HomeMy WebLinkAbout12-05-2005 ITEM VIII-B-4A
Y,T[OF OF '...
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Supermall Development — Resolution No. 3951
12/1/05
Department:
I Attachments:
Budget Impact:
Planning, Building & Community
Resolution No. 3951
Administrative Recommendation:
City Council adopt Resolution No. 3951.
Background Summary:
The Supermall of the Great Northwest was developed pursuant to City of Auburn Ordinance No. 4627, as
amended by Ordinance Nos. 4649, 4704, 4742, 5001, 5002 and 5003.
Wal-Mart present owns and operates a retail store on property comprised of about 9.1 acres located
adjacent to and west of the Supermall. Wal-Mart proposes to acquire other property adjacent to and east
of the Supermall for the purpose of developing and operating a new retail store, which development is
also governed by the above referenced ordinances. In order to provide for the new Wal-Mart Store
development, and to ensure that the development of the new Wal-Mart Store is in a manner consistent
with the said ordinances and their intended purposes, the parties have negotiated an agreement to
accomplish the same.
03.3.1
Reviewed by Council & Committees:
Reviewed by Departments &Divisions:
E] Arts Commission COUNCIL COMMITTEES:
❑Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes [-]No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Krauss
Meeting Date: December 5, 2005 Item Number: VI11.BA
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 3 9 5 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AUBURN, GLIMCHER SUPERMALL
VENTURE, LLC, GLIMCHER DEVELOPMENT CORPORATION
AND WAL-MART STORES INC., FOR DEVELOPMENT OF THE
NEW WAL-MART STORE IN AUBURN
WHEREAS, the Supermall of the Great Northwest (the "Supermall") was
developed pursuant to City of Auburn Ordinance No. 4627, as amended by Auburn
Ordinance No.'s 4649, 4704, 4742, 5001, 5002 and 5003; and
WHEREAS, Wal-Mart presently owns and operates a retail store on property
comprised of about 9.1 acres located adjacent to and west of the Supermall; and
WHEREAS, Wal-Mart proposes to acquire other property adjacent to and east of
the Supermall for the purpose of developing and operating a new retail store (the "New
Wal-Mart Store"), which development is also governed by the above referenced
Ordinances;
WHEREAS, in order to provide for the new Wal-Mart Store development, and to
ensure that the development of the New Wal-Mart Store is in a manner consistent with
the said Ordinances and their intended purposes, the parties have negotiated an
agreement to accomplish the same; and
WHEREAS, it is in the public interest and best interests of the City to enter into
such agreement.
Resolution No. 3951
December 1, 2005
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are
hereby authorized to execute an Agreement between the City of Auburn Glimcher
Supermall Venture, LLC, Glimcher Development Corporation and Wal-Mart Stores Inc.,
for development of the new Wal-Mart Store to be located within the City of Auburn,
which agreement shall be in substantial conformity with the Agreement a copy of which
is attached hereto, marked as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation, including finalizing the exchange of easements and their recordation in
substantial conformity with the easement documents attached hereto, marked as
Exhibits "B" and "C" and incorporated herein by this reference.
Section 3. This resolution shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this day of 200_
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 3951
December 1, 2005
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
APPRBVED-AS TO
v
City Attorney
Resolution No. 3951
December 1, 2005
Page 3
EXHIBIT "A"
DEVELOPMENT EXPANSION AGREEMENT
FOR
SUPERMALL OF THE GREAT NORTHWEST
This Development Expansion Agreement is made by this _ day of
2005, between and among the City of Auburn, a Washington Municipal Corporation (the "City")
Glimcher Supermall Venture, LLC a Delaware Limited Liability Company ("GSV"), Glimcher
Development Corporation ("GDC") and Wal-Mart Stores Inc., a Delaware Corporation ("Wal-
Mart"). Collectively, the City, GSV, GDC and Wal-Mart are the "Parties" hereto.
