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HomeMy WebLinkAbout5330 RESOLUTION NO. 5 3 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE DEED RESTRICTION-RESTRICTIVE COVENANT FOR CITY- OWNED PARCELS 1221049037, 1221049038, 1221049039, 1221049007 REQUIRED AS A CONDITION OF WASHINGTON DEPARTMENT OF ECOLOGY GRANT FUNDING WHEREAS, in May 2014, the City of Auburn was awarded a $532,000.00 Competitive Floodplain Management and Control Grant (Agreement No. G1400661 — Mill Creek Restoration Project) from the Washington State Department of Ecology appropriated through the 2013 Washington State legislature under§3069 of the Capital Budget for purchase price and real estate transaction costs and pre-construction activities (invasive species removal);and WHEREAS, the Auburn City Council adopted Resolution No. 5083 on July 21, 2014, authorizing the purchase of approximately 21.12 acres of land comprised of four (4) parcels from Willis M. Calhoun and Carolyn M. Calhoun, husband and wife, adjacent to Mill Creek within the corporate municipal limits of the City of Auburn, King County, Washington; and WHEREAS, the City of Auburn purchased the 21.12 acres from Willis M. Calhoun and Carolyn M. Calhoun for$511,979.04 in July 2014; and WHEREAS, the City of Auburn utilized remaining authorized grant funds to support needed pre-construction activities; and WHEREAS, the Washington State Department of Ecology required the City of Auburn to execute and record a deed placing a restrictive covenant on the purchased properties as a condition of grant acceptance; and Resolution No. 5330 November 17, 2017 Page 1 WHEREAS, the City of Auburn has prepared a deed restriction —restrictive covenant suitable to meet the requirements of the Washington State Department of Ecology Competitive Floodplain Management and Control Grant Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1 Authorization to Execute. That the Mayor is authorized to execute and have recorded the Deed Restriction — Restrictive Covenant to meet the requirements of the Washington State Department of Ecology Competitive Floodplain Management and Control Grant Program in substantial conformity with the document and any and all of its affiliated exhibits attached hereto, marked as Exhibit"I" and incorporated herein by this reference. Section 2. Implementation of Other Administrative Procedures. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Full Force and Effect.This Resolution shall be in full force and effect upon passage and signatures hereon. SIGNED and DATED this 'y day of itttati•—) , 2017 CITY OF AUBURN ANCY B,r US, Mayor Resolution No. 5330 November 17, 2017 Page 2 ATTEST: ,h4fri Dan elle E. Daskam, City Clerk iAPPRO i AS TO FORM: / ti. tw. ) 4 0 Daniel B. Heid, City Attorney Resolution No. 5330 November 17, 2017 Page 3 Page 1 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-1 Record Date:1/3/2018 2:37 PM Kinn CojuAy.WA Return P.Address: ��jjlI�� ff ff(I��� II Adam ro Sant I�UW ��11111111111_I01111�illfl1 i11 Floodplain Project Manager SEA Program,Headquarters Washington State Department of Ecology 20180103000625 300 Desmond Drive SE Lacey,WA 98503 COVENANT Roc:382.00 1131201$2:37 PM KING COUNTY.WA FIRST AMERICA r= — -- --—. Above this line •. 'fbr recording information. DEED RESTRICTIO ` , . TRICTIVE COVENANT (City of Auburn,WA Mill Creek Resta _, 5 c4 Washington Department of Ecology Grant No.=c 41)0661) Reference# if alicable): N ¶'°, Dedicator City 6Kuburn Lege[Description/STR Lots 2,3',, ract"B"of City of Auburn Short Plat SP 246 recorded under Recording N•ir, 50395 Assessor's Tax Parcel 113#: 1221049037,4 I •?38,1221049039• 1221049007 This Deed Restriction - Restrictive Covenant for the purposes of Floodplain Protection and/or Restoration (referred to hereinafter as "DEED RESTRICTION") is made and entered into this L day of , 2017, by the CITY OF AUBURN, a Washington Municipal Corporation organized under Title 35A RCW,hereinafter referred to as the"CITY". WHEREAS, the CITY is owner in fee simple of certain real property purchased in August 2014 located in the City of Auburn, King County, Washington, legally described on Exhibit A attached hereto and