s whG e��ewted thg,witUin and�f�regoing instrument and
adcnowlodged said insritttfiart to be`�th�''free and��voliiiltary act:en� deed of said City, for '
the uses and purposes therein mentcone8,arifl,escl►,su1 oe4h statel3,t�at he was suthorizad to
execute said instrumeM. ..
:,,;:
GIY�N and�my hand and official�eal Eheday aad�year la3t above.tvritten.;':<: •
.. v,:,.,r�....,,.
�
�.+'� ���'� r;;-
f� � � ,w. � ..,...
.� �r� �°�� a.f�c.
Fr . o ' . . ,... ,, ;: ;:' ;;
;"y •• I �Y .. Z : TTOY8TY�Pnntneme� �SC.'rw•!/�G�4+
� ;� �� ' � � s Notary Public in and for the St�roe°Qf Vl�'�a5liington,
f�. `� �. �e.= ���� ,w�4",:,;� ..
sm � MY APPoiabaeat expires . �z.S•ddX :
IN\N��.,
.., �;'' '
.... :';.••
.. .�...n�. :?q.�e��.
+;:
RES-306 Page 3 of 4 pagos Pa:cel No;:1-22952 ;' r::.,;'�
:�` QUITCLAIM DEED
,r :
.. ,�` ....
�'d.
EXHIBIT A
,�;;�� $,.
�.''7'hat:poi4iop of.;Yhe southpast qu�'er ofSection I4, Township 21 North, Range 4 East,
WMf;-lyiag:sou.the� o�tlig souttp`�lia�e of tl�e�fortk► 230 feet thereof, included within the
limits of a strip 8fland.�20 fea ia,�d'dth thie�ne of which is dcscribad as follows:
Commencin�•st a pqint oii th��east�ly ex��si0n"of the north line of said southeast quarter
which is Soutfi°$9°55'1�" East 26:§5 fe�t �the northeast corner thereof; tha�ce South
12°51'07" West 73.56' feet; thynce�'Sou�h 28°21'3,Q" West 214.23 feet; thence South
29°06'44" West 280.16 t'eet; th�i►ce,j'�a�di 8SJ°4�'28" Vl7est 560.�34 f,eet to the True Paint of
Beginni»g; thence South 25°2¢'44":WeSt 3?5:00 feet�,thehce S� 19°58'17" West 329.94
fcet; thence South l6°20'l6"WCSE`32,5:OO.feet>th�ce':�locth 8b"22'25"West 237 fcet,more
or ]ess to an inte�ssxtion with the easterty margfn of S�I81 (West Valley Highway) and
the te�minas.of this centerline description. ,... ,,"`
��:,.�,,...
TOGETHER WC�'H a suip of land 10 feef`in width�`the'wast�Fy�..mergi� of`w�tich is
descriFsed a�beginhing at the terminus bf the last above desc�l�ed c�nteRiqC;tlienge South
16°37'0?":VVest 21„fcet, more or less, along the seid"�stet�ly }ha�n of SR 1,.81 (West
VaUey FFighway) Co its intersection with the northcvly'mazgin of SR k'b7;�VJe�t Auburn
in�rchaiige and t}�terminus of this description. ""
c,rkncedstiirtio�s
� .., �i:;....:
': .�.. ...� 4 ^�,..
o. '.
i... �:
RES-306 Page 4 of4 pages Pereel Na;'7-22952 ;'' �,:.;'
. ., . v
:�s� ��c�v a�s3� �
� ��g
AFTER RECORDING RETURN TO: CONFORMED COPY
ATTN: REAL ESTATE SERVICES
DEPARTMENTOFTRANSPORTATION 2013�1180�1979.
- P.O. BOX 4733H� � FIRST RMERICqN OCD 78.00
OLYMPIA, WA 98504-7338 ei�iaizei°aFi°s°ia
GUIVrUKI'IW buri
E2585524
Document Titlea Quitclaim Deed evsaneia is:sa
ReferenceNiimberofRelatedDocumenf: N� rax gse.ee
Grantor: $tate of Washington SRLE E0•� PRGE-001 oF eei
Grantee: City of Auburn
Legal Description: Pm of SW'/.SW'/< and NW'/<SW'/< in Sec. 12, T21N,R4E;W:M.; King
County
Addirional Legal Description is on Page 2 of dooumeut
Assessor's Taac Parcel Number: Ptn of 1 22 1 04-901 1 and 122104-9012
QUITCLAIM DEED
SR 167; Auburn: 17th St. SW to S. 285th St.
