HomeMy WebLinkAbout5854RESOLUTION NO. 5854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, A PURCHASE
AND SALE AGREEMENT WITH ZACHARY D. AND
SHAWNEE R. BECK FOR THE DISPOSAL OF SURPLUS
REAL PROPERTY KING COUNTY PARCEL NUMBER
3341000088
WHEREAS, the City of Auburn's Water Utility owns vacant real property legally
described in Exhibit A (the "Property"), generally located south of SE 320th Street, off of
104th PL SE; and
WHEREAS, public notice was provided and a public hearing held in accordance
with the provisions of RCW 39.33.020 and RCW 35.94.040; and
WHEREAS, following due and proper public notice and the public hearing, the
City Council, by Resolution 5853, declared the Property as surplus to the needs of the
City and authorized its disposal; and
WHEREAS, Zachary D. Beck and Shawnee R. Beck, owners of adjacent
property, desire to purchase the Property at its appraised value of One Hundred Fifty -
Five Thousand and No/100 Dollars ($155,000.00); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is (i) authorized to execute the Purchase and Sale
Agreement (the "Agreement") attached as Exhibit B, for sale and conveyance of the
subject Property, and any future amendments to the Agreement, as appropriate, so long
as those amendments do not decrease the purchase price of the Property, and (ii)
Resolution No. 5854
August 7, 2025
Page 1 of 2
execute all necessary documents to complete the closing of the purchase transaction to
dispose of the Property consistent with the terms and conditions of the Agreement.
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: September 2, 2025
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5854
August 7, 2025
Page 2 of 2
CITY OF AUBURN
- Kft-rm� -
NANCY BA S, AYOR
Jason Whalen, City Attorney
EXHIBIT "A"
Legal Description of the Property
Beginning at a point on the westerly line of Green River Roulovard,
106-66 feet, South 17° east from the northeast corner of Lot 19 of
C.D. Hillman's Green River Addition No. 1, according to the plat
thereof recorded in Volume 17 of Plats, page 67, in King county,
Washington;
thence north 170 west, 106.66 feet along the westerly line of Green
River Boulevard to the northeast corner of Lot 191
thence continuing along said westerly line, north 420301 east, 108.78
feet to the northeast corner of Lot 18;
thence north 88"411 west, 237 feet, more or less, to the easterly
bank of the Green River;
thence southwesterly along the easterly bank of the Green River, 212
feet, more or less, to a point which bears north 89041107" west from
the TRUE POINT OF BEGINNING;
thence south 899411070 east, to the TRUE POINT OF BEGINNING;
EXCEPT THEREFROM any portion lying north of a line parallel to and
255 feet south as measured at right angles to the north line of the
northwest quarter of Section 17, Township 21 North, Range 5 East,
W.M., in King County, Washington;
EXCEPT any portion of the following described tract:
Commencing at the northeast corner of Tract 16 of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 320th Street
Southeast and the westerly right-of-way of 104th Place Southeast;
thence north 89041"07" west along said southerly right-of-way of 320"
Street Southeast a distance of 366.29 feet to the point of
beginning,
thence south 15*32102" east, a distance of 314.27 feet;
thence north 89*41107,11. west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19026125-" west 82.16 feet, north
13c'56'40" west 77.38 feet, north 18019,390 west 75.15 feet, north
100411090 west 76.40 feet to said southerly right-of-way of 3 20th
Street Southeast;
thence south 890411070 east, 25.61 feet to the point of beginning;
TOGETHER WITH that portion of the Green River Boulevard adjoining on
the east vacated by Board of County Commissioners under order of
vacation dated December 17, 1956.
(BEING KNOWN AS Parcel D of King County Boundary Line Adjustment
Number S92L0080, recorded under Recording Number 9307301336);
(legal description, continued)
LEGAL DESCRIPTION, continued:
TOGETHER WITH an undivided one -quarter interest in the following
described tract:
Commencing at the northeast corner of Tract 16, of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 320tb Street
southeast and the westerly right-of-way of 104"b Place Southeast; th
thence north 890411070 west along said southerly right-of-way of 320—
Street Southeast a distance of 366.29 feet to the Point Of
beginning;
thence south 150'32102R east, a distance of 314.27 feet;
thence north 89*41'07" West, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19"26'25" west 82.16 feet, north
13*56140" west 77.38 feet, north 28019139" west 79-15 feet, north
10041,09" west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 890411070 cast, 25.61 feet to the point of beginning;
(BEING KNOWN AS Parcel E of King County Boundary Line Adjustment
Number S92L0080, recorded under Recording Number 9307301326).
