HomeMy WebLinkAbout4869 RESOLUTION NO. 4 8 6 9
AN RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN
AND BRANDON P. AND TRENA L. WRUBLESKI
FOR PURCHASE OF PROPERTY FROM MR. AND
MRS. WRUBLESKI IN LIEU OF CONDEMNATION
WHEREAS, the sewer pump station located on 6t" Street NE has no back-
up power source to provided electricity to the pump when an outage occurs; and
WHEREAS, the Department of Public Works wishes to install an on-site
generator at the pump station to ensure the continued operation of sewer
pumping in the event of a power failure; and
WHEREAS, the installation of an on-site generator requires the purchase
of 164 square feet of land from the owners of property adjacent to the pump
station; and
WHEREAS, the Department of Public Works has negotiated the terms and
conditions for the purchase of the necessary land from the property owners, who
wish to sell the portion of their property to the City for the purpose of installing the
on-site generator; and
WHEREAS, it is in the public interest for the parties to enter into a
purchase and sale agreement for the 164 square feet of land.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the City Clerk are hereby
authorized to execute a Purchase and Sale Agreement between Brandon P. and
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Resolution No.4869
October 10, 2012
Page 1 of 2
Trena L. Wrubleski, which agreement shall be in substantial conformity with the
Purchase and Sale Agreement attached hereto, marked as Exhibit "1" and
incorporated herein by this reference.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Effective date. This resolution shall take effect and be in
force upon passage and signatures hereon.
Dated this 1 S day of �r_ 12012
T1
PEf ER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP ED S TO FORM:
Daniel B. Heid, City Attorney
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Resolution No.4869
October 10, 2012
Page 2 of 2
CONTRACT FOR PURCHASE AND SALE
IN LIEU OF CONDEMNATION
THIS AGREEMENT is made and entered into this day of
, 2012, by and between the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as the "City," and Brandon P. and Trena
L. Wrubleski, a marital community, hereinafter referred to as the "Seller":
WHEREAS, Seller is the owner of certain real property located within the
corporate limits of the City of Auburn, Washington, which the City is interested in
purchasing and which the Seller is interested in selling.
NOW THEREFORE, in consideration of the mutual covenants herein contained
and other good and valuable consideration, and in lieu of condemnation, THE PARTIES
HERETO HEREBY AGREE as follows:
1. DESCRIPTION:
a) The location of the real property being conveyed ("Property") is at the corner
of 6`h Street NE and "R" Street NE within the City of Auburn, Washington 98002.
b) The legal description of the Property is as described on Exhibit A, attached,
and as shown on the map attached hereto as Exhibit B, both of which are incorporated
herein by reference.
c) The Property includes landscaping, but no other structures or improvements.
2. CONSIDERATION:
On Closing, the City shall pay to the Seller the amount of two thousand, five
hundred fifteen dollars ($2,515.00). This price is mutually agreeable to both the City and
Seller and represents the voluntary sale and purchase of the property in lieu of City's
condemnation. This amount shall be paid by check at closing.
3. CONVEYANCE OF PROPERTY: On Closing, the Seller shall convey to the
City fee simple title to the above-described Property by statutory warranty deed subject
only to the restrictions in section 5 and any that the City approves, pursuant to sections 5
and 16. The City shall take possession at the date of closing. Seller shall remove all
personal property from the Property before the Closing date, unless authorized in writing
by the City.
4. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on the , unless
extended by other provisions of Contract, or by written agreement of the Parties. Closing
shall be considered complete when the deed to the City is recorded, sale proceeds are
available for disbursement to the Seller, and all encumbrances not acceptable to the City
have been remedied or released.
5. RESTRICTIONS, EASEMENTS, LIMITATIONS and UNMARKETABLE
TITLE: The City shall take title subject only to: zoning, restrictions, prohibitions and
other requirements imposed by governmental authority; easements, encumbrances and
restrictions as shown on the Title Report, and Deeds of Trust recorded under King
County, Washington recording numbers 20100505000037 and 20070411002276. Any
additional financial encumbrances, liens and security interests on the Property shall be
satisfied by the Seller prior to Closing so that the title to the Property when conveyed
shall be free and clear of any said financial encumbrances, liens and/or security interests.