incorporated herein by reference, which properties are intended to be subject to this DEED RESTRICTION and burdened in perpetuity with this DEED RESTRICTION ("SUBJECT PROPERTY");and WHEREAS,the CITY or the representative of the CITY executing this DEED RESTRICTION has the authority to burden the SUBJECT PROPERTY to certain use restrictions enforceable by the Washington State Department of Ecology Deed Restriction—Restrictive Covenant 'Aid documents were filed of Page 1 of 6 e:ard as an accomodatlon only. c Las not been examined as to .n,aer execution or as to its ':act upon title • https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/... 1/4/2018 Page 2 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-2 Record Date:1/3/2018 2:37 PM King County. WA • (Ecology). The purpose of this DEED RESTRICTION is to ensure that the SUBJECT PRPOERTY will be used to enable floodplain protection and/or restoration and to prevent this land from future development. These restrictions area condition of the grant funding(Grant No.61400661,Mill Creek Restoration Project)appropriated by the State of Washington Department of Ecology through the 2013 Washington State legislature under§3069 of the Capital Budget;and WHEREAS,in orders•. „ sfy a grant funding requirement of the July 2014 Ecology Grant Agreeme '•. 01400661 between the State of Washington Department of Ecology an. It City of Auburn, the.CITY agrees to record this DEED RESTRICTION to en: oodplain protection and/or restoration and to. prevent the SUBJECT PROP om future development for the benefit of public health,safety,and welfare; ; P "`e WHEREAS,the CITY understan .t,preservation of floodplain protection and/or restoration is an essential publtcahe, th, safety and welfare measure and that this is best accomplished through the 'ion of any future development of the affected parcels of'land and that floodplain management as stated herein is in conformity with the.CITY'S Comprehensive Pl.Tar WHEREAS,the CITY has acknowledged the 4.ortant environmental value of this DEED RESTRICTION and agrees not to un• 4 e any activity which will. in any way be inconsistent with floodplain prot "'-at/or restoration on the SUBJECT PROPERTY. NOW, THEREFORE, in consideration of funding provided by the Washington State Department of Ecology to assist the CITY in purchasing the SUBJECT PROEPRTY, the CITY hereby causes to be recorded against the SUBJECT PROPERTY in perpetuity, a DEED RESTRICTION and restrictive covenants to enable floodplain protection and/or restoration and to prevent the SUBJECT PROPERTY from future development for the benefit of the public,as follows: 1. Authority to Burden Subject Property. The CITY is the owner in fee simple of the SUBJECT PROPERTY referred to above and has full power and authority to burden the SUBJECT PROPERTY in perpetuity for the benefit of the public. 2. No Mercer. The rights that are set forth herein are usually secured by means of an easement,but in this instance there is no separate legal entity to which the City can grant such an easement. Since an easement granted by an Deed Restriction—Restrictive Covenant Page 2 of 6 https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/... 1/4/2018 Page 3 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-3 Record Date:1/3/2018 2:37 PM King County.WA entity to itself would merge into the fee ownership, it would have no legal effect. The City intends by recording of this DEED RESTRICTION to provide actual and constructive notice to the successors,assigns,purchasers, transferees, and lessees of the SUBJECT PROPERTY of the restrictions imposed by this DEED RESTRICTION. 3. Deed Restriction in.,Pernetuity. The CITY intends that the restrictions contained in this DEQ ESTRICTION not merge into the fee title and thereby be removed oWii mated. The,CITY hereby dedicates in perpetuity and covenants that thi . D RESTRICTION shall run with the land included in the SUBJE OPERTY legally described in Exhibit A attached hereto. This DE ''' ,,RESTRICTION shall burden the SUBJECT PROPERTY and benefit the ' the public: 4. Heirs,Successors,and Assign.*DEED RESTRICTION shall be binding on the City's heirs,succcsso d assigns. 