END OF EXHIBIT A
King County Parcel number - 3341000088
Docusign Envelope ID: ODA21 D4B-180A-4881-96F8-E61618AFB65A
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of the
day of , 2025 ("Effective Date"), by and between the Zachary D. Beck,
and Shawnee R. Beck a married couple ("Buyer"), and the City of Auburn, a Washington
municipal corporation (the "City" or "Seller"). Seller and Buyer are collectively referred
to as the "Parties."
RECITALS
A. The City's Water Utility department purchased the Subject Property with
the intent of constructing a booster pump station. However, before any construction began,
the City acquired another property better suited for the facility.
B. Buyer submitted an unsolicited offer to purchase the Subject Property from
Seller along with an appraisal supporting the Purchase Price offered.
C. On September 2"d, 2025, through the ratification of Resolution 5853 the
Auburn City Council, after providing proper notice and holding a public hearing pursuant
to RCW 35.94.040 and 39.33.020 declared the Subject Property as surplus to the needs of
the City.
D. This purchase and sale agreement is approved through the ratification of
Resolution 5854 by the Auburn City Council.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which the Parties mutually acknowledge, Buyer and Seller agree as follows:
1. Certain Def ned Terms. For purposes of this .Agreement; the following
capitalized terms in this Agreement will have the following definitions:
1.1 "Subject Property" is the real property legally described in attached Exhibit
A which consisting of approximately 0.29 acres of vacant land generally located south of
SE 320d' Street, along 1041h PL SE in Auburn, Washington, having the King County Tax
Parcel Nos. 334100-0088.
1.2 "Closing" or "Close of Escrow" means the recordation of the Deed in the
Official Records and Seller's receipt of the Purchase Price.
1.3 "Closing Date" means the date which is thirty (30) days after the expiration
or waiver of the due diligence and feasibility review period.
Purchae and Sale Agreement — Beek/ COA —FINAL
King County Parcel. # 334100-0088
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1.4 "Deposit" means an amount of two thousand five hundred, dollars ($2,500),
plus any other amounts designated as a Deposit in this Agreement.
1.5 "Escrow" means the escrow opened with Escrow Agent for the
consummation of the transaction described in this Agreement.
L6 "Escrow Agent" means Ticor title Company; located at: 33400 91h Ave S.
#102, Federal Way, WA 98003.
1.7 "Official Records" means the official real property records of King County,
Washington.
1.8 "Penmitted Exceptions" has the meaning as set forth in Section 6.1 below.
1.9 "Purchase Price" has the meaning as set forth in Section 3.
.1.10 "Title Company" means Ticor Title Company.
1.11 "Title Policy" means the then current Seller -purchased standard coverage
ALTA owner's policy of title insurance issued by the Title Company to Buyer with
coverage in the amount of purchase price, showing title to the Subject Property. vested in
Buyer subject only to the Permitted Exceptions.
1.12 "Offer Expiration Date" means that date the Seller shall have to accept,
counter, or reflect this offer before this offer becomes automatically revoked. Offer
Expiration Date is N/A
2. Purchase and Sale. Buyer agrees to buy, and Seller agrees to sell, all of Seller's
rights, title and interest in the Subject Property on the terms and. conditions set forth in this
Agreement.
3. Purchase Price; Cash Payment. The Purchase Price is One Hundred Fifty -Five
Thousand Dollars :and no cents ($155,000.00), which will be payable m full at Closing.
The Deposit will be applied to the Purchase Price due at Closing. The Purchase Price
payment by Buyer will be via wire transfer of collected federal fiends.
3.1. No Financing. Buyer warrants that it has or has secured the necessary funds
to consummate Closing of the Subject Property and that this Agreement is NOT subject to
any financing contingencies.
4. Earnest Money Deposit. On execution. of this Agreement, Buyer will deposit with
Escrow Agent Two Thousand Five Hundred Dollarsand no cents ($2,500.00) in cash
(the "Deposit"), which the Escrow Agent will hold as an earnest money deposit for this
transaction. The Deposit will be held in Escrow and applied or disposed of by the Escrow
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
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Agent based on the terms of this Agreement. The Deposit will not be refunded and will
become property of Seller upon expiration of Buyer's Due Diligence and Feasibility period.
