HomeMy WebLinkAboutITEM VIII-A-1CITY OF
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6102 June 27, 2007
Department: Attachments: Budget Impact:
Public Works Ordinance No. 6102 $ 0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6102.
Background Summary:
Ordinance No. 6102 approves Street vacation V-02-06 from the City of Auburn for vacation of portions of I
Street NE. This vacation is part of an agreement between the City of Auburn and the Port of Seattle for a
land exchange in which the City will acquire new right of way to be used for new alignment of the future I
Street NE. A public hearing was held on their request on July 2, 2007.
W0702-2
03.9 V03-06
Reviewed by Council 8~ Committees: Reviewed by Departments 8~ Divisions:
^ 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
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/_
Referred to Until _/_/_
Tabled Until / /
Councilmember: Wa ner Staff: Dowd
Meetin Date: Jul 2, 2007 Item Number: VIII.A.1
~~~U~ * MORE THAN YOU IMAGINED
ORDINANCE NO. 6 1 0 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE VACATION OF A PORTION OF "I" STREET NE
LOCATED SOUTH OF SOUTH 277TH STREET,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the Environmental Impact Statement for the North East
Auburn/Robertson Properties Special Area Plan (Robertson EIS) recommended
realigning the undeveloped "I" Street NE right-of-way as part of developing a
more effective street network in the Northeast portion of the City; and
WHEREAS, the Port of Seattle owns property south of South 277th
Street through which a portion of the current "I" Street NE rights-of-way run; and
WHEREAS, a portion of the realigned "I" Street NE right-of-way would
also run through the Port of Seattle property; and
WHEREAS, the Port of Seattle has agreed to provide the realigned "I"
Street NE right-of-way and other right-of-way property identified in the
Robertson EIS to the City in exchange for vacation of a portion of the existing "I"
Street NE right-of-way; and
WHEREAS, the total areas of the rights-of-way to be vacated and to be
accepted are approximately equal, resulting in no net gain or loss of property for
either the City or the Port; and
WHEREAS, based on an appraisal of the rights-of-way to be vacated
and to be accepted, the City Council finds that dedication by the Port of Seattle
Ordinance No. 6102
June 27, 2007
Page 1
of the realigned "I" Street NE right-of-way provides the City with sufficient
compensation for the vacation of the existing "I" Street NE right-of-way; and
WHEREAS, provided that the Port of Seattle provides the City with the
alternate right-of-way, the above-identified portion of the existing "I" Street NE
right-of-way will no longer be needed to meet the needs of the City; and
WHEREAS, the City of Auburn has initiated Vacation No. V-03-06 to
vacate that portion of the existing "I" Street NE identified above; and
WHEREAS, notice of the vacation was sent to Qwest, the only utility with
facilities within the existing right-of-way, and comments were received; and
WHEREAS, Resolution No. 4121 calling for a public hearing on the
vacation was approved on June 4, 2007; and
WHEREAS, the posting requirements of Auburn City Code 12.48.070
have been met; and
WHEREAS, a public hearing was held before the City Council on July 2,
2007, at which hearing all persons wishing to speak to the proposed vacation
were heard; and
WHEREAS, the existing "I" Street NE right-of-way was acquired by the
City through a deed from P. Henley and Associates in 1989, and has been
considered right-of-way by the City of Auburn since that time,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 6102
June 27, 2007
Page 2
Section 1. Vacation. That, contingent on completion of the actions set
forth in Section 2 hereof, a portion of "I" Street NE, located within the. City of
Auburn, Washington, as legally described on attached Exhibit "A," and depicted
on Exhibit "B," which are by this reference incorporated herein, the same is
hereby vacated, and the property lying in said portion of a certain street right-
of-way described hereinabove, shall be returned and belong to those persons
entitled to receive the property in accordance with the law.
Section 2. Conditions of Vacation. This vacation shall be contingent
on the Real Estate Exchange Agreement between the City of Auburn and the
Port of Seattle in essentially the form set forth in Exhibit "C," which agreement is
by this reference incorporated herein, being signed and executed by the Mayor
of the City of Auburn and the authorized representative(s) of with the Port of
Seattle within thirty days of the date of passage of this Ordinance.
