HomeMy WebLinkAbout5596 RESOLUTION NO. 5596
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INGRESS, EGRESS, AND AIR RIGHTS
EASEMENT BURDENING CITY OWNED PROPERTY FOR
THE BENEFIT OF AUBURN CITY CENTER SENIOR LIVING
ASSOCIATES, LLC
WHEREAS, the City of Auburn owns a lot at the intersection of West Main Street
and Division Street, which is used as a downtown public park plaza; and
WHEREAS, Auburn City Center Senior Living Associates, LLC is constructing a
seven-story mixed-use building permitted by the City of Auburn under building permit
BLD18-0140 which will abut the plaza on the south and west edges; and
WHEREAS, for the benefit of their development, Auburn City Center Senior Living
Associates, LLC desires to purchase both an air rights easement and an ingress &egress
easement across and above the west 8 feet and south 8 feet of the plaza, except for the
east 10-foot portion of the south 8 feet; and
WHEREAS, the City has negotiated a price for the easement of$65,000.00, which
is considered to be the current fair market value for the property rights being granted.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an easement in substantial the
form of the easement attached as Exhibit A granting Auburn City Center Senior Living
Associates, LLC and any successors in interest the rights of Ingress, Egress, and Air
Rights on and above the City property at West Main Street and Division Street,
Resolution No. 5596
May 11, 2021
Page 1 of 2 Rev. 2019
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: f+� da � 20Z1
CITY OF AUBURN
ANCY B Al KUS, MAYOR
ATTEST: APPROVED AS TO FORM:
"14\ CZTVY,ViA
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5596
May 11, 2021
Page 2 of 2 Rev.2019
Instrument Number: 20210602001648 Document:EAS Rec: $110.50 Page-1 of 8
Record Date:6/2/2021 1:15 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY MARY M.
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
INGRESS, EGRESS SURFACE& AIR RIGHTS EASEMENT
RECORDING REQUESTED BY
FIRST AMERICAN TITLE COMPANY
AS AN ACCOMMODATION ONLY
•
Grantor/Borrower: CITY OF AUBURN
Grantee/Assignee/Beneficiary: AUBURN CITY CENTER SENIOR LIVING
ASSOCIATES, LLC
Legal Description/STR: Portions of Lot 1 and Lot 2, Block 2,Town of Slaughter,
Volume 2, Page 56 NE 1/4 of SE 1/4 S13 T21N R4E[Full
Legal Description on Exhibit A attached hereto.]
Assessor's Tax Parcel ID#: 7815700085
GRANTOR, CITY OF AUBURN, WASHINGTON, for and in consideration of the
payment of Sixty Five Thousand Dollars and No Cents ($65,000.00) and other valuable
consideration, grants to AUBURN CITY CENTER SENIOR LIVING ASSOCIATES, LLC, the
following easements, subject to the terms and conditions set forth herein(collectively,the"Easement"or
the"Agreement"):
A perpetual exclusive vertical easement for the use of all its air rights in the volume of air
space defined as the Air Easement Area. The sole permitted use of the foregoing easement is for
the construction, maintenance, occupancy, and use of the improvements as permitted by the City
of Auburn under building permit BLD18-0140, which is on file with the City of Auburn and is
incorporated by this reference.
EASEMENT AREA: The Air Space Easement Area consists of the volume of air directly
above the ground or finished pavement surface of the Surface Easement Area that is reasonably
necessary to accommodate the permitted uses of the easement.
A perpetual non-exclusive access easement over,through,and across the Surface Easement
Area giving Grantee, including its tenants, subtenants, agents, contractors, and employees, the
absolute right, at times as may be necessary, for immediate pedestrian and non-motorized ingress
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
INGRESS,EGRESS SURFACE &AIR RIGHTS EASEMENT
RECAORDING REQUESTED BY
AS AN ACCOMMODATION ONL
Grantor/Borrower: CITY OF AUBURN
Grantee/Assignee/Beneficiary: AUBURN CITY CENTER SENIOR LIVING
ASSOCIATES,LLC
Legal Description/STR: Portions of Lot 1 and Lot 2,Block 2,Town of Slaughter,
Volume 2,Page 56 NE 1/4 of SE 1/4 S13 T21N R4E[Full
Legal Description on Exhibit A attached hereto.]