5. Due Diligence. and Feasibility. Due Diligence and Feasibility Period. Buyer shall
have the right for a period of ten (10) calendar .days from the Effective Date of this
Agreement (the "Due Diligence Period") to conduct "Buyer's due diligence and feasibility
review, examination and inspection of all matters pertaining to its acquisition of the Subject
Property, including such inspections, tests, and surveys as Buyer deems appropriate to
determine the suitability of the Subject Property for Buyer's intended use. Buyer is solely
responsible to determine its ability to use the Subject Property for its intended use and is
solely responsible for submitting all necessary applications for City, State, and Federal
permits necessary to determine feasibility. If, based upon Buyer's review, examination and
inspection, Buyer determines in its sole discretion that it intends to acquire the Subject
Property, then Buyer shall promptly notify Seller of such determination in writing prior to
the expiration of the Due Diligence Period. In the event that Buyer fails to deliver such
notice to Seller on or before the expiration of the Due Diligence Period, Buyer will be
deemed to be satisfied and to have waived its right to terminate this Agreement pursuant
to this subsection. If Buyer timely and affirmatively advises .Seller in writing of its
dissatisfaction based on its Due Diligence review, then this Agreement automatically
terminates, the Parties' rights under this Agreement shall be of no further force or effect
and the Deposit will be returned to Buyer.
6. Title Policy. Promptly after mutual execution of this Agreement, Seller will obtain
and deliver to Buyer a standard coverage preliminary title insurance commitment covering
the Subject Property from the Title Company (the "Commitment"). The Title Company
will be instructed to deliver a copy of the Commitment and copies of exceptions to Buyer,
Seller, and the Parties' respective counsel. Approval by Buyer of the exceptions to title set
forth in the Commitment (other than as. hereinafter set forth) will be a condition precedent
to Buyer's obligation to purchase the Subject Property. Unless Buyer gives written notice
that it disapproves the exceptions to title shown on the Commitment (other than the
exceptions to title approved by Buyer and described in Section 6.1 below), stating the
exceptions so disapproved, within fourteen (14) calendar days after the date of delivery of
the Commitment to Buyer, Buyer will be deemed to have approved such exceptions. If
Buyer disapproves any title exceptions, Seller will have a ten (10) calendar day period after
its receipt of Buyer's written notice of disapproval of the same within which to provide
written notice to Buyer as to which of such disapproved title exceptions Seller will remove
(or cause to be removed) from title; provided, however, that Seller will not be requiredto
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 Buyer's
disapproved title exceptions at or prior to Closing, Buyer has the right to terminate this
Agreement by written notice to Seller and Escrow Agent given within ten (10) calendar
days after the earlier of the expiration of such ten (10) calendar day period or the date Seller
informs Buyer that it does not intend to remove the disapproved items (the "Termination
Notice"). Buyer's failure to deliver the Termination Notice within such ten (10) day period
will be deemed Buyer's approval of any such previously disapproved title exception. If
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
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Buyer delivers the Termination Notice within such ten (10) day period, the obligation of
Seller to sell, and Buyer to buy, the Subject, Property will terminate and. Escrow Agent is
instructed to promptly return Buyer's Deposit.
6.1 Permitted Exceptions. In addition to such other exceptions to title as may
be approved by Buyer pursuant to the provisions of Section 6 above, Buyer shall accept
title to the Subject Property subject to the following (collectively, the "Permitted
Exceptions"):
The printed exceptions which appear in the then current ALTA form standard
coverage owner's policy of title insurance issued by Title Company in the State of
Washington; and items created by, or on behalf of, Buyer..
7. Buyer's Right of Entry. Buyer, and its agents and consultants, at Buyer's sole
expense and risk, may enter the Subject Property during the tenn.of this Agreement for the
purpose of Buyer's due diligence and feasibility study of the Property. Buyer will (a)
exercise care at all times on or about the Subject Property, and (b) take precautions for the
prevention of injury to persons or damage to property on or about the Subject Property.