WHEREAS, GSV, an affiliate of GDC is the owner of the retail development in the City of
Auburn, known as "The Supermall of the Great Northwest (the "Supennall"), which was
developed pursuant to Ordinance No. 4627, as amended by Ordinance No.'s 4649, 4704, 4742,
5001, 5002 and 5003 (collectively the "Ordinance");
WHEREAS, Wal-Mart presently owns and operates a retail store on property comprised of
about 9.1 acres located adjacent to and west of the Supermall (the "Existing Wal-Mart Store");
WHEREAS, Wal-Mart proposes to acquire other property adjacent to and east of the
Supermall for the purpose of developing and operating a new retail store (the "New Wal-Mart
Store"), which development is also governed by the Ordinance;
WHEREAS, the locations and general layout of the Supermall, the Existing Wal-Mart
Store and the New Wal-Mart Store are shown on a site plan marked Exhibit "A" and attached
hereto; and
WHEREAS, the Parties desire to enter into this Agreement to accomplish the following
purposes:
(i) To provide for the development of the New Wal-Mart Store in a manner
consistent with the Ordinance;
(ii) To confirm Wal -Mart's commitment to construct the New Wal-Mart Store
in accordance with a design previously submitted to the City;
(iii) To approve modifications to the Site Plan for the Supermall, including
changes to the internal roadway system and parking field layout;
(iv) To confirm that existing SEPA documentation for the Supermall is
adequate to address the development activities identified in this
Agreement; and
(v) To provide for and approve a framework for the redevelopment of the
Existing Wal-Mart parcel.
Now THEREFORE, in consideration of the initial covenants and obligations set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the Parties, the Parties hereby agree as follows:
1. New Wal-Mart Store. The New Wal-Mart Store shall be developed in general
conformity with the site plan attached hereto as Exhibit `B". The building design and
architectural elements of the New Wal-Mart Store shall be in general conformity with the
elevation drawings attached hereto as Exhibit "C".
2. Site Plan Modifications. Supermall intemal roadways, parking field layout,
pedestrian walkways and related detail may be modified and built in accordance with Exhibit
"A" attached hereto. The City has determined that the site plan attached as Exhibit A is
generally consistent with the Supermall site plan approved under the Ordinance.
3. Glimcher Redevelopment of Existing Wal-Mart Store. Wal-Mart and GDC
have entered into a separate agreement, dated , 2005 whereby Wal-Mart has
granted to GDC, subject to various terms and conditions, an option to purchase the existing Wal-
Mart Store building and approximately 9.1 acre parcel (the "Option Agreement"). The Option
Agreement provides that GDC shall have a period of 90 days from the date the new Wal-Mart
Store first opens to the public for business to exercise its option to purchase.
If GDC elects to exercise its option to purchase the Existing Wal-Mart Store building and parcel
and closes the purchase of that property, GDC shall:
A File application with the City for demolition of the Existing Wal-Mart
Store and redevelopment of the site into an open-air retail village
containing not less than two full service restaurants and other retail
offerings containing in the aggregate not less than 100,000 square feet; or
B. (i) present to the City a plan for the renovation and upgrading of the
existing building for its re -use by a Tenant or Tenants no less desirable to
the City than the existing Supermall Anchor Tenants; and
(ii) file application with the City for one or more full service restaurants
on the Existing Wal-Mart Store site or elsewhere on the Supermall site.
The City and GDC understand and agree that, if GDC elects to exercise its option to
purchase the Existing Wal-Mart Store building and parcel and closes the purchase of that
property, no other use or occupancy may be made of the Existing Wal-Mart Store building and
parcel other than as set forth above without the prior written consent of the City.
The City and GDC understand and agree that it is neither practical nor prudent to
anticipate several years in advance which tenants will then be in favor or available or what
design concept at that future date will maximize the redevelopment opportunity for the Existing
Wal-Mart Store building and parcel. However, based on industry conditions today several
alternative concept plans, attached as Exhibit "D", serve as examples of the nature and scope of
GDC's preliminary planning for redevelopment of the site. Provided that GDC elects to exercise
its option to purchase the Existing Wal-Mart Store building and site, GDC intends to be as
aggressive as market conditions permit to maximize development on the site consistent with
good vehicular and pedestrian traffic flow through and within the site.
The City acknowledges that it has encouraged an aggressive redevelopment of the
Existing Wal-Mart Store site, within good site planning practice, and agrees to work
cooperatively with GDC with respect to GDC obtaining all required permits and approvals in a
timely manner.
