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1 ORDINANCE NO. 3 9 9 3
2 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PLAT OF AUBURN
3 400 DIVISION NO. 1 TO THE CITY OF AUBURN, ACCORDING TO THE PLAT ON; FILE WITH
THE CLERK OF THE CITY OF AUBURN.
4
5 WHEREAS, the Auburn Planning Commission held a public hearing July 3,
6 1984, on the Final Plat of Auburn 400 Division No. 1 and recommended approval
7 based upon the following "Findings Of Fact", to-wit:
8 1. This final plat has been prepared in accordance with the subdivision ordi-
nance and the preliminary plat that was approved in August of 1981.
9 2. The majority of the improvements (i .e-.,:.streets, sewer water, etc.) have
10 been constructed to City standards and accepted by the City Engineer.
11 3. The stub street lying between lots 31 and 29, 30, 38; and the stub street
lying between lots 36 and 37 have not been constructed to City standards
12 and a performance bond is required (ACC 17.12.130) .
13 4• The preliminary plat that was approved in 1981 illustrated a streetto run
north/south between lots 34 and 35, 24 and 25, and 15 and 16. This street
14 is not being proposed (nor is it needed) to be constructed since the plat
has been modified so that all lots are served by a street without the need
15 of an additional street. The owners have acknowledged in writing that
future phases of the plat will be modified to eliminate lots which would
16 be served by this street.
17 5. The owners have provided a covenant which would allow for a street to be
built between lots 34 and 35 (if it will be needed) to serve property
18 lying north of those lots.
19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
20 ORDAIN AS FOLLOWS THAT:
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Section 1. The Plat of Auburn 400 Division No. 1 located in the southeast
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quadrant of SR 167 and Highway 18 on 15th Street S.W. , in the City of Auburn,
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which plat is on file with the City Clerk of the City of Auburn, and which
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plat is of the following described property is hereby approved; to-wit:
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`That por of the NE4 of Sec23, Twp 21 N, R 4 EWM lyg Ely of the SEly marg of
26 SR 167 as condemned in King Co., Superior Court Cause No. 's 726045 and 724227,
and lyg Sly of the follg desc ln:
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Beg at the SE cor of sd NE4; th N 00-34-56 W, 1235.31 ft alg the E ln of sd
28 NE4 to the TPOB; th S 88-38-10 W, 590.00 ft; th N 01-21-50 W, 320.00 ft; th S
88-38-10 W, 353.56 ft to the SEly marg of SR 167 and terminus of sd ln; EXCEPT
29 the S 30 ft thof for 17th St. S.W. ; AND EXCEPT that por thof conveyed to the
City of Auburn for. 15th St. S.W. by deed recorded under King County Rec. No.
30 6127136 and amended by deed recorded under King County Recording No. 6606248;
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32 Ordinance No. 3993
Page One of Three .
7/16/84
1 AND EXCEPT that por thof conveyed to the State of Washington by deed recorded
under King County Rec. No. 7103180362; TOGETHERWITH that portion of the NW4 of
2 Sec 24, Twp 21 N, R 4 EWM, Washington, lyg Wly of the NWIy marg of the
Seattle-Tacoma Interurban Railway (NOW KNOWN AS Puget Sound Electric Railway)
3 and lyg Sly of the foil desc ln:
4 Beg at the SW cor of sd NW4; th N 00-34-56 W, 1,235.31 ft alg the W In of sd
NW4 to the TPOB; th N 89-19-52 E, 2,541.67 ft alg a in -4OO.O4 ft N of and pllw
5 the Nly margin of 15th St. S.W. as conveyed to the City of Auburn by deed
recorded under Recording No. 6127136, to the .NWly margin of the Seattle-Tacoma
6 Interurban Railway and terminus of sd ln; TOGETHERWITH that por of vacated
17th St. S.W. adj which upon vacation, attached to sd property by operation
7 of law under City of Auburn Ordinance No. 3636; TOGETHERWITH that por of
vacated "0" St. S.W. adj which upon vacation, attached to sd property by
8 operation of law under City of Auburn Ordinance No. 3965; TOGETHER WITH the E
30 ft of sd NE4 of Sec 23, lyg Nly of 15th St. S.W. and Sly of the foil desc
9 ln:
10 Beg at the SE cor of sd NE4; th N 00-34-56 W, 1235.31 ft alg the E In of sd
NE4 to the TPOB; th S 88-38-10 W, 590.00 ft; th N 01-21-50 W, 320.00 ft; th S
11 88-38-10 W, 353.56 ft to the SEIy margin of SR 167 and terminus of sd ln;
EXCEPT that por thof conveyed to the City of Auburn for 15th St. S.W. by deed
12 recorded under Rec No. 6127136 and amended by deed recorded under Rec. No.