The STATE OF WASHINGTON acting by and through its DEPARTMENT OF
TRANSPORTATION, Grantor, for and iu consideration (1) OF THE CITY OF AUBURN
ASSUMING IN PERPETUITY ALL FUTURE POST-CERTIFICATION PRESERVATION
AND PROTECTON OBLIGATIONS AS FURTHER PROVIDED HEREIN, INCLUDING
ALL 1VIAINTENANCE AND OPERATION COSTS ASSOCIATED WITH SUCH
PRESERVATION AND PROTECTION OBLIGATIONS OF THE ENVIRONMENTAL
MITIGATION SITE LANDS IN PERPETUITY AS REQUIRED BY RCW 47.12370; (2) OF
THE SETTLEMENT OF K1NG COLJNTY SUPERIOR COURT CASE NUMBER 07-2-16064-
7; (3) OF THE BENEFITS CONFERRED BY THE SETTLEMENT AGREEMENTS
BETWEEN THE GRANTOR, GRANTEE & THE AUBURN LAND COIv1PANY, hereby
conveys and quitclaims unto the CITY OF AUBURN, a municipal corporation, Grantee, all
right, Utle, and interest in and to the following descrilied real property situated in King County,
State of Washington:
RES 411 Page 1 of 7 Pages IC# 1-17-09476
Revised 1/2011 City info: C-2
Those portions of the southwest quarter of the southwest quarter and the northwest
quarter of the southwest quarter of Secrion 12, Township 21 North, Range 4 East, W.Ivf., in King
County, Washington, described as follows:
Beginning at a point on the easterly margin of West Valley Highway opposite Highway
Engineer's Station (hereinafter referred tb as HES) 579+17 on the SR 1671ine survey of SR 167,
Aubum: 17th St. SW to S. 285th St., and 1,182t feet westerly therefrom; thence easterly to a
point opposite HES 579+12 on said line survey and 1,013 feet westerly therefrom; thence
northerly to a point opposite HES 580+21 on said ]ine survey apd 1,021 feet westerly therefrom;
thence easterly to a point opposite HES 580+12 on said line survey and 763 feet westerly
theiefrom; thence northerly pazallel with said SR 167 line survey to a point opposite HES
581+68 thereon; thence northwesterly to a point opposite HES 583+29 on said line survey and
917 feet westerly therefrom; thence northerly to a point opposite HES 585+49 on said line
survey and 916 feet westerly therefrom; thence northeastei�ly to a point opposite HES 585+97 on
said line survey and 802 feet westerly therefrom; thence northwesterly to a point opposite HES
587+01 on said line survey and 860 feet westerly therefrom; thence westeriy to a point opposite
HES 586+37 on said line survey and 1,188 feet westerly therefrom, said point being on the
easterly mazgin of the West Valley Highway; thence sontherly along said easterly mazgin to the
point of beginning.
This property is a,Wetlands Area created as mitigation for work authorized by the U.S.
Army Corps of Engineers, Seattle District, Regulatory Branch, p.ermit number 200401241. This
Wetlands Area shall not be made the snbject of a future individual or General Department ofthe
Army Permit Application for fill or other development, except for the purposes of enhancing or
restoring the mitigation associated with the "SR 167", 15th St. S.W. to S. 180th St., Stage "3"
project.
Grantee understands and agrees that the Grantoi is reserving ownership of all rights of
ingress and egress, to, from and between the SR 167 right of way and the property abutting the
SR 167 right of way, including all rights of access, light, view and air, and access control as
shown by the access prohibition symbol on said highway plans along the SR 167 right of way
and along abutting properties on the right of way access plans, Grantee, its successois or
assigns, shall have no right of ingress 6r egress between the SR 167 right of way and abutting
properties, or the state route and the lands herein conveyed that show the access prohibition
symbol on said highway plans. Grantee, its successors or assigns, shall not b:e entifle8 to
RES 411 Page 2 of 7 Pages IC# 1-17-09476
ReVised 1/2011 City info: G2
compensation for any loss of access, light, view, or air occasioned by the location; construction,
reconstrucrion, maintenance, or operarion of SR 167 and/or roadway facilities constructed
thereon.
The specific details conceming all of which may be found on sheet 6 of that certain plan
entitled SR 167, Auburn: 17th St. SW to S. 285th St., now of record and on file in the office of
the Secretary of Transportation at Olympia, Washington,bearing date of approval June 12, 1969,
as revised.
Subject to all ezisting encumbrances, including easements, testrictions and reserJations,
if any.
The Grantor hereby retains an easement to continue the use of any drainage ditches,
culyerts, or other structures located on the described property for the purpose of conveying water
to or from the described property. The Grantoc also hereby retains an easement over, under,
upon and across the described lands for the purpose of the perpetual right, power and privilege to
continue past and current drainage, flowage, and storage of water (and any accompanying
sediment) caused by or due to natural phenomenon and the construction, operation, and/or
maintenance of the existing SR 167 highway and its associated ditches, culverts, and other
structures. As part of this easement, the Grantor also retains the right,power, and privilege to use
the described lands for the purpose of future additional or different drainage, flowage, and
storage caused by construction, reconstruction, operarion, and/or maintenance of later changes to
SR 167 and any associated structures, to the extent the different or additional watei does not
violate environmental permits issued for such changes to SR 167 or prevent the Grantee from
maintaining the existing mitigation sites on the described property. PROVIDED, that this
easement does not prohibit the Grantee from altering drainage on the described lands, but only if
doing so would not violate the directions of any regulatory agency goveming the mitigation site
or the terms of any doouments creating, permitting, or certifying the mirigation site that has b.een
constracted on the property, as those documents e"xist on the date of convayance or as they may
be amended, superseded, or replaced in the fiiture with the approval of the responsibie regulatory
agency, and only if doing so does not adversely impact the Grantor's easement. As part of this
easement, the Grantor also retains the right of ingress and egress over the described lands to
monitoi and inspect drainage from the SR 167 highway and its associated ditches, culvei-ts, and
other structures. The scope of this easement does not anthorize land uses that would hann the
compensatory mirigarion that has been built on the described property or that would violate the
RES 411 Page 3 of 7 Pages IC# 1-17-09476
Revised 1/2011 City info: C-2
terms of the documents creating, permitting, or certifying the mitigarion site that has been
coristruc.ted on the property, as those documents exist on the date of conveyance or as they may
be amende.d, superseded, or replaced in the future with the approval of the responsible regulatory
agency(listed below).