4. No New SEPA Requirements. The City acknowledges and agrees that the projects
contemplated hereby, including the development of the New Wal-Mart Store, the redevelopment
of the Existing Wal-Mart Store building and parcel, and the minor modifications to the Supermall
site plan, all as depicted in Exhibits A, B, C and D attached hereto, do not require or call for any
further environmental review as the development as provided herein adequately conforms to the
parameters of the initial SEPA Review for the Supermall and the Ordinance, and the actions taken
relative thereto, as initially provided and as provided herein, are adequate to address the impacts of
the revised Supermall development project.
5. No New Rezone Required. The City acknowledges and agrees that the project
contemplated hereby does not require or call for any rezone from the current zoning of the
Supermall property, nor any amendment or modification to the Ordinance.
6. The Permits for the Project are Vested. The City acknowledges and agrees that (a)
Wal-Mart has filed a complete building permit application for the New Wal-Mart Store, File No.
(the "Wal-Mart Permit Application"), (b) the Wal-Mart Permit Application
conforms to current City development regulations and the Ordinance, (c) the project contemplated
by the Wal-Mart Permit Application is vested to current City development regulations, and (d) the
parties shall work in good faith to process the Wal-Mart Permit Application and cooperatively
address any issues involved therewith.
7. Supermall Expansion and Outparcel Development. The City acknowledges and
agrees that GSV has the right and has encouraged GSV to expand the Supermall and to build
additional retail in outparcel locations on the site. The City agrees to work cooperatively with
GSV with respect to GSV obtaining all required permits and approvals in a timely manner for
any such expansion of the Supermall. In order to maximize expansion or additional new retail
development on the site GSV hereby agrees with the City not to encumber the use of available
parking on the Supermall site by selling or leasing such parking space to any party other than
Supermall tenants. Provided, however, the City acknowledges that it has permitted an exception
from such prohibited use of existing parking for the current temporary parking arrangements for
the benefit of the White River Ampitheater group (the "WIZ A Agreement'). A copy of the WRA
Agreement is attached hereto as Exhibit "E".
8. Wal-Mart Redevelopment of Existing Wal-Mart Store. If GDC elects not to
exercise its option to purchase the Existing Wal-Mart Store and parcel, GDC shall so notify Wal-
Mart and the City in writing. In that event, within 90 days from the date the New Wal-Mart
Store first opens to the public for business (if ever), Wal-Mart shall enter into an agreement with
an experienced retail development firm acceptable to the City for the redevelopment of the
Existing Wal-Mart Store building and parcel. Wal-Mart or such City approved developer shall:
A.
File application with the City for demolition of the Existing Wal-Mart
Store and redevelopment of the site into an open-air retail village
containing not less than two full service restaurants and other retail
offerings containing in the aggregate not less than 100,000 square feet; or
B. Present to the City a plan for the renovation and upgrading of the existing
building for its re -use by a Tenant or Tenants no less desirable to the City
than the existing Supermall Anchor Tenants.
The City and Wal-Mart understand and agree that, if Wal-Mart ceases to conduct
business at the Existing Wal-Mart Store, no other use or occupancy may be made of the Existing
Wal-Mart Store property other than as set forth above without the prior written consent of the
City.
The City and Wal-Mart understand and agree that it is neither practical nor prudent to
anticipate several years in advance which tenants will then be in favor or available or what
design concept at that future date will maximize the redevelopment opportunity for the existing
Wal-Mart store site. However, based on industry conditions today several alternative concept
plans, attached as Exhibit "D", serve as examples of the nature and scope of Wal -Mart's
preliminary planning for redevelopment of the site, with respect to redevelopment of the existing
Wal-Mart store site. Wal-Mart intends to be as aggressive as market conditions permit to
maximize development on the site consistent with good vehicular and pedestrian traffic flow
through and within the site.
The City acknowledges that it has encouraged an aggressive redevelopment of the
Existing Wal-Mart Store site, within good site planning practice, and agrees to work
cooperatively with Wal-Mart with respect to Wal-Mart obtaining all required permits and
approvals in a timely manner.