Assessor's Tax Parcel ID#: 7815700085
GRANTOR, CITY OF AUBURN, WASHINGTON, for and in consideration of the
payment of Sixty Five Thousand Dollars and No Cents ($65,000.00) and other valuable
consideration, grants to AUBURN CITY CENTER SENIOR LIVING ASSOCIATES, LLC, the
following easements, subject to the terms and conditions set forth herein(collectively,the"Easement" or
the"Agreement"):
A perpetual exclusive vertical easement for the use of all its air rights in the volume of air
space defined as the Air Easement Area. The sole permitted use of the foregoing easement is for
the construction, maintenance, occupancy, and use of the improvements as permitted by the City
of Auburn under building permit BLD 18-0140, which is on file with the City of Auburn and is
incorporated by this reference.
EASEMENT AREA: The Air Space Easement Area consists of the volume of air directly
above the ground or finished pavement surface of the Surface Easement Area that is reasonably
necessary to accommodate the permitted uses of the easement.
A perpetual non-exclusive access easement over,through,and across the Surface Easement
Area giving Grantee, including its tenants, subtenants, agents, contractors, and employees, the
absolute right, at times as may be necessary, for immediate pedestrian and non-motorized ingress
and egress upon said Easement Area;provided,however,that Grantee's easement rights shall not
be deemed or act to exclude the public from ingress and egress upon said Easement Area.
EASEMENT AREA: The Surface Easement Area consists of that portion of LOT 1 AND
THE EAST 4 FEET OF LOT 2, BLOCK 2, TOWN OF SLAUGHTER, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, IN KING COUNTY,
WASHINGTON legally described in Exhibit A and depicted in Exhibit B attached hereto.
The foregoing easements are granted subject to and conditioned upon the following terms,
conditions, and covenants which the parties promise to faithfully and fully observe and perform:
1. MAINTENANCE OF THE SURFACE EASEMENT AREA SURFACE. The
Grantee, at its sole cost and obligation, shall keep the surface areas located within the Surface
Easement Area in a neat and clean manner, free from debris, obstructions and graffiti. Under the
direction of the Grantor, but at the sole cost of Grantee, Grantee shall repair any damage to the
Surface Easement Area caused by them,their contractors, agents or tenants. Grantee shall remove
any obstructions, graffiti or debris located within the Surface Easement Area within 24 hours,
when practical, and within a reasonable time period otherwise. Grantee shall immediately remove
or cause to have removed any obstructions which may present a safety hazard to either Parties'
property or to any person. Grantee further agrees to not place, or to cause to be placed any
permanent structures within the Surface Easement Area, and not to undertake, authorize or permit
to any construction or excavation on or near the Surface Easement Area which might in any fashion
damage the Area's surface. If the Grantee fails to remedy any condition that the City Engineer
deems a safety hazard within the time specified in a written notice from the Engineer,the Grantor
may correct the condition as is identified in the written notice and Grantee shall pay the out-of-
pocket expenses of the work and if it fails to do so within ninety (90) days of notice, which shall
include reasonable supporting documentation, the unpaid amount for such expenses shall be
secured by a continuing lien on the dominant estate for the benefit of Grantor.
Grantor retains the right to use the Surface Easement Area as long as such use does not interfere
with the rights granted by the foregoing easements. Notwithstanding damage caused by Grantee
or any of Grantee's tenants as described above, the Grantor in its sole cost and obligation is
responsible for the maintenance,repair,replacement and care(together"Work")to the surface and
subsurface of the Grantor's property located within the Surface Easement Area. The Grantor has
full discretion and authority as to the type of surface, repair and replacement of the surface and
subsurface used or placed upon Grantor's property. Grantor shall make all reasonable
accommodations to protect and maintain access to the Grantee's property while fulfilling its work
obligations. For purposes of this paragraph,reasonable access includes ingress and egress to only
a portion of the Surface Easement Area during a period of no more than 90-days in a 365-day
period when it is reasonably necessary for Grantor to perform maintenance,repair,or construction
work on the servient estate,as long as Grantor does not prevent ingress and egress to any entryway
during this period that is the sole access to Grantee's building or to the leasehold of a building
tenant. Grantee agrees that it will not install awnings, balconies or other improvements that
obstruct or impede Grantor's maintenance,operations,repair,or replacement of Grantor's property
and facilities, including, but not limited to, lighting and stormwater management systems.
Grantee acknowledges the presence of a subsurface stormwater management system that limits the
loading capacity of the property's surfaces.Grantee agrees to not exceed the load limits designated
by the Grantor and agrees to replace in-kind any portion of the stormwater management system or
other Grantor facilities damaged by the Grantee in accordance with the City's standards and
requirements.