AND subject to Grantor retaining an easeinerit for access, ingress, and egress to allow
Grantor to conrinue performing maintenance and monitoring until the mitigation sife on the
conveyed pioperty has been certified by the agency requiring mirigation, but Grantor shall
provide notice to Grantee before eaoh nse, and said easement will expire upon certification.
This property is being conveyed subject to the terms and conditions of followipg
documents creating, permitting, or certifying the mitigation site, as those documents exist on the
date of conveyance or as they may be amended, superseded, or replaced in the future with the
approval of the responsible regulatory agency, specifically including the obligarion to perpetually
maintain, operate, monitor,preserve, and protect the mitigation site located on the property. The
teans of these documents aze hereby incorporated by reference into tliis Deed, and each party
shall maintain a copy of all the listed documents with its files and records related to the property
conveyed by this Deed.
"Conspicuously display" notice dated 11/18/2005
Notification of Administrative Appeal Opinions and Process and Request for Appeal
dated 11/16/2005
Form Letter from the Department of ttie Army dated 11/16/2005
Letter from the Department of the Army dated 11/16/2005, with blank Certificate of
Compliance with Department of the Army Permit attached
Department of the Army Permit No. 200401241; dated 11/18/2005, with mul6ple
drawings attached
Letter from Department of Ecology dated 9/15/2005, with Order#2689 dated 9/15/2005,
and unsigned Attachment A attached
Department of the Army Section 404 Permit #200401241, transfer signed by the City of
Auburn
United States Depariment of khe Interior Fish and Wildlife Service letter concurring with
W SDOT's Enclangered Sp.ecies Act findings, dated September 3, 2004 .
RES 411 Page 4 of'7 Pages IC# 1-17-09476
Revised 1/2011 City info: C-2
National Marine Fisheries letter concuning with WSDOT's Endangered Species Act
findings,dated September 7, 2004
State Environmental Policy Act (SEPA) Determination of Non-Significance SR 167 15th
St. SW to S. 180th St. Stage 3 (MP 13.25 to MP 24.97), dated March 30, 2005
_.
National Enyironmental Policy Act (NEPA), Documerited Categorical Exclusion, SR
167/15th St. SW to S. 180th-Stage 3, dated November 22, 2005
Section 401, Individual Water Quality Certifioarion # 2689, Washington Department.of
Ecology; SR 167/15th St. SW to S. 1$Oth-Stage 3
The Grantee's use of the property is, expressly and perpetually restricted to only those
nses consistent with preserving the functions and values of the property as a mirigation site and
those uses consistent with the terms of the above-referenced documents and as provided in the
Settlement Agreement and Agree.ment to Tiansfer Real Property between the State of
Washirigton and th'e City of Aubum dated August 1, 2012. This restriction on Grantee's use of
the property serves and benefits other real property owned by the Grantor and upon which the
Grantor constructed the project for which the above-referenced permits and documents were
issued. The restriction on the Grantee's use of the property shall run and remain with the land
coiiyeyed by this Deed and be binding on tkie Grantee's successors or assigns. The restriction on
the Grantee's use of the property shall be liberally construed to prohibit any use inconsistent with
preserving the property as a mirigation site or inconsistenYwith the terms of the above-referenced
permits.
Should the Grantee fail to perpetually maintain, operate, preserve, and protect the
environxnental mitigation site lands as required herein and as required by the Settlainent
Agreement and Agreement to Transfer Re.al Property between the Sfate of Washington and the
City of Aubum dated August 1, 2012 and as required by applicable law and by the above-
referenced documents and any other documents creating, permitting, or certifying the site, and/or
should the Grantee fail to observe the restric6ons on the use of the environmental mitigarion site
lands herein conveyed, the said environmental mitigarion site lands shall aptomatically revert to
the ownership of the State of Washington without cost or further obligation on the pact ofthe
Grantor. The Grantee agrees to quitclaim the said envirorimenfal mitigation site land to the State
of Washington immediately upon request.
RES 411 Page 5 of 7 Pages IC# 1-17-09476
Revised 1%2011 Cityinfo: C-2
The Grantee herein, on behalf of itself and its successors or assigns, waives and/or
releases Grantor from any past, present, or future claims for damages directly or indirectly
caused by highway drainage or runoff, and further Grantee, its successors or assigns, shall have
no right of compensation for damages to the property herein conveyed caused directly or
indirectly by highway drainage or runoff.
The Grantee as part considerarion herein does hereby agree to comply with all civil rights
and anti-discrimination requirements of Chapter 49.60 RCW as to the lands herein described.