Section 3. Constitutionality or Invalidity. If any section, subsection,
clause, phrase, or sentence, of this Ordinance, is for any reason held to be
invalid or unconstitutional, such invalidity or unconstitutionality of the remaining
portions of this ordinance, as it is being hereby expressly declared that this
ordinance and each section, subsections, clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and ratified
irrespective of the fact that any one or more section, subsection, clause, phase,
or sentence, be declared invalid or unconstitutional.
Ordinance No. 6102
June 27, 2007
Page 3
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after passage, approval, and publication as
provided by law, and upon completion -satisfaction of conditions set forth in
Section 2, above.
Section 5. Recordation. The City Clerk is directed to record this
ordinance with the office of the King County Auditor only after completion of all
the conditions set forth in Section 2 of this Ordinance.
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this vacation.
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
Danielle E. Daskam,
City Clerk
AP VE TO FO
Daniel B. ,
City Attorney
PUBLISHED:
PETER B. LEWIS
MAYOR
Ordinance No. 6102
June 27, 2007
Page 4
Ordinance 6102 Exhibit A
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
ALL THAT PORTION OF "I" STREET RIGHT OF WAY ACCORDING TO STATUTORY
WARRANTY DEED FILED UNDER RECORDING NUMBER 8911280990 IN KING COUNTY
WASHINGTON LYING WITHIN THE HEREINAFTER DESCRIBED TRACT "A".
TRACT "A"
A PORTION OF THE GEORGE E. KING DONATION LAND CLAIM N0.40 LYING IN SECTION 31,
TOWNSHIP 22 NORTH,. RANGE 5 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO.
38 AND THE SOUTHEAST CORNER OF R.H. BEATTY DONATION CLAIM; THENCE SOUTH
89°00'01" EAST ALONG THE NORTH LINE OF SAID GEORGE E. KING DONATION LAND CLAIM
A DISTANCE OF 638.43 FEET; THENCE SOUTH 01°48'09" WEST, ALONG A LINE PARALLEL
WITH THE EAST LINE OF SAID W.A. COX DONATION LAND CLAIM A DISTANCE OF 2730.52
FEET TO A POINT ON THE LINE ESTABLISHED BY AGREEMENT RECORDED UNDER KING
COUNTY RECORDING N0.7912170640; THENCE NORTH 88°48'31" WEST ALONG SAID LINE A
DISTANCE OF 637.10 FEET TO A CONCRETE MONUMENT MARKED "NO. 1 - LS 11191" ON
THE WEST LINE OF SAID GEORGE E. KING DONATION LAND CLAIM; THENCE NORTH
00°51'48" EAST A DISTANCE OF 80.23 FEET TO A 2 INCH DIAMETER PLUGGED IRON PIPE
MARKING THE SOUTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM NO. 38;
THENCE NORTH 01°48'09" WEST ALONG SAID EAST LINE OF THE W.A. COX DONATION
LAND CLAIM, BEING ALSO THE WEST LINE OF THE GEORGE E. KING DONATION LAND
CLAIM, A DISTANCE OF 2648.08 FEET TO THE POINT OF BEGINNING.
CONTAINING 225,098 SQUARE FEET.
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Ordinance 6102 Exhibit A
LEGAL DESCRIPTION
NEW RIGHT OF WAY ACQUISITION
THOSE PORTIONS OF THE FOLLOWING DESCRIBED TRACT "A" HEREINAFTER
REFERENCED AS PARCEL 1, PARCEL 2, AND PARCEL 3, EACH BEING FOR STREET RIGHT
OF WAY PURPOSES, AND EACH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT "A"
A PORTION OF THE GEORGE E. KING DONATION LAND CLAIM N0.40 LYING IN SECTION 31,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO.