5. Scope of Deed Restriction. This I s RESTRICTION shall allow the CITY to enter upon the SUBJECT PRFFNARTY for the purposes of constructing, monitoring, maintaining, fitgseiving, and enhancing the SUBJECT PROPERTY legally described on q •it"A"attached hereto.The. CITY covenants not to in any way impair or t f` a with the function and use of the SUBJECT PROPERTY, and the C her covenants to take reasonable and necessary steps to restrict to the SUBJECT PROPERTY and prohibit construction of any structures or artificial surfaces or alteration of any floodplain area within the SUBJECT PROPERTY. No activity of any kind may take place within the SUBJECT PROPERTY without the prior approval by the CITY's Director of Community Development and Public Works or other CITY official authorized by the Mayor of the CITY and prior written notification to the State of Washington Department of Ecology, except the CITY shall be permitted to enter onto the SUBJECT PROPERTY at all reasonable times for monitoring and maintenance purposes. 6. Use Restrictions for Subject Property. Uses of the SUBJECT PROPERTY shall be restricted to: a. Restoring the land to natural habitat conditions by removing human structures,materials,waste,etc.; b. Enhancing the river,stream and/or floodplain to protect Mill Creek from flooding; Deed Restriction—Restrictive Covenant Page 3of6 https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/... 1/4/2018 Page 4 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-4 Record Date:1/3/2018 2:37 PM King ('©unto. WA c. Planting of the riparian area and/or floodplain; d. Providing vegetation management of exotic species(e.g.,reed canary grass,purple loosestrife,etc.); e. Allowing for maintenance,repair,and necessary reconstruction of the restoration project and all associated elements; f. Allowing for perviou site access; g: Enhancement of t ` -' r,stream,floodplain,and/or riparian area for fish and wildlife habitat; h. Providing open space an rreatian. The restrictions and obligatio •- `ibed above are intended to run with the land and are intended to be bi on,any and all persons who acquire an interest in the- SUBJECT PR 1.Y In the event the SUBJECT PROPERTY is no longer included `w.. of the current undeveloped and/or restored floodplain system, CITY fa nage the property as outlined above, or ownership interest changes, olo• may, at its sole discretion, direct CITY to either 1) to sell the propekP a'• pay Ecology one hundred (100) percent based on a $511,979.04 "=u ase price and Ecology's contribution of$511,979.04)of the net sales pri 's(sale price minus actual and reasonable selling expenses, if any) OR to.:y Ecology either one hundred (100) percent of the current appraised v of the property or $511,979.04,whichever is higher: 7. Reserved Rights. The CITY reserves to itself all rights,title,interest,and obligations incident to ownership of the SUBJECT PROPERTY. 8. Enforcement. In the event that the CITY is no longer the owner of the SUBJECT PROPERTY and a violation of the terms of this DEDICATION is noted to the CITY in writing, the CITY shall notify the then-current owner that the owner has thirty (30) days from receipt of said notice to cure the violation. If the owner does not cure the violation, the CITY may initiate an enforcement action as provided for by law.The CITY,at its option,may take action to preserve and protect the SUBJECT PROPERTY and its floodplain protection or floodplain restoration function,after first giving written notice, and, in such case, the reasonable expenses incurred by the CITY shall be recoverable from the party that is found to be in violation of this DEDICATION. Deed Restriction-Restrictive Covenant Page 4 of https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/... 1/4/2018 Page 5 of 9 Instrument Number: 20180103000625 Document:COY Rec: $82.00 Page-5 Record Date:1/3/ 018 2:37 PM King County. WA 9. Costs and Liabilities. The CITY retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the SUBJECT PROPERTY and agrees to pay all assessments and taxation(if any) against said SUBJECT PROPERTY assessed by any governmental authority as they become due for as long as the CITY remains the fee owner of the SUBJECT PROPERTY. 