9. Community Contribution. As part of the building permit application for the New
Wal-Mart Store on which this Agreement is predicated, Wal-Mart agrees that it shall contribute
$100,000 to the City for neighborhood revitalization and/or a multi service center and
completion of gateways to the City. Wal-Mart further agrees that its manager shall meet with the
Mayor each year, to audit past contributions and discuss how further community contributions by
Wal-Mart may be directed to help address community needs in Auburn.
10. Agreement Not to Challenge. By the signatures of their representatives hereon,
the parties agree not to challenge any of the provisions hereof in any court or legal forum.
11. Severability. The rights and obligations of the Parties herein are separate and
independent, and the failure of any Party to comply with its obligations hereunder shall not
impair the rights of any other Party under this Agreement. If any provision of this Agreement
shall be held illegal or invalid by any court, this Agreement shall be construed and enforced as if
such illegal or invalid provision had not been contained herein and this Agreement shall be
deemed an agreement of the Parties hereto to the full extent permitted by law. If any provision
shall be declared invalid or unenforceable because of its breadth, scope or duration, such
provision shall be deemed modified to the extent necessary to make it valid and
enforceable and shall remain in full force and effect as so modified, or if not so modified, shall
be severable from the rest of this Agreement.
12. Entire Agreement: Modifications. The terms of this Agreement constitute the
entire agreement between the parties regarding the subject matter described herein. No
modification to this Agreement shall be binding unless in writing and signed by the Parties.
13. Successors. This Agreement is binding on and inures to the benefit of the Parties
and their successors and assigns.
14. Assignment. No Party may assign any of its rights or delegate any of its duties
pursuant to this Agreement without the prior written consent of the other Parties.
15. Waiver. The failure of either Party at any time to require performance of any
provision hereof by any other Party shall not be deemed a waiver and thereafter shall not deprive
that Party of its full right to require such performance in the particular instance or at any other
time. Any waiver must be in writing and signed by the waiving Party.
16, Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. Venue shall be in King County,
Washington.
17. Reasonableness. Whenever the consent or approval of a Party is required under
this Agreement, it shall be given in a timely manner and shall not be unreasonably withheld,
conditioned or delayed.
18. Authority. Each individual executing this Agreement represents and warrants that
(s)he is duly authorized by all necessary action of the Party on whose behalf (s)he is acting to
execute and deliver this Agreement on behalf of that Party, and that this Agreement is binding
upon such Party in accordance with its terms.
19. Further Assistance. The Parties shall execute such further documents and take
such other further actions as may reasonably necessary to carry out the intent and provisions of
this Agreement.
20. Counterparts; Facsimile. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall constitute
the same Agreement, whether or not all Parties execute each counterpart. Signatures transmitted
by facsimile shall have the same effect as original ink signatures.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and date
first above written.
City of Auburn, a Washington
Municipal Corporation
Peter B. Lewis, Mayor
Attest:
Danielle E. Daskam, City Clerk
Approved as to Form:
Daniel B. Heid, City Attorney
Glimcher Supermall Venture, LLC
a Delaware Limited Liability Company
By:
By: Glimcher Auburn, Inc., a Delaware
Corporation, its Managing Member
Glimcher Development Corporation
Glimcher Development Corporation
By:
Wal-Mart, Inc., a Delaware Corporation
IM
Its:
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EXHIBIT "B"
Above this line reserved for recording information.
PARTIAL RELINQUISHMENT OF EASEMENT
Reference # (if applicable):
95083 020 1 3, 9508302012,
2002040100782
Auburn Valley I, LLC, Horne Elecd'ic
Company, INC., Auburn Valley II, LLC,
Grantor/Borrower:
Auburn 400 Park Owners, NPC., and
Glimcher Supermall Venture, LLC
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
NW :4. SW YA, 13-21-04E,
242104-9086, 242104-9012, 132104-
Assessor's Tax Parcel ID#:
9114,242104-9088 & 242104-9076
This PARTIAL RELINQUISHMENT OF EASEMENT is executed by the City of Auburn,
a Municipal Corporation of King County, (the "City") in order to implement Resolution
No. of the City Council of the City of Auburn dated
WHEREAS the City has an existing public water main easement crossing that
certain property in Auburn, Washington known as Lot 1, Lot 3, Lot 4, Tract A, and Lot A
of the Supermall Properties, King County, Washington, which water main easement is
recorded under King County Recording No(s), 9508302013, 9508302012 and
2002040100782 (the "Easement").