If the Seller's title is rendered unmarketable, the City shall notify the Seller in writing of
the defect within ten (7) days. If title cannot be made insurable prior to closing date, the
City may elect to either to waive such defects or encumbrances, or postpone the date of
closing for up to sixty (60) days during which period the Seller shall use all reasonable
efforts and expend reasonable sums as may be necessary to cure the objections of the
City, or may terminate the agreement, in which case the earnest money shall be refunded
to the City, less any unpaid costs. If the City elects to postpone closing, it may again
elect any of the three above options if at the end of the postponement period the Seller
has not cured the objections of the City.
6. CONDITION OF PROPERTY: Seller makes no representations or warranties,
express or implied, concerning the condition of the property. The City is familiar with
Property and expressly agrees to accept it "AS IS, WITH ALL FAULTS," except faults
or conditions concerning the validity of title.
The City expressly waives any requirements in law for a disclosure statement or
other disclosure requirements contained in RCW 64.06.
7. ASSIGNABILITY: No party may assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party.
8. EVIDENCE OF TITLE: The City shall obtain at its sole cost and expense, a
Title Report from a title insurance company of its choice ("Title Company") and an
ALTA Form B title commitment ("Title Commitment") accompanied by one copy of all
documents affecting the Property, and which constitute exceptions to the Title
Commitment.
9. PLACE OF CLOSING: Closing shall be held
10. TIME: Time is of the essence of this Contract. Any reference herein to time
periods of less than six (6) days shall in the computation thereof, exclude Saturdays,
Sundays and legal holidays, and any time period provided for herein which shall end on a
Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
11. DOCUMENTS FOR CLOSING: The City shall furnish the statutory
warranty deed and closing statements, and the Seller shall furnish any documents
necessary to satisfy any financial encumbrances, liens and/or security interests on the
Property, including Partial Releases executed by all individuals and entities having a lien
interest in the property with the exception of the Deeds of Trust listed in item 5. The City
shall furnish the statutory warranty deed and any other closing documents to Seller at
least one week prior to closing. The Seller shall provide all closing papers, if any, to
City prior to closing. Both parties shall be responsible and entitled to have all closing
documents reviewed by their own counsel or agent prior to closing.
12. EXPENSES: State documentary stamps (Revenue Stamps) which are
required to be affixed to the instrument of conveyance and any taxes on the conveyance
of real property (Real Estate Excise Tax) shall be paid by City. The City shall pay all
recording fees, title insurance fees, and real estate taxes due after the closing date. Each
party shall pay their attorney fees. The City shall each pay the escrow fees.
13. PRORATION OF TAXES: Taxes and fees for the current year shall be pro-
rated as of date of closing.
14. RISK OF LOSS: If the improvements are damaged by fire or other casualty
prior to closing, and the costs of restoring same does not exceed 3% of the assessed
valuation of the improvements so damaged, cost of restoration shall be an obligation of
the Seller and closing shall proceed pursuant to the terms of Contract with costs therefore
escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the
assessed valuation of the improvements so damaged, the City shall have the option of
either taking the Property as is, together with either the said 3% or any insurance
proceeds payable by virtue of such loss or damage, or of canceling the Contract and
receiving return of deposit(s) made hereunder.
15. MAINTENANCE: Notwithstanding the provisions of Paragraph 14, between
Effective Date and Closing Date, all personal property on the premises and real property,
including lawn, shrubbery and pool, if any, shall be maintained by the Seller in the
condition they existed as of Effective Date, ordinary wear and tear excepted, and the City
or City's designee will be permitted access for inspection prior to closing in order to
confirm compliance with this standard.