38 AND THE SOUTHEAST CORNER OF R.H. BEATTY DONATION LAND CLAIM; THENCE
SOUTH 89°00'01" EAST ALONG THE NORTH LINE OF SAID GEORGE E. KING DONATION
LAND CLAIM A DISTANCE OF 638.43 FEET; THENCE SOUTH 01°48'09" WEST, ALONG A LINE
PARALLEL WITH THE EAST LINE OF SAID W.A, COX DONATION LAND CLAIM A DISTANCE OF
2730.52 FEET TO A POINT ON THE LINE ESTABLISHED BY AGREEMENT RECORDED UNDER
KING COUNTY RECORDING N0.7912170640; THENCE NORTH 88°48'31" WEST ALONG SAID
LINE A DISTANCE OF 637.10 FEET TO A CONCRETE; MONUMENT MARKED "NO. 1 - LS 11191"
ON THE WEST LINE OF SAID GEORGE E. KING DONATION LAND CLAIM; THENCE NORM
00°51'48" EAST A DISTANCE OF 80.23 FEET TO A 2 INCH DIAMETER PLUGGED IRON PIPE
MARKING THE SOUTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM NO. 38;
THENCE NORTH 01°48'09" WEST ALONG SAID EAST LINE OF THE W.A. COX DONATION
LAND CLAIM, BEING ALSO THE WEST LINE OF THE GEORGE E. KING DONATION LAND
CLAIM, A DISTANCE OF 2648.08 FEET TO THE POINT OF BEGINNING.
PARCEL 1 -SOUTH 277T" STREET
THE NORTH 80.00 FEET OF THE HEREIN DESCRIBED TRACT "A".
CONTAINING 51,075 SQUARE FEET.
PARCEL 2 - "I" STREET NORTHWEST
COMMENCING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT "A";
THENCE SOUTH 01°48'09" EAST ALONG SAID EAST LINE OF THE W.A. COX DONATION LAND
CLAIM AND SAID WEST LINE OF THE GEORGE E. KING DONATION LAND CLAIM, A
DISTANCE OF 1423.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24°56'01"
EAST A DISTANCE OF 222.28 FEET; THENCE SOUTH 01°48'09" WEST A DISTANCE OF
1024.00 FEET; THENCE SOUTH 08°54'52" WEST A DISTANCE OF 82.50 FEET TO THE SOUTH
LINE OF THE HEREIN DESCRIBED TRACT "A"; THENCE NORTH 88°48'40" WEST ALONG SAID
SOUTH LINE A DISTANCE OF 88.50 FEET TO THE SOUTHWEST CORNER OF THE ABOVE
DESCRIBED PROPERTY; THENCE NORTH 00°51'48" EAST A DISTANCE OF 80.23 FEET;
THENCE NORTH 01°48'09" EAST A DISTANCE OF 1224.91 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 120,067 SQUARE FEET.
PAGE 1 OF 2
Ordinance 6102 Exhibit A
PARCEL 3 - 49T" STREET NORTHEAST
A STRIP OF LAND 75.00 FEET TN WIDTH, HAVING 37.50 FEET OF SUCH WIDTH ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT "A";
THENCE SOUTH 01°48'09" WEST ALONG SAID EAST LINE OF THE W.A. COX DONATION
LAND CLAIM AND SAID WEST LINE OF THE GEORGE E. KING DONATION LAND CLAIM, A
DISTANCE OF 736.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 58°21'09"
EAST A DISTANCE OF 371.19 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 600.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, PASSING
THROUGH A CENTRAL ANGLE 33°15'12" A DISTANCE OF 348.23 FEET TO A POINT ON THE
EAST LINE OF THE HEREIN DESCRIBED TRACT "A" AND THE TERMINUS OF THIS
CENTERLINE DESCRIPTION.
THE SIDELINES OF THE HEREIN DESCRIBED STRIP OF LAND ARE TO LENGTHEN OR
SHORTEN AS NECESSARY TO TERMINATE ON THE EAST AND WEST LINES OF SAID TRACT
..A..
CONTAINING 53,956 SQUARE FEET.
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Ordinance 6102 Exhibit B
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PORT OF SEATTLE /AUBURN REAL ESTATE EXCHANGE AGREEMENT o tae' ¢60'
LEGEND:
® RIGHT-OF-WAY TO BE
VACATED HY C[TY 225,098 SF AREA OF OVERLAP
~~~~,~; ~.~ RIGHT-OF-WAY TO BE 225,098 SF WETLANDS
'~"`~ ~
' ACHUIRED BY CITY
Ordinance 6102 Exhibit C Execution Copy
REAL ESTATE EXCHANGE AGREEMENT
THIS REAL ESTATE EXCHANGE AGREEMENT ("Agreement") is made and entered
into as of the day of , 2007 by and between the City of Auburn, a municipal
corporation of the State of Washington ("City") and the Port of Seattle, a municipal corporation
of the State of Washington ("Port").