1 3 6606248; AND EXCEPT that por of the S 30 ft for 17th St. S.W. not vacated
under City of Auburn Ordinance No. 3636; AND EXCEPT the W 40 ft of that por of
the SW4 of sd NW4 .lyg S of the strip conveyed by instrument recorded under
14 Recording No. 6127136 and amended by instrument recorded under Recording No.
1 5 6606248; AND EXCEPT that por conveyed to the State of Washington for highway
by deed recorded under Recording No. 6640985; Situate in the City of Auburn,
16 County of King, State of Washington.
Section 2. This ordinance shall not be signed by the Mayor and City Clerk
17
until the bond is in an acceptable form to the City Attorney and City
18
Engineer.
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Section 3. The Mayor and City Clerk of the City of Auburn, be and they
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21 are hereby authorized to sign a statement, written upon the face of said plat,
22 to the effect that said plat has been examined and approved by this
23 Ordinance.
24 Section 4. The Mayor is hereby authorized to implement such administra-
25 tive procedures as may be necessary to carry out the directions of this
26 legislation.
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32 Ordinance No. 3993
Page Two of Three
7/16/84
t . •
1 Section 5. This Ordinance shall take effect and be in force five (5) days
2 from and after its passage, approval and publication, as provided by law.
3
INTRODUCED: JULY 16, 1984
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PASSED: JULY 16, 1984
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APPROVED: JULY 16, 11:j
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414111jr-
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11 AYOR
ATTEST:
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X276
14 City Cl k
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16 APP' IVED AS TO FORM:
17
18 f�
City Attorney
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4020
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22 PUBLISHED: AUGUST 12, 1984
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32 Ordinance No. 3993
Page Three of Three
7/16/84
, =a
The Quadrant Corporation
A Weyerhaeuser Company Weyerhaeuser
July 17, 1984
J U L 1 7 1984
Patrick L. Dugan, Director
. Planning & Community Development Dept. -
City of Auburn
25 West Main
Auburn, WA 98001
Re: CONTRACT BOND
Dear Pat:
Attached is the revised Contract Bond. If you have any questions ,
please advise.
Very truly yours,
THE QUADRANT CORPORATION
C- )
George Sherwin, Jr. 7Z
Project Manager
GS:ka
Encl .
1427-116th Avenue N.E.
P.O. Box 130
Bellevue, Washington 98009
(206) 455-2900
F.. ' •
N ,{ gip . .
CONTRACT BOND •
Property&l.rablrly
Insurance
BOND NO. 400GZ 0721
Know all men by these presents that we, THE QUADRANT CORPORATION
as Principal,
and the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of
the State of Minnesota and duly authorized to transact business in the State of Washington
as Surety, are held and firmly bound unto THE CITY OF AUBURN, WA.
• as Obligee,
• in the sum of ONE HUNDRED .EIGHTY SEVEN THOUSAND SIX HUNDRED AND NO/100 - - ($187,600.00)
DOLLARS, for the payment whereof well and truly to be made, the Principal and the Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed, and dated this 29th day of June 19 84 •
WHEREAS the Principal and the Obligee have entered into a written contract, a copy of which is or may be
attached hereto, dated the day of 19 , for
Improvements, as. r.equired by .the. City of Auburn's• Engineer,- to Division" I , Plat of
Auburn 400 Corporate Park-Extension of 0 Street SW and Industry Drive SW Northward
from 15th SW, and as required by the City Engineer shall pay all laborers, mechanics,
and sub-contractors and material men, and all persons who supply such persons or
sub-contractors, with provisions and supplies for the completion of the required
public improvements all in accordance with City of Auburn Ordinance Number 3993
enacted July 16, 1984.
•
NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify
the Obligee for all loss that the Obligee may sustain by reason of the Principal's failure to comply with any of the
terms of said contract,then this obligation shall be void; otherwise it shall remain in force.