The lands herein described aze conveyed pursuant to the provisions of RCW 47.12370.
020
Dafed at Olympia, Washington, this day of 2 2.
S ATE OF WASHINGTON
� C
P ua la�� ,mond, P.E.
Secretary of Transportation
APPROVED AS TO FORM:
By: I Q.
Assistant Attomey Gene�
REVIEWED AS TO FORM:
City of Auburn
BY• —
Name:
Title:
RES 411 Page 6 of 7 Pages IC# 1-17-09476
Revised 1/2011 Cityinfa G2
r
STATE OF WASHINGTON )
); ss
Couuty of Thurston )
On this t�' day of TQ.I?(,[GC.p , 201� b.efore me personally appeazed
Paula J. Hammond, P.E., known.to me as e Secretary of Transportation, Washington State
Department of Transportation, and executed the foregoing inshument, acknowledging said
instrument to be the free and voluntary act and deed of the State of Washington, for the uses and
purposes therein mentioned, and on oath stated that she was authorized to execnte said
instrument.
Given under my hand and official seal the day and yeaz last above written.
\`````````E'�I'kE'', ''
w�''
�`�.r�'���11C1�ljj��+�F,1�,'�i� M! �
;$.o� �pi�RY = Notary(print name) ��,�,LlIG !.W/LGc n
_ „�N. _ Notary Public in and for the State of Washington, residing
= ': p�s��� ' ' at Olympia
�d�' � 0���,���� My Appointment Expires S/c�$�1 Lo
4,��',%;;�V 26, 'L i�0��`.
��i��E�OF'MI#S������
RES 41 I Page 7 of 7 Pages IC# 1-17-09476
Revised I/2011 City info: C-2
r�s�r ��uc�r� G���3��_
AFTER RECORDING RETURN TO: �I �� CONFORMED COPY
ATTN: REAL ESTATE SERVICES
DEPARTMENT OF TRANSPORTATION 2013m 118001980
P.O. BOX 4733H � PQ�ET001EOFc007�� 78�00
OLYIVIPIA,WA 98504-7338
� . � 01/18/2013 36.14
E25855�5
Document Title: Quitclaim Deed 01/18/2013 36:00
Reference Number ofRelated Docament: N/A SHLE $Se:ee PAGE-003 oF eei
Grantor: State of Washington
Grantee: City of Aubum
Legal Description: Ptn of SE'/SE'/< of Sec. 11 & SW'/e SW'/< of Sec. 12, all in T21N, R4E,
W.M.,King County
Additional Legal Description is on Page 2 of document
Assessor's Tax Pazcel Number: Pm of 122104-9012
QUITCLAIM DEED I
SR 167, Aubum: 17th St. SW to S. 285th St.
Ttie $TATE OF WASHINGTON acting by and through its DEPARTMENT OF
TRANSPORTATION, Grantor, for and in consideration (1) OF THE CITY OF AUBURN
ASSUMING IN PERPETUITY ALL FUTURE POST-CERTIFICATION PRESERVATION
AND PROTECTON OBLIGATIONS AS FURTHER PROVIDED HEREIN, INCLUDING
ALL MAINTENANCE AND OPERATION COSTS ASSOCIATED WITH SUCH
PRESERVATION AND PROTECTIOIV OBLIGATIONS OF THE ENVIRONMENTAL
MITIGATION SITE LANDS IN PERPETUITY AS REQUIRED BY RCW 47.12370; (2) OF
THE SETTLEMENT OF KING COUNTY SUPERIOR COURT CASE NUMBER 07-2-16064-
7; (3) OF THE BENEFITS CONFERRED BY THE SETTLEMENT AGREEMENTS
BETWEEN THE GRANTOR, GRANTEE & THE AUBURN LAND COMPANY; hereby
conveys and quitclaims unto the CITY OF AUBURN, a municipal corporation, Grantee, alI
right, title, and interast in and to the followipg described real property situated in King County,
State of Washington:
RES 4ll Page 1 of7 Pages IC# 1-17-09.477
Revised 1/2011 Ciryinfo: C-1
Those portions of the southeast quarter of the southeast quarter of Section I 1, and the
southwest quarter of the southwest quarter of Section 12, all in Township 21 North, Range 4
East;W:M:,in King County, Washington, described as follows:
Beginning at tlie intersection of the east margin of the West Valley Highway and the
south line of said Section 11; thence northeasterly and northerly along the east mazgin of said
West Va11ey Highway to a point opposite Higliway Engineer's Station (hereinafter refened to as
HES) 579+17 on the SR 167 ]ine survey of SR 167, Aubum: 17th St. SW to S. 285th St., and
1,182t feet westerly therefrom; thence easterly to a point opposite HES 579+12 on said line
survey and 1,013 feet westerly therefrom; thence eas4erly to a point opposite HES 579+01 on
said line survey and 574 feet westerly therefrom; thence southerly to a point opposite HES
578+47 on said line survey and 580 feet westecly therefrom; thence southerly to a point opposite
HES 577+39 on said line survey and 592 feet westerly therefrom; thence soptherly to a point
opposite HES 576+29 on said line survey and 599 feet westerly therefrom; thence southerly to a
point opp.osite HES 575+13 on said line sprvey and 600 feet westerly therefrom; thence
southerly to a point opposite HES 574+04 on said line survey and 592 feet westerly therefrom;
thence southerly to a point opposite HES 572+91 on said line survey and 574 feet westerly
therefrom; thence southerly to a point opposite HES 571+72 on said line survey and 575t feg�t
westerly therefrom, said point lying on the south line of the southwest quarter of the southwest
q"uarte= of said Section 12; thence westerly along :said south line to the comer common to
Secrions 11, 12, 13; and 14, Towriship 21 North, Range 4 East, W.M; thence westerly along the
south line of said Section 11 to the point of begiiining;
EXGEPT that portion conveyed to Halvard Thurmod and Peazl V. Thurmod, under King County
Recording No. 6722632.