10, Recordation. e ITY agrees to incorporate the terms of this Agreement in any de , c or other agreement which divests the CITY of any interest in any porti'iSt;'of the SUBJECT PROPERTY. The CITY shall record this Dedication Aately in the Office of the King County Department of Records and 1 I. Construction. This DEDI_.Rin •N shall be liberally construed to effect the purpose and intent hereof. r 12 Severability. If any provision o jEDICATION is ruled invalid or unenforceable for any reason by a of competent jurisdiction, the remaining provisions hereof shall remain into -and effect. This DEED RESTRICTION shall be effective as o ate first written above. DEED RESTRICTOR: CITY OF AUBURN,a municipal corporation BY: 1614W140641A6 Name: NanBackus Title: Mayor Deed Restriction—Restrictive Covenant Page Sof 6 https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/... 1/4/2018 Page 6 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-6 Record Date:1/3/2018 2:37 PM King County. WA ATTEST: Danielle.E.Daskam,City Clerk APPROVEDAST• ORM• / IP. 1 .4 DWI B.Heid,City Attorney STATE OF WASHINGTON) )ss COUNTY OF KING I certify that I know or have satisfactory. eviden NANCY BACKUS was the person who appeared before me, and said peakhcknowledged that they signed this instrument, on oath stated that they wererazed to execute the instrument and acknowledged it as the MAYOR of thi OF AUBURN to be the free and voluntary act of said city for the uses and purposes mentioned in this instrument. Dated //161,41%I7 ffiVi , A t Tr.Notary Publicin and for the State of Washington � 3esiding at Crim, .ta4.1 _My appointment expires: /i-23 24P-i t111141Nnse:tC Deed Restriction—Restrictive Covenant Page 6 of 6 https://recordsearch kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/... 1/4/2018 Page 7 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-7 Record Date:1/3/2018 2:37 PM King Cgunty. WA Exhibit"A" • • y `•w • .�'" non sOBcrrr°xol .,:0. 0. • �i c ALL t XICT't8O ABAIR:mu ti MUST De IDRNnno AND LOCATED, AND ALL BAVBACRS rNDICATED, sae ARB BITO im vallaw Iss EMI ! f SUBDIVISION. . t tt�+ • • ! I16.". fd,l�,aa��o4 eu4tin ly gat.adwaaf'�Yla.ro k ! lab G rt6o. 1 NDN Worevl... MMS tr &P.Mit11440.14 its load . i:i i.ffr;i•:�t.' .sJ+rrY ea,Liu,.... 1 tioea� r s- t as h .1 e3n nom,II% • "�""V� ,r SOS a4a.ww a I i 1 ' • : e�a� N N i It okra B! Punaella.+a.lr xl LOT . R• • III A.SJBAspa. .,... i0es;r .a it`s " el �7i j2 's:sres'w ..Y te . Sy 1. sr 1 i4- gfNt.i. • i a.h sYaaeor ai time.eines t It C$ 4 O T KR •. r ' ,k . a..a Ie.�i 4.110 4 ty + T i.oLA41 '' -cum4-DP 41.14 ramie 15zn. ST. 1N.w t W 414 Lams.. I"•ry,•wpssuy f.to.lsl,feepgr. 14 ,%Lk. Nola.M OI/YCI 4.001111)III A4iyp.N •�•'•,� a. ....K 4AU.u.,.1Ma ww c "W'b 1, 41100411[..{a Iva.lot. sand SUrreyorle C rt f$nU.1 UV. 1.1.h",7 • r i LW This short eubdirisies correctly represents e %busy,lade by•e or under shy direction to I eoeloreance Mich the reylirelunts M Appropriate worm 1 s state lad county statute and en:Mance. •• • Ite` ''rtorit °tractions • Certificate Ko.t �:/'t/v Scala, Ia2 2 & i ! • Pik r a 41+1 • i SUFI !• I i • https://recordsearch.kingcounty.gov/LandmarkWeb//DocumentlGetDocumentForPrintPNG/... 1/4/2018 Page 8 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-8 Record pate:1/3/298 2:37 PM King County. WA t • • 1 ATTACOUNT"A° • I 7.mAL nmseSrprmggt tt 1;6 amt ' I The Southsont Qnmrtor of the Northvoat Quarter of Section 12, Rownobip 21 North .bongo 4 East, WL11oaetto,-Meridisn in Etas Cotmt7, Washiagtoni I �romIUDEPT the Sona 5o fast ,-Nod Somber is So o'onreyed to Sing County by I 8ae�iNs Stabor 69 •'g. =MT-the Inst'S fa •e West 36 foot as conveyed to the City of 40bn:em for 68th. AvoflU z,• by deeds recorded under Rocurdiag Cambers 8107150731 and 81071507 =' =Cm that portion. • t armed tiling Count*Superior Court Cause NO•ohnr 718093 for State ;; 167' ALAI TflCCYi'T that3porti..the •-domnad in KiaBg County. Superior Court Case Kuabor 7$3304 fur 3.5tb. •+• forthoaet and Northwest in the-City I of Auburn. � d • t WIIK The Worth 401.12 Soot of—the East toot of the West 536.00 foot of the gouthvo.ot tbta.'ar of the Hort6�eo -cyarter of Section 