Any suit under this bond must be instituted before the expiration of two (2) years_iirom the date on which
final payment falls due.
THE QUADR! I CORPO13. ; ON__-,- --
...IV ' ....... 4_�r---ley (se:�►)
Principal'':. -
By Stephen A. Dennis, -3r.--Vice-President
President
FIRE ARINF SURAN/C,E COMPANY
�yy,/ /r� '.`7.',- �d-- = •
LI rney-in-tact -
Wilma P McDonald
10937 Rev.5.62 Printed in U.S A. -
w,r x -ST.PAUL FIRE AND N ARINF• INSURANCE COMPANY • CEIt'I'IFlc:,tt't O
�� 385 Washington Street,St.haul Minnesota 55402 AUTHORITY NO.
uu ane
GENERAL POWER OF ATTORNEY - CERTIFIED COPY . n. !1:7.,Ar 3 3 0 'L_
(Original on File at Home Office of Company.See Certification.).
•
KNOW ALL MEN BY TIIESE PRESENTS: That St.Paul Fire and Marine Insurance Company,a corporation organized and existing under the laws of the State
of Minnesota,and having its principal office in the City of St. Paul,Minnesota,does hereby constitute and appoint:
John L. Christenson, Cheri J. Hawkins, Wilma P. McDonald, individually,
. Tacoma, Washington
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or
otherwise,
•
• NOT TO EXCEED IN PENALTY THE SUM OF FIFTY MILLION ($50,000,000) EACH
and•the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St.Paul Fire and Marine Insurance Company,as fully
and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and rnay•be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C),of the By-Laws
adopted by the Board of Directors of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called-and held on the 23rd day of January, 1970,
of which the following is a true transcript of said Section 6(C):
."The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority •
(1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and
(2)To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this
' section and/or any of the By-Laws of the Company,and
(3)To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May,1959,of which the following is a true exerpt: •
•
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
FcJy\tRt Elm4 ik,,
4,��� IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
.Q y% seal to be affixed by its authorized officer,this 2nd day of January,A.D. 1980.
=N :� m' ST.PAUL FIRE AND MARINE INSURANCE COMPANY
e, = STATE OF MINNESOTA
i2 To- �` County of Ramsey ss.
'Ye: -• ,._ 00 , V,i(44,4474---
•
/ rrr�R�A�tNtC"`�°� Vice President
On this 12th day of August ,19 81, before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Fire and Marine Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of
the Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St.Paul,Minnesota,the day
cAI* e --. and year first above written. .
AN,,,...:*
1
'$",,317/7( /� '
Cr LOIS O. SMITH,Notary Public, Ramsey County,MN
oUt(t� My Commission Expires September 29, 1987
CERTIFICATION
I, the undersigned officer of St. Paul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit,and the copy of the Section of the By-Laws•of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof,and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect:
.,aw RE4y, //�� /
��t` a •
F% si%r/�/
is IN TESTIMONY WHEREOF,I have hereunto set my hand this AW lam
4:AttOL:e___—
Oft p 29th June 84
7e c day of ,19
w,�s�R^ ��. — ' Secretary
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies,carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
For verification of the authenticity of this Power of Attorney,you may telephone toll free 800-328-9821 and ask for the Power of Attorney Clerk. Please refer
to the above Certificate of Authority No.and the above named individual(s).
29550 Rev. 11-82 Printed in U.S.A.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I , CORALEE McCONNEHEY, the duly appointed, qualified City Clerk of the
City of Auburn, a Municipal Corporation and Code City, situate in the County
of King, State of Washington, do hereby certify that the foregoing is a full ,
true and correct copy of Ordinance No. 3993 of the Ordinances of the City of
Auburn, entitled:
"AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PLAT OF
AUBURN 400 DIVISION NO. 1 TO THE CITY OF AUBURN, ACCORDING TO THE PLAT ON
FILE WITH THE CLERK OF THE CITY OF AUBURN."
I certify that said Ordinance No. 3993 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 16th day of July,
1984 A.D.
I further certify that said Ordinance No. 3993 was published as provided
by law in the Daily Globe News, a daily newspaper published in the City of
Auburn, and general circulation therein, on the 12th day of August, 1984 A.D.
WITNESS my hand and the official seal of the City of Auburn, Washington,
this 13th day of August, 1984 A.D.
a64CITY CLERK CIT OF AUBUR