Any physical alteration of the Subject Property in connection with Buyer's study will be
restored by Buyer immediately upon demand by Seller, at Buyer's sole expense. Buyer
indemnifies Seller against any loss, .damage, or claim resulting from Buyer's inspections
and tests. Buyer is not Seller's agent in connection with such activities and has no authority
to allow any liens to encumber the Subject Property. Buyer shall keep the Subject Property
free from all mechanics', materialmen's and other liens, and all claims , arising from any
work or labor done, services performed, or materials and supplies furnished in with Buyer's
actions in the exercise of its right of entry on the Subject Property and Buyer will maintain
all insurance as required by Seller with respect to activities on the Subject Property.
8. Closiniz.
8.1 Time for Closing. This purchase and sale will be closed in the office of
Escrow Agent on the Closing Date. Buyer and Seller will place in Escrow with Escrow
Agent all instruments, documents and monies necessary to complete the sale under this
Agreement. Funds held in Escrow pursuant to Escrow instructions will be deemed, for
purposes of this definition, as available for disbursement to Seller. Neither party needs to
be physically present at the Closing.
8.2 Seller Exchange. Buyer agrees to cooperate should Seller elect to sell the
Property as part of a like -kind exchange under IRC Section 1031. Seller's contemplated
exchange shall not impose upon Buyer any additional liability, financial obligation, nor
will it affect the Closing. Date, and Seller agrees to .hold Buyer harmless from any liability
that might arise from such exchange. This Agreement is not subject to or contingent upon
Seller's ability to acquire a suitable exchange property or effectuate an exchange. In the
event any exchange contemplated by Seller should fail to occur, for whatever reason, the
sale of the Property shall nonetheless be consummated as provided herein.
Purchase and Sale Agreement — COA./ Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
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8.3 Closing Costs.
8.3.1 Seller's Costs. Associated with the sale and conveyance of the
Subject Property, Seller will pay: (a) one half of the escrow fees and costs,;. (b) all premiums
charged for the issuance of an ALTA Standard Coverage Owner's Policy, including
applicable tax; (c) all. real estate excise tax fees owed, if not exempt under WAC 458-6'1A-
205(2); (d) Seller's share of prorations; and (e) Seller's own legal fees and fees of its own
consultants, including but not limited to real estate broker commissions owed in connection
with this Agreement.
8:3.2 Buyer's Costs. Associated with the sale and conveyance of the
Subject Property, Buyer will pay: (a) one half of the escrow fees and costs; (b) any lender's
policy of title insurance acid/or all premiums charged for any additional endorsements, or
extended coverage Buyer may require or request,, including applicable sales tax; (c) the
recording fees for the Deed; (d) Buyer's share of prorations, if any; and (e) Buyer's own
legal fees and fees of its own consultants, including but not limited to real estate broker
commissions owed in connection with this Agreement.
8.3.3 Other Costs. All other costs and expenses will be charged according
to local industry customs.
8.3.4 Real Property Taxation. Seller will be .responsible for all real
property taxes due and owing prior to the Closing.
8.4 Closing Documents.
8.4.1 Seller's Documents. At Closing, Seller will deliver to Escrow Agent
the following instruments and documents:
a. An executed and acknowledged Bargain and Sale Deed acceptable to
Buyer;
b. The executed real estate excise tax affidavit to accompany the Deed;
and
c. An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
8.4.2 Buyer's Documents. At Closing, Buyer shall deliver to Escrow
Agent the following funds, instruments and documents:
a. The balance of the Purchase Price in accordance with Section 3;, and
b. An executed real estate excise tax affidavit.
Purchase. and Sale Agreement — COA / Zachary and Shawnee Beck —.FINAL
King County Parcel # 3334100088
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9. Possession. Buyer will be entitled to possession of the Subject Property upon
Closing.
10. Representations and Warranties.
10.1 Seller's Representations and Warranties. In addition to any other
representations or warranties of City elsewhere in this Agreement, Seller represents and
warrants to Buyer now, and as of the Date of Closing, that:
10.1.1 Authority. Seller has full power and authority to execute this
Agreement and perform Seller's obligations and all necessary action to authorize this
transaction has been taken, except as specifically provided herein.