WHEREAS the City has determined pursuant to Auburn City Council Resolution
No. that portions of the Easement are in excess of City needs and should be
relinquished.
NOW, THEREFORE, the City hereby:
Relinquishes, vacates and forever abandons that portion of the Easement,
Recording No(s). 9508302013, 9508302012 and 2002040100782, described on
Exhibit A and 13, attached hereto and by this reference made a part hereof.
Partial Relinquishment of Easement
Page 1 of 6
DATED and SIGNED this day of , 20
CITY OF AUBURN
Peter B. Lewis, Mayor
ATTEST: APPROVED AS TO FORM:
Danielle E. Daskam, City Clerk Daniel B. Heid, City Attorney
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E.
Daskam were the persons who appeared before me, and said persons acknowledged that
they signed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
\bi
File:
REF. H:DevelopmemTorms\Legal Documents\2004
Partial Relinquishment of Easement
Page 2 of 6
EXHIBIT A
WATERLINE EASEMENT RELINQUISHMENT DESCRIPTION
THAT CERTAIN EASEMENT FOR WATER MAIN EXTENSIONS AND
APPURTENANCES THEREOF GRANTED TO THE CITY OF AUBURN BY
INSTRUMENT RECORDED UNDER RECORDING NO. 9508302013, RECORDS OF
KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 13 AND THE
NORTHEAST QUARTER OF SECTION 24, ALL IN TOWNSHIP 21 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND
30.00 FEET IN WIDTH, HAVING 15.00 FEET OF SUCH WIDTH ON EACH SIDE OF AN
EASEMENT CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 24, THENCE
NORTH 89032'44" EAST 2,548.56 FEET ALONG THE NORTH LINE THEREOF TO THE
WEST MARGIN OF THE SEATTLE -TACOMA INTERURBAN RAILWAY RIGHT-OF-
WAY AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NO. 213025
AND BY CONDEMNATION ENTERED SEPTEMBER 17, 1901, IN KING COUNTY
SUPERIOR COURT CAUSE NO. 32962;
THENCE SOUTH 00028'30" EAST 12.06 FEET ALONG SAID WEST MARGIN TO A 12 -
INCH DIAMETER WATER MAIN AND THE TRUE POINT OF BEGINNING OF SAID
EASEMENT CENTERLINE;
THENCE ALONG SAID WATER MAIN AND EASEMENT CENTERLINE THE
FOLLOWING TWO COURSES:
THENCE WEST 525.14 FEET TO A POINT AT WHICH THE WIDTH OF SAID STRIP
REDUCES TO 20.00 FEET;
THENCE SOUTH 42021'18" WEST 191.63 FEET TO THE EASTERLY LINE OF LOT A,
CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA 0019-94, RECORDED UNDER
RECORDING NO. 9501100684, AND THE TERMINUS OF SAID EASEMENT
CENTERLINE AND FROM SAID TERMINUS THE NORTHEAST CORNER OF SAID
LOT A BEARS NORTH 10021'40" EAST, 777.59 FEET DISTANT;
THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED
SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID WEST MARGIN AND
SAID EASTERLY LINE;
TOGETHER WITH THAT PORTION OF THAT CERTAIN EASEMENT FOR WATER
MAIN EXTENSIONS AND APPURTENANCES THEREOF GRANTED TO the CITY OF
AUBURN BY INSTRUMENT RECORDED UNDER RECORDING NO, 9508302012,
RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND
20.00 FEET IN WIDTH, HAVING 10.00 FEET OF SUCH WIDTH ON EACH SIDE OF AN
EASEMENT CENTERLINE DESCRIBED AS FOLLOWS:
Partial Relinquishment of Easement
Page 3 of 6
COMMENCING AT THE NORTHEAST CORNER OF LOT A, CITY OF AUBURN LOT
LINE ADJUSTMENT NO, LLA 0019-94, RECORDED UNDER KING COUNTY