This property is a Wetlands Area created as mitigation for work authorized by the U.S.
Army Corps of Engineers, Seattle District, Regalatory Branoh, permit number 93-4-0 1 1 00-ATF.
This Wetlands Area shall not be made the subject of a future individual or General Department
of the Army Permit Application for fill or other development, except for the purposes of
enhancing or restoring the mitigation associated witti the "SR ]b7", 84th Ave.S. to South Grady
Way, Stage"1 A"project.
RES 411 Page 2 of 7 Pages IC# 1-17-09477
Revised 1/2011 City info: C-1
Grantee understands and agrees that the Grantor is reserving ownership of all rights of
ingress and egress, to, from and between the SR 167 right of way and the property abuttirig the
SR 167 right of way, including all rights of access, light, view and air, and acc.ess control as
shown by the access proliibition symbol on said highway plans along the SR 167 right of way
and along abutting properties on the right of way access plans. Grantee, its successors or
assigns, shall have no right of ingress or egress between the SR 167 right of way and abutting
properties, or the state route and the lands herein conveyed that show the access prohibifion
symbol on said highway plans. Grantee, its successors or assigns, shall not be entitled to
c6mpensatidn for any loss of access, light, view, or air occasioned by the location, construction,
reconstraction, maintenance, or opeiation of SR 167 and/or roadway facilities constructed
thereon.
The specific details concerning all of which may be found on sheet 6 of that certain plan
entitled SR 167, Anbnrn: 17th St. SW to S. 285t1i St., now ofrecord and on file in the office of
the Secretary of Transportarion at Olympia, Washington, bearing date of approval June 12, 19b9,
as revised.
Subject to all existing encumbrances, including easeinents, restrictions and reservations,
if any.
The Grantor hereby retains an easement to continue the use of any drainage ditches,
wlverts, or other structures located on the described property for the purpose of conveying water
to or from the described property. The Grantor also hei�eby retains an easement over, under,
upon and across the described lands for the purpose ofthe perpetual right, power and privilege to
continue past and current drainage, flowage, and storage of water (and any accompanying
sediment) caused by or due to natural phenomenon and the construcrion, operation, and/or
maintenance of the existing SR 167 highway and its associated ditches, culyeits, aud other
structures. As part of this easement, the Grantor also retains the riglit, power, and privilege to nse
the described lands for the purpose of futnre additional or different drainage, flowage, and
storage caused by construction, reconstruction, operation, andJor maintenance of later changes to
SR 167 and any associated structures, to the extent the different or additional water does not
violate environmental permits issued for sdch changes to SR 167 or prevent the Grantee from
maintaining the existing mitigation sites on the described property. PROVIDED, that this
RES 411 Page 3 of 7 Pages IC# 1-17-09477
Revised 1/2011 Cityinfo: C-1
easement does not prohibit the Grantee from altering drainage ori the described lands, bpt only if
doing so would not violate the direcrions of any regulatory agency governing the mitigation site
or the terms of any documents cieating, permitting, or certifying the mitigarion site that has been
constructed on the prop"erty, as those docuxnents exist on the date of conveyance or as they may
be amended, snperseded, or replaced in the future with the approval of the responsible regulatory
agency, and only if doing so does not adversely impact theGrantor's easement. As part of this
easement; the Grantor also retains the right of ingress and egress over the describ.ed lands to
monitor and inspect drainage from the SR 167 highway and its associated ditches, cnl4erts, and
other structures. The scope of this easement does not authorize land uses that would harm the
compensatory mitigation that has been built on the described property or that would violate the
terms of the documents creating, permitting, or certifying the mirigation site that has been
constructed on the property, as those do.cpments exist on the date of conveyance or as they may
be amended, superseded, or replaced in the future with the approval of the responsible regulatory
agency(listed below).
This property is being conveyed snbject to the terms and conditions of following
do.cuments creating, pemiitting, or certifying the mitigation site, as those docuxnents exist on the
date of conveyance or as they may be amended, superseded, or replaced in the future with the
approval of the responsible regulatory agency, specifically including the obligation to perpetually
maintain, operate, monitor,preserve, and protect the mitigation site located on the property. The
terms of these documents aze hereby incorporated by reference into this Deed, and each party
shall maintain a copy of all the listed documents with its files and records related to the property
conveyed by this Deed.