10.1.2 Hazardous Substances. Seller has not received notification of any
kind from any governmental agency suggesting that the Subject Property is or may be
targeted for a .Hazardous Substances cleanup; to the best of Seller's knowledge the Subject
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 Subject Property has not been contaminated with any
Hazardous Substances; and (c) to the best of Seller's knowledge, there are no underground
storage tanks on the Subject Property. Buyer agrees to waive Seller's Disclosure Statement
under RCW 64.06.010 with the exception of item 6 `Environmental" under RCW
64.06.013 which Seller shall deliver to Buyer within five (5) business days following
execution of this Agreement. A blank copy of the Environmental ,Section of Seller's
Disclosure Statement is attached as Exhibit B for reference. Prior to closing, Buyer will
be responsible to evaluate the property for Hazardous Substances and Seller will be given
the opportunity, but will not be obligated, to remediate any concerns brought to the
attention of environmental authorities.
10.1.3 Buyer's Representations and Warranties. In addition to any other
representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and
warrants to Seller now, and as of the Date of Closing, that (a) Buyer 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 Buyer has the
authority to bind Buyer to the terms and conditions of. this Agreement.
10.1.4 "As is" condition of Subject Property. The Purchase Price reflects
that Buyer is purchasing the Subject .Property "as is," "where is," and "with all faults,"
except to the extent of representations and warranties specifically made by Seller or in the
Statutory Warranty Deed or other documents to be delivered by Seller at Closing.
11. Maintenance of Subject Property; Risk of Loss, Condemnation.
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
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11.1 Maintenance of Subject Property. From the date of this Agreement until
the Closing Date (or any earlier termination of this Agreement), Seller agrees to maintain
the Subject Property in substantially the same condition existing as of the Effective Date,
ordinary wear and tear, damage by casualty accepted.
t L2 Risk of Loss; Condelnnation..Risk of loss of or damage to the improvements
on.the Subject Property will be borne by Seller at all times until the Closing Date and no
event of casualty or damage shall affect the parties' obligations under the Agreement or
the Purchase Price, however, Buyer will have the right to receive any insurance proceeds
due Seller in connection with any casualty or damage and Seller covenants to maintain
commercially reasonable casualty insurance in place with respect to the Subject Property
at all times prior to Closing. Seller shall promptly notify Buyer of any condemnation or
eminent domain proceeding which affects or may affect the Subject Property. In the event
of any condemnation or eminent domain proceeding by any entity other. than City, or a
deed in lieu of or under threat thereof, which affects a material portion of the Subject
Property, Buyer may elect either to terminate this .Agreement, or to purchase the Subject
Property in the condition existing on the Closing Date without adjustment of the Purchase
Price.
12. Default.
12.1 Time of Essence. Time is of the essence for this Agreement.
12.2 Seller's Remedies for Buyer's Default or Failure to Close. If Buyer fails,
without legal excuse, to complete the purchase of the Subject Property in accordance with
this Agreement, Seller's sole and exclusive remedies shall be to retain the Deposit as
liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller
represents a reasonable estimation of the damages in the event of Buyer's default and
failure to close, that actual damages may be difficult to ascertain, and that this provision
does not constitute a penalty. In this respect, Buyer and Seller acknowledge that these
damages have been specifically negotiated between Buyer and Seller and will compensate
Seller for delaying the eventual sale of the Subject Property and to compensate. Seller or its
costs and expenses associated with this Agreement.
1.2.3 Buyer's Remedies for Seller's Default. If Seller fails to complete the sale
of the Subject Property in accordance with this Agreement, Buyer's remedy will be to
terminate this Agreement or to seek specific performance.
13. Notices. All notices, demands. and other communications required or permitted, to
be given 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, or by electronic mail (email) at the addresses provided. Notice
shall be deemed to have been given if personally delivered or sent by electronic snail
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
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(email), upon receipt,, if sent by mail, two (2) days after duly placed in the U.S. Mail to all
of the addresses designated for.such party.
The Parties' respective addresses for notices are as follows:
TO THE CITY
City of Auburn — Real Estate Division
Attn: Josh Arndt
25 West Main
Auburn, WA 98001
253.288.4325
Jarndt@auburnwa.gov
With copies to:
City of Auburn — Legal Department
Attn: Jason Whalen, City Attorney
25 West Main St
Auburn, WA 98001
253.804.3108
Zachary Beck
32021 100 PI SE
Auburn, WA 98092
206.719.2296
Zach@pacwestmech.com
With copies to:
Shawnee R. Beck
32021 104t" PI SE
Auburn, WA 98092
206.458.3067
Sditto96@comcast.net
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
14. General.
14.1. Entire Agreement. This is the entire Agreement (including the attached
Exhibits) of Buyer and Seller with respect to the matters covered hereby and supersedes .all
prior agreements between them, written or oral. This Agreement may only be modified or
amended in writing, signed by Buyer and Seller. Any waivers must be in writing. No
waiver of any right or remedy in the event of default will constitute a waiver of such right
or remedy in the event of any subsequent default. Venue for disputes under this Agreement
is the Superior Court of King County, Washington.