RECORDING NO. 9501100684, THENCE SOUTH 10021'40" WEST 775.16 FEET
ALONG the EASTERLY LINE THEREOF TO the CENTER OF A 12 -INCH DIAMETER
WATER MAIN AND THE TRUE POINT OF BEGINNING OF SAID CENTERLINE
DESCRIBED HEREIN;
THENCE ALONG SAID WATER MAIN AND EASEMENT CENTERLINE THE
FOLLOWING TWO COURSES:
THENCE SOUTH 42052'56" WEST 41.81 FEET;
THENCE SOUTH 07050'11" WEST 21.18 FEET TO A LINE BEARING NORTH 89028'03"
EAST AND THE TERMINUS OF SAID CENTERLINE;
THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED
SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID EASTERLY LINE OF
LOT A AND IN SAID LINE BEARING NORTH 89°28'03" EAST;
ALSO TOGETHER WITH THOSE PORTIONS OF THAT CERTAIN EASEMENT FOR
LAYING, MAINTAINING AND INSTALLING WATERLINES AND APPURTENANCES
THEREOF GRANTED TO the CITY OF AUBURN BY INSTRUMENT RECORDED
UNDER RECORDING NO. 20020401000782, RECORDS OF KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS:
PORTION NO. 1:
THAT PORTION OF SAID EASEMENT LYING NORTHERLY OF A LINE LYING 7.50
FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 24,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON
AND THE WEST MARGIN OF THAT CERTAIN WATERLINE EASEMENT IN SAID
SECTION DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY
RECORDING NO. 6138769, THENCE SOUTH 00028'30" EAST 192.84 FEET ALONG
SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING OF SAID LINE
DESCRIBED HEREIN;
THENCE SOUTH 89028'03" WEST 3822 FEET;
THENCE SOUTH 78013'03" WEST 57.45 FEET;
THENCE SOUTH 89028'03" WEST 25.00 FEET TO THE TERMINUS OF SAID LINE;
PORTION NO. 2:
A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET OF SUCH WIDTH ON
EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT POINT "A" AS DESCRIBED IN SAID INSTRUMENT, THENCE
SOUTH 89°27'41" WEST 7,50 FEET TO THE WESTERLY MARGIN OF SAID
EASEMENT AND THE TRUE POINT OF BEGINNING OF SAID CENTERLINE
DESCRIBED HEREIN;
THENCE CONTINUING SOUTH 89027'41" WEST 138.19 FEET;
Partial Relinquishment of Easement
Page 4 of 6
THENCE NORTH 03036'02" WEST 18.05 FEET TO THE TERMINUS OF SAID
CENTERLINE DESCRIBED HEREIN.
THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED
SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID WESTERLY
EASEMENT MARGIN.
SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON.
HAPSMITH COMPANY
SUPERMALL
WILLIAM A. HICKOX, P.L.S.
BRH JOB NO. 2004210.05
NOVEMBER 29, 2005
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
Partial Relinquishment of Easement
Page 5 of 6
t
N
0 ,00 d00 900
S.R.
1 I
J I
1LOT4
LLA -00-0007
132104911400
EXISTING WATER
EASEMENT PER AM
LOT A ' 9508302013 TOBE\
SPL -019-94 RELINQUISHED
242104907603
EXISTING WATERvim«-i1LY,. �v
EASEMENT PER AFN
9505302012M BE
REUNOUISHEO x4P
EXHIBTf B - WATER UNE EASEMENT RELINQUISHMENT
Partial Relinquishment of Easement
Page 6 of 6
E70S77NG WATER
EASEMENT PER AFN
20020401000762 TO
IJJ
BE REUNOUISHED
TRACT
I
I
� 242104906809
I
1
LOT 3
ILOT
SPL-005-98LlA-00-0007
242104908601
242104901200
EXHIBTf B - WATER UNE EASEMENT RELINQUISHMENT
Partial Relinquishment of Easement
Page 6 of 6
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EXHIBIT "C"
Above this line reserved for recording information.