Department of the Army Pemiit; Peimit No. 93-4-01100-ATF; dated 3/13/1998
Department of the Army Section 404 Perniit #19930110, transfer signed by the City of
Adburn
Departrnent of the Army letter to WSDOT's Kevin Jeffers, dated July 30, 2007,
notification that permit obligarions a;e complete
The Grantee's use of the property is expressly and perpetually restricted to only those
uses consistent with preserving the functions and values of the property as a mitigation site and
those uses consistent with the terms of the abova-referenced permits and as provided in the
RES 411 Page 4 of 7 Pages IC# 1-17-09477
Revised 1/2011 Cityinfo: C-1
Settlement Agreement and Agreement to Transfer Real Property b.etween the State of
Washington and the City of Auburn dated August 1, 2012. Tliis restriction on Grantee's use of
the property serves and benefits other real property owned by the Grantor and upon which the
Grantor constructed the project for which the above-referenced permits were issued. The
restriction on the Grantee's use of the property shall run and remain with the land conveyed by
this Deed and be binding on the Grantee's successors or assigns. The restriction on the
Grantee's use of the property shall be libeially construe.d to prohibit any use inconsistent with
preserving the property as a mitigation site or inconsistent with the tercns of the above-referenced
permits.
Should the Grantee fail to perpetqally maintain, operate, preserve, and protect the
environmental mitigation site lands as required herein and as required by the Settlement
Agreement and Agreement to Transfer Real Property between the State of Washington and the
City of Auburn dated August 1, 2012 amd as required by applicable law and by the above-
reference.d permits and any other documents creating, permitting, or certifying the site, and/or
should the Grantee fail to observe the restrictions on the use of the environmental mitigation site
lands herein conveyed, the said environmental mitigation site lands shall automatically revert to
the ownership of the State of Washington without cost or further obligation on the part of the
Grantor. The Grantee agrees to quitclaim the said environmental mitigation site land to the State
of Washington immediately upon request.
The Grantee herein, on behalf of itself and its successors or assigns, waives and/or
releases Grantor from any past, present, or future claims for damages directly or indirectly
caused by highway drainage or runoff, and further Grantee, its successors or assigns, shall have
no right of compensation for damages to th"e property herein conveyed caused directly or
ind'uecdy by highway drainage or rdnoff.
The Grantee as part considerarion herein does hereby agree to compTy with all civil rights
and anti-discrimination requirements of Chapter 49.60 RCW as to the lapds herein described.
The lands herein described are wnveyed pursuant to the provisions of RCW 47.12.370.
RES 411 Page 5 of 7 Pages IC# 1-17-09477
Revised 1/2011 City info: Gl
� ��
Dated at Olympia, Washington,this day of ,2
STATE OF WASHINGTON
Paul J. mond, P.E.
Secret.ary of Transportation
APPROVBD AS TO FORM:
By: � G�
Assistant Attomey G� eral
REVIEWED AS TO FORM:
City of Auburn
By; I'
Name: �(. �. __
Title:��'Lt /tl'dZ/l�{.tQv1
RES 411 Page 6 of 7 Pages IC# 1-17-09477
Revised 1/2011 City info: C-1
STATE.OF WASHINGTON )
): ss
County of Thurston )
�, 3
On this �day of �p�,yt.l , 201�, before me personally appeared
Paula J. Hammond, P.E:, known to me as the Secretary of Transportation, Washington State
Department of Transportation, and executed the foregoing instrument, acknowledging said
instrument to be the free and voluntazy act and deed of the State of Washington, for the as8s and
pnrposes tHerein mentioned, and on oath stated that she was authorized to execute said
instrument:
Given under my hand and official seal the day and year last above written.
```````E����������/' M�c�h�lA- �. /V�.(.iJ�l/,(��
,�.�`�y����tiiiP'r t���l�r'�,,�
;�40�1 of���� Notary(print name)M i�l�t.l l�. M. AILwI ll�n
: '�;�� ' e Notary Public in and for the State of Washington, residing
: ...o� _
? �: �e��� i�= at Olytppia
:o�' .�e.�o.�
•'�.,�,�j��lb;,��6~���� My Appointment ExpirBs �`-7 f c�5��(a
�4iip�F��fNb������
RES 411 Page 7 of 7 Pages IC# 1-1'7-09477
Revised 1/2011 Cityinfo: C-1
, .
�s� �xrC�v�2 ���
� ��; CONFORMED COPY
AFTER RECORDING RETURN TO:
ATTN: REAL ESTATE SERVICES 20130118001981
DEPARTMENT OF TRANSPORTATION FIRST pMERICRN OCD n.ee
P.O. BOX 47338 0AGE80Z013Fifi064
OLI'MPIA, WA 98504-7338
�vnrvnilGY �V�I "
E2585528
07/IB/2013 36:03
Document Title: Quitclaim Deed
Reference Number ofRelated Document: N/E SRLE sle.ee
. $0.00 PpGE-001 OF 001
Grantor. State of Washington
Grantee:City ofAnbiirn
I,egal Description; Ptn ofthe SW'/aSW'/< &NW'/<SW% in Sec. 12, T21N, R4E, W.M.; King
County
Additional Legal Description is on Pages 1 and 2 of document
Assessoi's Tax Parcel Number: Ptn of 122 104-90 1 1 & 122104-9012
QUITCLAIM DEED
SR 167, Auburn; 17th St. SW to S. 285th St.