16. PROCEEDS OF SALE AND POST-SALE DISCOVERY OF
UNMARKETABLE TITLE: The deed shall be recorded, at the City's expense, upon
clearance of funds and evidence of marketable title as shown in the title report, per
Paragraphs 5 & 8 hereinabove, and the amount of the purchase price shall be held in
escrow by the escrow agent for a period of not longer than five (5) days from and after
closing date. If the Seller's title is rendered unmarketable after the deed has been
recorded, the City shall within the five (5) day period notify the Seller in writing of the
defect and the Seller shall have thirty (30) days from date of receipt of such notification
to cure said defect. In the event the Seller fails to timely cure said defect, all monies paid
hereunder shall, upon written demand therefore and within five (5) days thereafter, be
returned to the City and, simultaneously with such repayment, the City shall vacate the
Property and re-convey same to the Seller by special warranty deed. In the event the City
fails to make timely demand for refund, it shall take title as is, waiving all rights against
the Seller as to such intervening defect except as may be available to the City by virtue of
warranties, if any, contained in the deed.
17. ESCROW: Any escrow agent receiving funds is authorized and agrees by
acceptance thereof to promptly deposit and to hold same in escrow and to disburse same
subject to clearance thereof in accordance with terms and conditions of Contract.
18. SURVIVAL OF REPRESENTATIONS AND WARRANTIES: The
representations and warranties set forth in this Contract shall be continuing and shall be
true and correct on and as of the closing date with the same force and effect as if made at
that time, and all of such representations and warranties shall survive the closing and
shall not be affected by any investigation, verification or approval by any party hereto, or
by anyone on behalf of any party hereto.
19. NOTICES. Any notices required or permitted to be given shall be in
writing and delivered either in person or by certified mail, return receipt requested,
postage prepaid, addressed as follows or such other address as may be designated by
either party in writing;
City of Auburn
Director of Public Works
25 W. Main St.
Auburn, WA 98001
Seller
Brandon and Trena Wrubleski
16026 1h Street N.E.
Auburn, WA 98002
Any notice given pursuant to this agreement shall be deemed effective the day it
is personally delivered or three (3) days after the date it is deposited in the U.S. mail.
21. OTHER AGREEMENTS: No prior or present agreements or
representations shall be binding upon any of the Parties hereto other than and unless
incorporated in this Contract.
22. NO WARRANTY OF THE LEGAL SUFFICIENCY OF DOCUMENTS.
EACH PARTY HAS THE OPTION TO SUBMIT THIS AGREEMENT TO THEIR
ATTORNEYS AND TAX SPECIALISTS FOR THEIR REVIEW AND APPROVAL
PRIOR TO SIGNING. NO REPRESENTATIONS OR WARRANTIES ARE MADE
BY ONE PARTY TO THE OTHER PARTY AS TO THE LEGAL SUFFICIENCY,
LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT, THE
TRANSACTIONS DESCRIBED HEREIN, OR ANY ATTAHCMENTS TO THIS
AGREEMENT.
23. ATTORNEY FEES UPON DEFAULT. In the event that a party fails,
without legal excuse, to perform any obligation under this agreement, then the other party
may bring suit against the defaulting party for the party's actual damages, or pursue any
other rights or remedies available at law. In any suit to enforce this Agreement, the
prevailing party shall be entitled to court costs and reasonable attorney fees.
24. AMENDMENT, MODIFICATION AND WAIVER. No amendment,
modification or waiver of any condition, provision, or term of this Agreement shall be
valid or of any effect unless made in writing, signed by both parties and specifying with
particularity the nature and extent of the amendment, modification or waiver.
25. CONSTRUCTION. The parties acknowledge that this agreement has been
explicitly negotiated by the parties and the language in all parts will be construed
according to its fair and plain meaning and not strictly for or against either party.
26. ADDITIONAL ACTS. Except as otherwise provided in this agreement,
the parties agree to perform, execute, and/or deliver any and all further acts, deeds, and
assurances that may reasonably be required to effect the agreement contemplated.
Any waiver by either party of any default of another party shall not effect or
impair any right arising from any subsequent default.
EXECUTED on the day and year first above written.