12, Township 21 North Baage 4 Sant, gtl].amotto.xo ' , Xing county, baahington; EXCEPT the worth 20.00 feet thereof. Its 'South 381.12 foot of the Horth 782.24 f' t of the East 300.00 feet of } the West 536.00 foot of the Sopthanet Quarte$ a Northwest Quartered' i([ Section].2, Toenebip 21 Aorthi'Buns. 4 40, - 5;.'ot0 Narid#an, to Wing County, Naaahiagtoa. SUBJECT to es aaconont for iaterliaa purpobee o dor and ecroao the Wont 15 feet of`the north 230 foot Of maid Lot 2 n r Abed chimer i, ALSOSOMJECT to an oaee*aont for aesita newer per ear, undo,and L aorooe`the South 20 feet of the teat 40 riot of a 2 as deacribod 1 above. =Ca: Tho Neat 500.00 toot of the Neat$36.00 toot of the Couthweat Quarter of • the Northwest 4 i ter of Caution 12, Tonuhip 21 North, Rosso t foot, Wiilasotte Meridian In King County, tnahingtoal • EXCEPT the North 8l, .24 feet thereof{{ pnd EXCEPT that portion thereof oondoteaed in King County Suporior Court Cause • Nuaaber 715305 for 13th. Stroot Horthoeot end Horthacat in the City of I Auburn. BM=to on /meanest for vatorldno Su moo over, undar and across the West 15 foot of the Horth 180 root or amid Lot 3 ao described above. i) I •• pogo 1 of 2 • https://recordsearch.kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/.... 1/4/2018 Page 9 of 9 Instrument Number: 20180103000625 Document:COV Rec: $82.00 Page-9 RCi/cd Patc;.11 /2918 Z;X7 PM 'King-County- WA . . f . . i I . • . . • • •• . , . • •• • • ...- ,ev- .2- 1 I k ,., . .? • .. . :.• . ; ATTAC1642112 nAn .••• . . - - :•*. y.unet.wnottirraegrans MVP s . .•• l'.;. .. . . . '.! The Sowtheast quertor of the Northwest quarter of Section 12, Township 21 North Range 4 Kaelv.81.3.1asatto Meridian. in nes Connty, Waahlaston; Nr0:4056,0,Vfeat thereof; and 22002 tho North 20.00 teat thereof: that "Of oondennod in'USW CoUnty•Suporior Court Cons. Number 71609 for,S 011411. sogy SR 167; end ' i ETCOEFT that parid.ose omen:Wed in ties*County Superior Court Cause • Rasher 75350,5 for 1,5 attract Northwest and Northwest intheOitot Of AU139412$ f •' ALSO :V=MR607.5n ark'Uooribed below; TOMO=WM the South 60r. foot of the lowth 842.24 feet of the at 500.00 riot Of the Vont --t,• ,...• •ot of said Soutbvoat Quarter; . , - WORT=WITS an easulant 1.-'7.'•!' - and ogress and utilitiosi over, under tad strode the South 6040 5:''a ,. „the gest 600.00 foot of the host656400 feet of the Northwent Quarto..,Or- Northwest fesartor of motion 12, Toonshl. 21 Wirth, Range it Saa ilianotto Noridinny-in nail County, • Waahjngtcnt . . ' • ' • SIDLINcr TO an earessent for utill over, under and arrows the South 60.00 toot or the !forth 842.24 toetoft,t the.rmst 500.00 tent of the thest 536.00 foot of odd Southwestsrtet) . . . • • 40" • • • iiit_portion of the Southwest Quarter of tbjztlortheeat quarter of Section .• • la, Tasmania 21.faith, Range Is Zest, till/ at't$' Moridian, in BEng County, hashingtons.deettined no follow: . . . „. . .. . . flogiustind et the-lateraection of the North co''„f ornid•Southaent Quarter nith the Vont eargin at SR 167 no condemned ',.,••- ,. CCountyfluporier Court • Canino itunbor 71009$i thence Cent casing eaddNor .i no 100.03 toots thane* s 4.42'02"w parallel with raid fast marlin 363,43 tot; 0 tro.,3.0.0 Parallel at sad Coat margin 874:05 !oat to tin . margin or/5th. • Street Northeast co condom/ad in King County floor 0ort Cauca laminar 733305;, thonoo'gnat dons maid north margin of 13tbv Stroot Northnoat to the West oust.*of SR 167; thence North along cad root margin to the ' point of beginalsg. mumuuall Tho forth 20.00 foot of the Southwest quarter of the Northwest quarter or Section 12, Towashlp 21 North, Hance 4 rant, Willametto Meridian, in King County, gaahingtOn. lying Root of ',TRACT ail ao dandribad above; KXCEPT the font 36.00 root or paid touthwant Quarter. DEnrestaluatauSIETAKEE42220.2,421/02131=TBETATISEBETESSISTEENCAZdaBIOXISUMUISCEEKIE . .. . • . - SUBJECT 70 a store drainage Oncoming over,under end across said Tract'C its/ ..Odd ,.. AT . • lir • • . . • • • • • .. . . . ' . . . . • , • • • page 2 of 2 • . . • . . . • : . I . • . . I' I • : https://recordseatch.kingcounty.gov/LandmarkWeb//Document/GetDocumentForPrintPNG/... 1/4/2018