The STATE OF WASHINGTON acting by and through its DEPARTMENT OF
TRANSPORTATION, Grantor, for and in consideration of TERMS AND CONDITIONS SET
FORTH IN SETTLEMENT AGREEMENT AND AGREEMENT. TO TRANSFBR REAL
PROPERTY (GCB1303), hereby conveys and quitclaiins unto the CITY OF AUBURN, a
municipal corporation, Grantee, all right, title, and interest in and to the following described real
property situated in King County, State of Washington:
Those portions of the southwest quarter of the southwest .quarter and the northwest
quarter of the southwest quarter of Section 12, Townslup 21 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing at a point on the easterly mazgin of West Valley Highway opposite
Highway Engineer's Station (hereinafter referred to as HES) 579+17 on the SR 167 line survey
of SR 167, Aubum: 17th St. SW to S. 285th St., and 1,182f feet westerly therefrom; thence
easterly to a point opposite HES 579+12 on said SR 167 line survey and 1,013 feet westerly
RES 411 Page 1 of 6 Pages IC# 1-17-08645
Revised 1/2011 Cityinfo; C-3
therefrom, said point being the True Point of Beginning; thence easterly to a point opposite HES
579+01 on said SR 167 line survey and 574 feet westedy therefrom; thence southerly to a point I
opposite HES 578+47 on said SR 167 line survey and 580 feet westerly therefrom; thence
southerly to a point opposite HES 577+39 on said SR 167 line survey and 592 feet westerly
therefrom; thence southerly to a point opposite HES 576+29 on said SR 167 line sur4"ey and S99
feet westerly therefrom; thence southerly to a point opposite HBS 575+13 on said SR 167 line
survey and 600 feet westerly therefrom; thence southerly to a point opposite HES 574+04 on
said SR 167 line survey and 592 feet westerly therefrom; thence southerly to a point opposite
HES 572+91 on said SR 167 line survey and 574 feet westerly therefrom; thence southeriy to a
point opposite HES 571+72 on said SR 167 line sur4ey and 575f feet westerly therefrom, said
point lying on the south line of the southwest quarter of the southwest quarter of said Section 12;
thence easterly along said south ]ine to the westerly right of way line of SR 167, said point being
opposite HES 572+13.85 on said SR 167 line survey and 165 feet westerly therefrom; thence
northerly along said westerly right of way line to a point opposite HES 58.3+00 on said SR 167
line survey and 165 feet westerly therefrom; thence noithwesterly to a point opposite HES
587+00 on said SR 167 line survey and 215 feet westerly therefrom; thence northwesterly to a
point opposite HES 592+00 on said SR 167 line survey and 455 feet westerly therefrom; thence
northwesterly to a point opposite HES (15th St. NW) 5+50 on the 15th St. N.W,Ext. ]ine survey
of said Highway and 370 feet soutlierly therefrom; thenc.e northwesterly to a point opposite HES
(15th St. NW) 1+37f on said 15th St. N.W. Ext. line survey and 19232 feetsoutherly therefrom,
said point lying on the easterly mazgin of the West Valley Highway; thence southerly along said
easterly margin to a point opposite HES 586+37 on the SR 1671ine survey of said Highway and
1,188 feet westerly therefrom�thence northeasterly to a point opposite HES 587+01 o.n said SR
167 line survey and 860 feet westerly therefrom; thence southeasterly to a point opposite HES
585+97 on said SR 167 line survey and 802 feet westerly therefrom; thence southwesterly to a
point opposite HES 585+49 on said SR 167 line survey and 916 feet westerly therefrom; thence
southerly to a point opposite HES 583+29 on said SR 167 line survey and 917 feet westerly
therefrom; thence southeasterly to a point opposite HES 581+68 on said SR 167 line survey and
763 feet westerly therefrom; thence southerly parallel with said SR 167 line survey to a point
opposi;e HES 580+12 thereon; thence westerly to a point opposite HES 580+21 on said SR 167
line survey and 1,021 feet westerly therefrom;thence southerly to the True Point of Beginning.
RES 411 Page 2 of 6 Pages IC# 1-17-08645
Revised 1/2011 City info: C-3
Grantee understands and agrees that the Grantor is reserving ownership of all rights of
ingress and egress, to, from and between the SR 167 right of way and the property abntting the
SR 167 right of way as shown by the access prohibition symbol on the highway plans
(referenceil in the next pazagraph) along the SR 167 right of way and along abntting properties
on the right of way access plans, including all rights of access, light, view and air, and access
control as shown by the access prohibition symbol on said highway plans along the SR 167 right
of way aad along abutting properties on the right of way access plans. Grantee, its successors or
assigns, shall have no right of ingress or egress between the SR 167 right of way and aliutting
properties, or the state route and the lands herein conveyed that show the access prohibirion
symbol on said highway plans. Graiitee, its successors or assigns, shall not be entitled to
compensation for any loss of access, ]ight, view, or ait occasioned by the locarion, construction,
reconstrucrion, maintenance, or operation of SR 167 and/or madway faciliries constructed
thereon. By conveying access rights between the lands conveyed and the porticjn of Grantot's
right of way not marked with the access proliibition symbol, Grantor does not convey to Grantee
the right to construct, operate, or maintain a new channel for Mill Creek that would cross any
portion of Grantor's right of way. To obtain such rights, Grantee must, among other things,
reach a separate agreement with Grantor, obtain addirional property rights from Grantor, obtain
permits from Grantor, and fully indemnify Grantor.