2. MAINTENANCE OF THE BUILDING IMPROVEMENTS WITHIN THE AIR
SPACE EASEMENT AREA. Grantee, as owner of those improvements located within the Air
Space Easement Area, shall at their sole cost and expense maintain all awnings, balconies, and
other improvements that are within the Area in a clean, safe, and structurally sound condition and
with awnings being free of rips and tears. Grantee shall immediately after notice repair or correct
or cause to be repaired or corrected any such structure or item on such structure that presents a
hazard to persons using the Grantor's property. The maintenance, cleaning, and repair of all such
improvements will be accomplished in a manner that will not interfere with the use of the dominant
estate, including the Surface Easement Area. If the Grantee fails to remedy any condition that the
City Engineer deems a safety hazard within the time specified in written notice from the Engineer,
the Grantor may correct the condition as identified in the written notice, assess the amount on
Grantee, and Grantee shall pay the cost of the remedial work plus an additional 10% for
administrative and management purposes. If Grantee fails to pay the amount within ninety (90)
days of notice, which shall include reasonable supporting documentation, the unpaid amount for
such expenses shall be secured by a continuing lien on the dominant estate for the benefit of
Grantor.
The Grantee shall prevent any discharges from cleaning or maintenance activities from entering
the stormwater catch basins and thence into the stormwater detention facility located in the
Grantor's property legally described in Exhibit A.
3. INDEMNIFICATION Grantee, its successors and assigns, covenants and agrees
to defend, indemnify and hold harmless Grantor and Grantor's officers, employees,
representatives, agents, successors and assigns (hereinafter collectively the "Indemnitees") from
all claims, losses, expenses, liens (including, without limitation, liens or claims for services
rendered or labor or materials furnished), encumbrances, liabilities, penalties, judgments,
settlements,fines,damages,environmental response and cleanup costs,proceedings,actions(civil,
criminal or administrative), and costs, including without limitation, attorney's fees, court costs,
consultant fees, expert fees and other litigation-related expenses, brought against, imposed upon,
suffered by or paid by Indemnitees and arising out of or in connection with or resulting from,
indirectly or directly: (i) construction, maintenance, installation or repair activities within the Air
Space and Surface Easement Areas by Grantee, its agents, employees, representatives, and
successors and assigns; or (ii) the failure of Grantee its agents, employees, representatives, and
successors and assigns to properly to maintain any structures within the Air Space and Surface
Easement Areas in good condition and repair, or (iii). use or occupancy of the Air Space and
Surface Easement Area by Grantee, its agents, employees, tenants, contractors, invitees, and
successors and assigns.
4. INSURANCE. Grantee and its successors and assigns, shall obtain and maintain
during the entire term of this Agreement a policy or policies of general public liability insurance,
including broad form endorsements, on an occurrence basis, naming City of Auburn as an
additional insured using ISO form CG 20 12, with combined policy limits of not less than
$2,000,000 for injuries,including accidental death,to any one person,and subject to the same limit
for each person,not less than$2,000,000 for any one accident involving two or more persons;and
property damage liability insurance shall not be less than$2,000,000,for any one accident and not
less than$2,000,000 aggregate with respect to the improvements to be located within the Surface
and Air Space Easement Areas.
5. EASEMENT TERMINATION: The rights granted within this Easement are
specific to the development and construction of the improvements as permitted by the City of
Auburn under building permit BLD18-0140. Upon the building being demolished causing
elements of the building to no longer occupy the air rights granted in this easement,this Easement
and all rights and privileges granted within this easement shall automatically terminate.However,
failure of the building elements to occupy the air rights granted in this Easement as a result of
repair, replacement, fire, or acts of God shall not be cause for termination.
At such time as the owner(s) of the building elect to demolish the building they shall record a
release of easement. Failure to record any such release of easement does not prevent the
termination of this Easement.
6. RIGHT OF SPECIFIC PERFORMANCE & PRESERVATION OF RIGHTS: In
addition to all other rights available at law,each Party shall have the right to require the other Party
to specifically perform such Party's obligations hereunder, including the right to enjoin the other
Party from exercising any right that may interfere with the rights granted hereunder to the other
Party. Failure by either party to enforce its rights at any time shall not be deemed a waiver of such
rights and waiver of a default by the other Party shall not be deemed a waiver of the Party's right
to assert its rights in response to any subsequent or other default.
7. CREATION OF LIEN. By execution of this Agreement, Grantee grants Grantor
the authority, upon notice, to lien the dominant estate to secure unpaid assessments for the costs
of maintenance of the Surface and Air Space Easements Areas as provided herein for the benefit
of the City.