WATERMAIN EASEMENT
FAC 05-0021
Reference # (if applicable): 20020401000782
Grantor/Borrower: Auburn Valley I, L.LC, Home Electric Company,
INC-, AnbUT11 400 Retail Park Owners Assn.,
NPC., and Glimcher Supennall Venture, LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW'/, & SW %, 13-21-04E
Assessor's Tax Parcel ID#: 242104-9086, 242104-9012, 242104-9088,
242104-9076
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be
derived by the Grantor herein, Grantor, Auburn Valley I, LLC, Home Electric Company,
INC., Auburn 400 Retail Park Owners Assn., NPC., and Glimcher Supermall Venture,
LLC, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal
corporation of King County, Washington, its successors and assigns, a perpetual
Nonexclusive Easement under, over, through and across the following described real
property for the purpose of laying, maintaining, and installing a 12 -inch watennain AND
APPURTENANCES THEREOF, said real property being described as follows:
SEE EXHIBITS "A" AND `B", ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
This easement is given under the threat of and in lieu of Eminent Domain.
Said Grantee shall have the absolute right, at times as may be necessary, for
immediate entry upon said Easement for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
Easement
Page I of 6
Said Grantee shall have the absolute right to place any type of driving surface
within said Easement deemed necessary by the Grantee.
Said Grantor shall not in any way block, restrict or impede access and egress to or
from said Easement, and/or in any way block, restrict or impede full use of the real
property within the above-described Easement by said Grantee for the above-described
purposes. No building, wall, rockery, fence, trees or structure of any kind shall be erected
or planted, nor shall any fill material be placed within the boundaries of said easement area,
without the express written consent of the City. With City permission, Grantor may fence
across said Easement and/or along the boundaries of said Easement provided that a gate is
constructed in said fence. Said gate shall be of sufficient length and location to allow the
Grantee full use of, and access and egress to and from the real property within the above-
described Easement. If said gate is to be locked, keys shall be provided to the Grantee.
No excavation shall be made within three (3) feet of said water or sewer service
facilities and the surface level of the ground within the easement area shall be maintained
at the elevation as currently existing. Grantor additionally grants to the City, the use of
such additional area immediately adjacent to said easement area as shall be required for the
construction, reconstruction, maintenance and operation of said water or sewer facilities.
The use of such additional area shall be held to a reasonable minimum and in the case of
any damage or disruption of the premises, the City shall return the property to a condition
as reasonably comparable to its condition as it existed immediately before entry and/or
work was made thereon by the City or its agents. hi addition to the other restrictions
herein, Grantor shall not convey to a third party any easement or other right of usage in the
property that would impair or limit the City's use of the easement area.
This Easement shall be a covenant running with the above-described real property
and burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties hereto.
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by
its proper officer(s) this day of 2005.
ADD Signature block of all Grantors
Authorized Signature
Authorized Signature
/tlb
File: #
REF. H:Development\Forms\Legal Documents\2005
Easement
Page 2 of 6
ADD Notary for LLC. Corporate & Non-profit Corp.
Easement
Page 3 of 6
EXHIBIT A
WATERLINE EASEMENT DESCRIPTION
THOSE PORTIONS OF LOT 1 AND TRACT A, CITY OF AUBURN SHORT PLAT NO.