The specific details conceming all of which may be found on sheets 6 and 7 of that
certain plan entitled SR 167, Aubum: 17th St. SW to S. 285th St.; now of record and on file in
the office of the Secretary.of Transportation at Olympia, Waghington, bearing date of approyal
June 12, 1969, as revised.
Subject to all existing encumbrances, inclnding easements, restrictions and reservarions,
if any.
Reserving unto the Grantor, its successors and assigns, a perpetual, non-exclusive
drainage easement for storm and surface water flow and storage over, on, under, and across the
transferred property for the historic and on-going storm and surface water flow or storage caused
by or due to the construction, rewnstruction, operation and/or maintenance of the adjacent State
Route 167 highway, its associated drainage system, and its other structures, including the Mill
Creek conveyance under State Route 167, thus benefitting the State Ronta 167 right of way,
including the right of ingress and egress over the transferred property to inspect, and monitor
RES 411 Page 3 of 6 Pages IC# 1-17-08645
Revised 1/2011 City info;. C-3
water flow and storage, PROVIDED, that this easement does not prohibit the Grantee from
altering drainage on the transferred property, but only if doing so does not adversely impact the
Grantor's easement, and PROVIDED further that changes in water flow and storage caused by
future Grantor projects fall within the scope of this easement to the extent that they are permitted
by applicable regulatory agencies.
Further reserving unto the Grantor, its successors and assigns, a right of ingress and
egress to maintain the drainage, water flow, and water storage rights reserved above over, under
and across a strip of land 50 feet in width, b.eing 25 feet on each side, when measured at riglit
angles from a line described as follows: Beginnirig at a point opposite Highway Engineer's
Station (hereinafter referred to as HES) 585+47.88 on the SR 167 line survey of SR 167,
Aubumt 17th St. SW to S. 285th St.; and 144.19 feet westerly thereftom, said point being on the
south line of the northwest quarter of the sonthwest quarter of Section 12, Township 21 North,
Range 4 East, W.M., in King County, Washington; thence westerly along said.south line a
distance of 130 feet to Mill Creek and the end of this line description;
EXCEPT that portion lying easterly of a line beginning at a point opposite HES 583+00
on said SR 167 line survey and 165 feet westerly the"refrom; thence noithwesteily to a point
oppbSite HES 5.87+00 on said SR 1671ine survey and 215 feet westerly therefrom, and the end
of this line description.
The Grantee herein, on behalf of itself and its successors or assigns, waives and/or
releases Grantor from any past, pre"sent, or future claims for damages directly or indirectly
caused by higliway drainage or runoff, and further Grantee, its successors or assigns, shall have
no right of compensation for damages to the property herein conveyed caused directly oi
indirectly by highway drainage or runoff.
The Grantee as part corisideration heiein does hereBy agree to comply with al] civil rights
and anti-discrimination requirements of Chapter 49.60 RCW as to the lands herein described.
The lands herein described are not required for State highway purposes and aze conveyed
piusuant to the provisions of RCW 47.12.287.
RES 411 Page 4 of 6 Pages IC# 1-17-08645
Revised 1/2011 City info: C-3
Dated at Olympia, Washington,this�day of , 2Q1'�l.
/
STATE OF SHIN_CLTON
�_
Pau a J,, mond, P.E,
Secret of Transportarion
APPROVED AS TO FORM:
gy;. Q' . _
Assisfant Attorney Gey ral
REVIEWED AS TO FORM:
City of Aubum
� I
.
BY. �• - �
N
Title> � ��
RES 411 Page 5 of 6 Pages IC# 1-17-08645
Re4ised 1/2011 City info: G3
.
STATE OF WASHINGTON )
): ss
County of Thurston )
On this � day of� , 201� before me personally appeared
Paula J. Hammond, P.E., known to ine as e Secretary of Transportation, Washington State
Department of Tiansportation, and executed the foregoing instrument, acknowledging said
instrumenYto be the free and voluntary act and deed of the State of Washington, for the uses and
purposes therein mentioned, and on oath stated that she was authorized to execute said
instrument.
Given under my hand and official seal the day and yeaz last above written.
````�����u�u�q������ I- ' /�/
��,,�,,,�E NE�,, ,G, M�e�'l.�,r� M• /Y���
``�.�.1�:��t10M Ejj•.�� ''.
�e:•'�o� T� ��fe;�4: Notary(printname) Mi�L��[_ M• N�W��CGC.,r'/
� �8 Y
_ �.�— = Notary Public in and for the State of Washington, residing
' ' �0ql1�4 : �
%�r;~� 0`�`1��`� at Olympia
�''�F r!6�•R'��l�0.�`� My Appoinhnent Expires s�a,�l(e
.,, Of N��. �
''����nN1A8,�� � �
RES 411 Page 6 of 6 Eages IC# 1-17-08645
Revised I/2011 City info: C-3