14.2 Choice of Law. This Agreement will be governed by the laws of the State
of Washington.
14.3 No Third Party Beneficiaries/Severability. This Agreement is for the
benefit only of the Parties and shall inure to the benefit of and bind the .heirs, personal
representatives., successors and pennitted assigns of the parties. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision. This Agreement may be executed in counterparts,
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each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
14.4 Survival of Rights, Duties, and Obligations. The Parties' rights, duties,
covenants, and obligations shall survive Closing and the expiration or earlier termination
of this Agreement.
14.5 Indemnification. From and after Closing, and for a period of ten (10)years
from the Closing Date, Seller shall indemnify, defend, and hold Buyer harmless from and
against any and all claims and agency orders or requirements relating to or arising out of,
directly or indirectly, the Subject, Property, except to the extent caused by the negligence
or willful misconduct of Buyer.
14.6 Signing Authority. Each of the Parties represents and warrants that the
individual signing this Agreement on its behalf is duly authorized to enter into this
Agreement and to execute and legally bind such Party to it. The City of Auburn's signing
authority is subject to Section 14.11.
14.7 Attorneys' Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party is 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.
14.8 Exclusivity. During the term of this Agreement, Seller will not market nor
list the Subject Property for sale, nor accept any offers from third parties with respect to
sale of the Subject Property.
14.9 Reservation of Police Power. Notwithstanding anything to the contrary set
forth in this Agreement, Buyer understands and acknowledges that 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.
14.10 Counterparts. This Agreement and any amendments that may come to exist;
may be executed in as many counterparts as may be convenient or required. It shall not be
necessary that the signature of, or on behalf of, each Party, or that the signature of all
persons required to bind any Party, appear on each counterpart. All counterparts
collectively constitute a single instrument.
14.11 Approval by Auburn City Council. The Parties acknowledge and agree that
this Agreement is subject to the approval and ratification. of the Auburn City Council.
14.12 No Broker. No broker, finder, agent or similar intermediary has acted for or
on behalf of the Buyer. Any broker, finder, agent or similar intermediary acting for or on
behalf of the Seller, if any, shall be paid from Seller's proceeds in accordance with Section
8.2.1 above.
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
Page 9 of 14
Docusign Envelope ID: ODA21 D4B-180A-4881-96F8-E61618AFB65A
14.13 Exhibits. The following exhibits are attached and incorporated into this
Agreement by reference.
(i) Exhibit A — Legal Description of the Subject Property
(ii) Exhibit B — Seller Disclosure, Environmental
SIGNATURES
SELLER BUYER
CITY OF AUBURN
Signed by:
06 8/26/2025
Nancy ku Mayor Date: Zachary D. Beck: Date:
Sig"ed by:
6wIn ,,, r. t'�-& 8/26/2025
Shawnee R. Beck Date:
as to .Form:
asori Whalen, Auburn City Attorney
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
Page 10 of 14
Docusign Envelope ID: ODA21 D4B-1 80A-4881-96F8-E61618AFB65A
EXHIBIT "A"
Legal Description
Beginning at a point on the westerly line of Croon giver Boulevard,
106.66 feet, south 171 east from the northeast corner of Lot 19 of
C.D- Hillman's Green River Addition No. 1. according to the plat
thereof recorded in Volume 17 of Plats, page 67, in King County,
Washington;
thence north 170 west, 106.66 feet along the westerly line of Green
River Boulevard.to the northeast corner of Lot 19,
thence continuing along said westerly line, north 421301 east, 108.78
feet to the northeast corner of Lot 18;
thence north 88"411 west, 237 feet, more or less, to the eAntnrly
bank of the Green River;
thence southwesterly along the easterly bank of the Green River, 212
feet, more or less, to a point which bears north 99041"07* west from
the TRUE POINT OF BEGINNING;
thence South 89441#07" east, to the TRUE POINT OF BECTNNING,
EXCEPT THEREFROM any portion lying north of a line parallel to and
255 feet south on measured at right angles to the north line of the
northwest quarter of Section 17, Township 21 North, Range 5 East,
W.M., in King County, Washington;
EXCEPT any portion of the following described tract:
Commencing at the northeast corner of Tract 16 of C.D. Hillmun'b
Green River Addition No. 1, according to the plat thereof recorded
in volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 3200' Street
Southeast and the westerly right-of-way of 104'h Place southeast;
thence north 89*4110711 went along said southerly right-of-way of 320"
Street southeast a distance of 366.29 feet to the point of
beginning;
thence south 15032'020 east, a distance 01. 314.27 feet;
thence north 89041107". west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bar4c north 19*2612S" west 82.16 feet, north
13*56140" west 77.38 feet, north 18019,390 west 79.15 feet, north
109411091 west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89*41'070 east, 29.61 feet to the point of beginning;
TOGETHER WITH that portion of the Green River Boulevard adjoining on
the east vacated by Board of County Commissioners under order of
vacation dated December 17, 19s6.