IT SELLER
Peter B. Lewis, Mayor Brandon Wrubleski
Attest:
Danielle Daskam, City Clerk Trena Wrubleski
App o ed as to Form:
Daniel B. Heid, City Attorney
EXHIBIT A
Legal.Description
That portion of Lot 1 Block 3 of River View Estates, according to Plat recorded in
Volume 6t,Page 91,in ling County, Washington,said portion described as follows:
Conunencing at the southeast corner of said Lot 1;
Thence North 38`29'06" West along the south line of said Lot 1 a distance of 77.97 feet
to the southeast corner of the parcel deeded to the City of Auburn in deed recorded under
recording number 7701270579,records of said county;and the point of beginning;
Thence North 01°02'27"East along the east line of said parcel a distance of 20.00 feet to
the northeast corner of said parcel;
Thence North 88°29'06"West along the north line of said parcel a distance of 5.00 feet
to the northwest corner of said parcel and the west line of said Lot 1;
Thence North 01'02'27"East along said west line a distance of 4.00 feet to a line parallel
with and 4.00 feet northerly of the north line of said parcel;
Thence South 88°29'06"East along said parallel line a distance of 11.00 feet;
Thence South 01'02"27"West a.distance of 24.OQ feet to the south line of said Lot 1;
Thence North 88°29'06"West along said south line of said Lot 1 a distance of 6.00 feet
to the point of beginning_
The basis of bearings for this description is identical with records of survey recorded
under recording numbers 20110411900013 and 2011.0513900007,records of King
County, Washington.
This property description.contains 164 square feet(0.0038 acres),more or less.
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EXHIBIT B
i Found 2-1/2" Bross Disk
Per Regorda of Survey
20110411900013 and 6 Street NE
20110513900007
N 88'29'06" W 62.81'
6=90'28'08"
R=20,00' EL py
L=31.58'
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N 01'02'27" E 24.60'
NEW PARCEL LINE
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%�' •' OLD PARCEL LINE IS 1.1' WEST OF
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NEW PARCEL LINE
N 88'29'06" W 71.97'
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w a rna�i OLD PARCEL LINE
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COO 1. REFERENCE RECORDS OF SURVEY
I Z z Zo I RECORDED UNDER'RECORDING 'NUMBERS
+! 20110411900013 AND 20110513900007,
RECORDS OF KING COUNTY, WASHINGTON,
2. REFERENCE PLAT OF RIVER VIEW ESTATES �alL `<ca�
RECORDED IN VOL'61 OF PLATS AT PAGE 91.
f 3. SURFACE FEATURES LOCATED 10/28/2011
CITY OF AUBURN WRUBLESKI PARCEL
PUBLIC WORKS DEPARTMENT 1602 6th STREET NE
wnsrtiNCT�N 25 WEST MAIN=AUBURN,WA AUBURN,WA
Shawn Campbell
From: Robert Elwell
Sent: Tuesday, September 23, 2014 8:37 AM
To: Shawn Campbell
Cc: Ingrid Gaub
Subject: FW: Resolution 4869
Shawn,
In lieu of purchasing the property outright, which was the action permitted by the resolution, the City purchased an
easement on the property, so the agreement attached to that resolution is new unnecessary.
Bob Elwell
City of Auburn
Sewer Utility Engineer
253-931-4008
From: Ingrid Gaub
Sent: Friday, September 19, 2014 9:05 AM
To: Robert Elwell
Subject: Fwd: Resolution 4869
z
Thanks,
Ingrid
Sent from my iPhone
Begin forwarded message:
From:Shawn Campbell <scampbell @auburnwa.gov>
Date: September 19, 2014 at 9:02:47 AM PDT
To: Ingrid Gaub<igaub @auburnwa.gov>
Subject: FW: Resolution 4869
Can you please give me a status on this agreement? Thank you .
Shawn
From: Shawn Campbell
Sent: Thursday, May 02, 2013 9:32 AM
To: Robert Elwell
Subject: RE: Resolution 4869
Thanks for letting me know. Can you please let me know what they say today. Thanks
again.
i