8. NOTICES. Any notices required or permitted to be given under this Agreement
shall be in writing and shall be deemed to be given (a) when actually received by that Party, (b)
when sent via overnight courier service and confirmation of receipt by the addresses is obtained
from the courier, or (c) three (3) days after being addressed to the Party at its published address
and deposited in the United States mail with postage prepaid,or in registered or certified mail with
return receipt requested.
9. COVENANTS RUNNING WITH THE LAND. The parties acknowledge and
agree that the easements, and other rights conferred in this Easement, and the indemnity and other
obligations are intended to, and do, constitute covenants that run with the land of the Burdened
Property(servient estate)and shall inure to the benefit of and be binding upon the parties and their
respective grantees, heirs, successors and assigns, including those claiming by, through, or under
Grantee as owners and holders of the Easements or holding any rights to the Air Space or Surface
Easement Areas, subject only to paragraph 5, Easement Termination, above.
10. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of
the Parties, and supersedes all prior understandings relating to them, whether written or oral.
11. LEGAL CONSTRUCTION. This Agreement shall not be construed more or less
favorably between the Parties by reason of authorship as both Parties had an opportunity to have
the document reviewed by their counsel. This Agreement may be executed in duplicate original
counterparts and all copies of this Agreement so executed shall be deemed to be one agreement.
12. RECORDING. Grantee shall, at its expense, record this Agreement with the King
County Recorder.After this Agreement is recorded, Grantee shall provide Grantor with a copy of
the recorded Agreement.
Dated this I 1 day of 1A 1 all , 2021.
CITY OF AUBURN, WASHINGTON
Nancy Backu ayor
ic.c.
STATE OF WASHINGTON)
) ss
COUNTY OF KING. )
I hereby certify that I know or have satisfactory evidence that Nancy Backus is the person who
appeared before me, and acknowledged that she signed this instrument and on oath stated that she
was authorized to execute the instrument as the Mayor of the City of Auburn and acknowledged it
to be that party's free and voluntary act for the uses and purposes mentioned in the instrument.
Dated Mak) 11th2021
44.4uxikstkcrituge
,kl1AH $C ii Notary Public in and for the State of IN Pc
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202199
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Accepted and Approved by:
AUBURN CITY CENTER SENIOR LIVING ASSOCIATES, LLC
By: Auburn City Center Senior Living Development Associates, LLC,
Its Managing Member
d7i4
Bryan M. Park, Manager Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Bryan M. Park is the person who
appeared before me, and acknowledged that he signed this instrument and on oath stated that he
was authorized to execute the instrument as the Manager of Auburn City Center Senior Living
Development Associates, LLC, the Managing Member of Auburn City Center Senior Living
Development, LLC, and acknowledged it to be that party's free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated Aril /am u
(, Flu O
tzi L y'04 Notary Public in and for the State of dLShvl
* .•-e7E73%iq��l� Residing at pu.�a. hAla
NOT�y 0.'0 My appointment expires 3-44424-
11
�OF WAS\
Exhibit A
Surface Easement Area Legal Description
THE WEST 8.00 FEET TOGETHER WITH THE SOUTH 8.00 FEET, EXCEPT THE EAST 10.00 FEET OF THE SOUTH 8 FEET
OF THE FOLLOWING DESCRIBED PARCEL:
LOT 1 AND THE EAST 4 FEET OF LOT 2, BLOCK 2, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 2 OF PLATS,PAGE 56,IN KING COUNTY,WASHINGTON.
TOGETHER WITH THAT PORTION'OF THE VACATED ALLEY WHICH WOULD ATTACH BY OPERATION OF LAW AS
PROVIDED BY ORDINANCE NO.6193 RECORDED SEPTEMBER 12,2008 UNDER RECORDING NO.20080912001319.
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Exhibit B
Surface Area Easement Depiction
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EXHIBIT "B"
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SCALE: For: JOB NUMBER
HORIZONTAL 1"=60' LEGACY PLAZA 20230
BARGHAUSENEl
SENIOR LIVING APARTMENTS 20230L.001.DCC
CONSULTING ENGINEERS, INC.
Title: SHEET
18215 72ND AVE
KENT, WA 98032NUE SOUTH INGRESS, EGRESS
425.251.6222 BARGHAUSEN.COM & AIR RIGHTS EASEMENT 1of 1
N. DESIGNED XXX !DRAWN JSE 'CHECKED OBH 'APPROVED OBH 'DATE 06/19/19