(BRIN(. XWOWN AS Pastel, D of King County Boundary Line Adjustment
Number S92L0O80, recorded under Recording Number. 9307301336);
(legal description, continued)
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
Page 11 of 14
Docusign Envelope ID: ODA21D4B-18OA-4881-96F8-E61618AFB65A
LEGAL DESCRIPTION, continued:
TOGMER WITH an undivided one -quarter interest in the following
described grace
Commencing at the northeast corner of Tract 16, of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of .Flats, page 67, in King County, Washington, also
being. the intercection of the southerly right-of-way of 320th street
southeast and the westerly right-of-way of 104t" Place Southeast;
thence north 89'411071* west along said southerly right-of-way of 320",
Street Southeast a distance of 366.29 feet to the point Of
beginning;
thence south 1$0321020 east, a distance of 314.27 feet;
thence north 89"41107" west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 190261250 west 82.16 feet, north
13*56140" west 77.38 feet, north 18111913911 west 79.15 feet, north
100'411091 west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89041107" cast, 25.62 feet to the -point of beginning;
(BETNO ]MOWN AS Parcel E of King County Boundary Line Adjustment
Number 892L0080, recorded under Recording Number 9307301336).
END OF EXHIBIT A
King County Parcel number - 3341000088
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
Page 12 of 14
Docusign Envelope ID: ODA21D46-180A-4881-96F8-E61618AFB65A
EXHIBIT "B"
Seller Disclosure — Environmental
ENVIRONMENTAL DISCLOSURE
Yes
No
Don't
N/A
Know
A
Have there been any flooding, standing water, or drainage
x
problems on the property that affect the property or access to
the property?
B
Does any part of the property contain fill dirt, waste, or other
x
fill materials?
C
Is there any material damage to the property from fire, wind,
x
floods, beach movements, earthquake, expansive soils, or
landslides?
D
Are there any shorelines, wetlands, floodplains, or critical
x
areas on the property?
E
Are there any substances, materials, or products in or on the
x
property that may be environmental concerns, such as
asbestos, formaldehyde, radon gas, lead -based paint, fuel or
chemical storage tanks, or contaminated soil or water?
F
Has the property been used for commercial or industrial
x
purposes?
G
Is there any soil or groundwater contamination?
x
H
Are there transmission poles or other electrical utility
x
equipment. installed, maintained, or buried on the property
that do not provide utility service to the structures on the
property?
I
Has the property been used as a legal or illegal dumping site?
x
J
Has the property been used as an illegal drug manufacturing
x
site?
K
Are there any radio towers in the area that cause interference
x
with cellular telephone reception?
Purchase and Sale Agreement — COA / Zachary and Shawnee Beck — FINAL
King. County Parcel # 3334100088
Page 13 of 14
Docusign Envelope ID: ODA21 D4B-1 80A-4881-96F8-E61618AFB65A
If you answered yes to any of the following, please give further details here.
D). The western boundary of the property is +/- 30feet from the ordinary high-water mark of the Green
River. Therefore, the property is believed to be located within a shoreline designation area and
potentially in a floodway. Buyer is encouraged to investigate to their satisfaction.
Purchase and Sale Agreement — COA./ Zachary and Shawnee Beck — FINAL
King County Parcel # 3334100088
Page 14 of 14