SPL -005-98, RECORDED UNDER RECORDING NO. 9812221898, AND OF LOT 3,
CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA -00-0007, RECORDED UNDER
RECORDING NO. 20000629001453, RECORDS OF KING COUNTY, WASHINGTON,
LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET OF
SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 24,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON
AND THE WEST MARGIN OF THAT CERTAIN WATERLINE EASEMENT IN SAID
SECTION DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY
RECORDING NO. 6138769, THENCE SOUTH 00°28'30" EAST 192.84 FEET ALONG
SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT
CENTERLINE DESCRIBED HEREIN;
THENCE SOUTH 89028'03" WEST 38.22 FEET;
THENCE SOUTH 78013'03" WEST 57.45 FEET;
THENCE SOUTH 89028'03" WEST 164.80 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A";
THENCE CONTINUING SOUTH 89028'03" WEST 20.43 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "B";
THENCE CONTINUING SOUTH 89028'03" WEST 205.25 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "C";
THENCE CONTINUING SOUTH 89°28'03" WEST 166.17 FEET TO THE EASTERLY
LINE OF LOT A, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA -019-94,
RECORDED UNDER KING COUNTY RECORDING NO. 9501100684 AND THE
TERMINUS OF SAID EASEMENT CENTERLINE, AND FROM SAID TERMINUS THE
NORTHEAST CORNER OF SAID LOT A BEARS NORTH 10021'40" EAST, 835.06 FEET
DISTANT;
ALSO, BEGINNING AT SAID POINT "A", THENCE SOUTH 00°31'57" EAST 18.83 FEET
ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF;
ALSO, BEGINNING AT SAID POINT "B", THENCE NORTH 00°31'57" WEST 26.69
FEET ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF;
ALSO, BEGINNING AT SAID POINT "C", THENCE NORTH 00°31'57" WEST 23.00
FEET ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF;
Easement
Page 4 of 6
THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED
SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID WEST EASEMENT
MARGIN AND IN SAID EASTERLY LINE OF LOT A;
TOGETHER WITH THAT PORTION OF LOT A, CITY OF AUBURN LOT LINE
ADJUSTMENT NO. LLA -019-94, RECORDED UNDER KING COUNTY RECORDING
NO. 9501100684, LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING
7.50 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT A, THENCE SOUTH
10021'40" WEST 835.06 FEET ALONG THE EASTERLY LINE THEREOF TO THE TRUE
POINT OF BEGINNING OF SAID EASEMENT CENTERLINE;
THENCE SOUTH 89028'03" WEST 11.46 FEET ALONG SAID CENTERLINE TO A
POINT ON A LINE LYING PARALLEL WITH AND 10.00 FEET EASTERLY OF THE
CENTERLINE OF AN EXISTING 12 -INCH DIAMETER WATER MAIN, AS MEASURED
AT RIGHT ANGLES THERETO, SAID PARALLEL LINE BEING THE EASTERLY
MARGIN OF THAT CERTAIN EASEMENT GRANTED TO THE CITY OF AUBURN FOR
WATER MAIN EXTENSIONS AND APPURTENANCES THEREOF RECORDED UNDER
KING COUNTY RECORDING NO. 9508302012 AND SAID POINT BEING THE
TERMINUS OF THE EASEMENT CENTERLINE DESCRIBED HEREIN.
THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED
SO AS TO TERMINATE IN SAID EASTERLY LINE OF LOT A AND IN SAID EASTERLY
EASEMENT MARGIN.
SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON.
BCRA
SUPERMALL
WILLIAM A. HICKOX, P.L.S.
BRH JOB NO, 2004210.05
NOVEMBER 28. 2005
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
Easement
Page 5 of 6
LOT A
SPL -019-94
242104907603
N00'31'57' W
23.00'
4
N
0 100 800 900
co 18
I
I
II
I�
I
I
I
LOT
LLA -00-0007
132104911400
'I
EXISTING WATER EASEMENT
PER AF'N 8138789\ I
578'13'03'W
s7.45'
100'31'57'W 20,43
26.89' rn
PL A
PL 0 N00'31'b7'W
18.83'
S89'28'03'W
568.11'
S89'28'03'W
38.22'
LOT,
LLA07
242104901200 '
EXHIBIT B - WATER UNE EASEMENT
Easement
Page 6 of 6
P1. c
/SEE
DETAIL'
Ir
irir
;r
24210490880'
j
1
LOT 1
SPL -005-95
1r
242104908601
4
N
0 100 800 900
co 18
I
I
II
I�
I
I
I
LOT
LLA -00-0007
132104911400
'I
EXISTING WATER EASEMENT
PER AF'N 8138789\ I
578'13'03'W
s7.45'
100'31'57'W 20,43
26.89' rn
PL A
PL 0 N00'31'b7'W
18.83'
S89'28'03'W
568.11'
S89'28'03'W
38.22'
LOT,
LLA07
242104901200 '
EXHIBIT B - WATER UNE EASEMENT
Easement
Page 6 of 6