RECITALS
A. The Port is the owner of certain real property in the City of Auburn, Washington,
legally described on Exhibit A to this Agreement ("Port Property"), being a portion of King
County Tax Parcels No. 9360600258 and No. 9360600260
B. The City is the holder of certain undeveloped right-of--way, commonly known as I
Street NE and located. in the City of Auburn, Washington, over the property legally described on
Exhibit B to this Agreement ("Street Property"). The Street Property right-of--way encumbers
and bisects the Port Property. An approximate illustration of the Street Property and the Port
Property is attached as Exhibit C.
C. The City has prepared a Draft and Final "Northeast Auburn Robertson Properties
Special Area Plan Environmental Impact Statement" ("EIS") which evaluated multiple
transportation network options and addresses a revised alignment for I Street NE to meet
recognized standards for traffic safety and street network connectivity.
D. The City desires to acquire aright-of--way over the Port Property to create the
revised alignment for I Street NE, widen existing roads, provide access to serve future area
development and provide transportation improvements consistent with the EIS.
E. The Port desires to have the City vacate the Street Property right-of--way, thereby
enhancing the physical configuration of the adjoining Port-owned properties for future
development.
NOW, THEREFORE, in consideration of the agreements herein contained and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
AGREEMENT
1. The Exchange Properties the Port Property and the Street Property).
1.1 Subject to the terms and conditions of this Agreement, and in
consideration thereof, the City has adopted an ordinance vacating to the Port the Street Property
right-of--way, and the Port agrees to accept in exchange the Street Property right-of--way and any
and all easements and other appurtenances used in connection with its beneficial use and
enjoyment.
Real Estate Exchange Agreement
DM 291482v.5
Ordinance 6102 Exhibit C Execution Copy
1.2 Subject to the terms and conditions of this Agreement, and in
consideration thereof, the Port agrees to convey to the City, and the City agrees to accept as
payment for vacating the Street Property right-of--way, dedication of aright-of--way over the Port
Property subject to any and all existing easements.
1.3 This Agreement is subject to the approval of the Port Commission of the
Port of Seattle and the Auburn City Council.
2. Title.
2.1 The Street Property right-of--way shall be vacated to Port at Transfer by
recorded City Ordinance vacating the Street Property right-of--way ("Ordinance").
2.2 The right-of--way over the Port Property shall be conveyed to the City at
Transfer by a Dedication Deed ("Port Property Deed"). The Port Property Deed shall be
substantially in a form as attached Exhibit D.
3. Condition of Street Property and Port Property.
3.1 Before Transfer, Port shall have inspected the Street Property right-of-
way. The Port will be acquiring the Street Property right-of--way in its present physical
condition, "AS IS," "WHERE IS" and with all faults, known or unknown, on the basis of Port's
own independent investigations. Without limiting the generality of the foregoing, except for the
express covenants, representations and warranties and indemnities contained in this Agreement,
the City has made no representations or warranties of any kind relating to the physical or
environmental condition of the Street Property right-of--way.
3.2 Before Transfer, the City shall have inspected the Port Property. The City
will be acquiring the Port Property right-of--way in its present physical condition, "AS IS,"
"WHERE IS" and with all faults, known or unknown, on the basis of the City's own independent
investigations. Without limiting the generality of the foregoing, except for the express
covenants, representations, and warranties and indemnities contained in this Agreement, the Port
has made no representations or warranties of any kind relating to the physical or environmental
condition of all or any part of the Port Property.
4. The Port's and the Ci , 's Right to Terminate. If either the Port's or the City's
conditions, set forth in this Agreement, are not satisfied in the respective party's sole and
absolute discretion, the party whose conditions are not satisfied shall have the right to terminate
this Agreement by giving five days written notice to the other party. If either party gives a
termination notice to the other party under this Section 4, this Agreement shall terminate and
neither party shall have any further liability to the other under the Agreement.
5. Port Transfer Conditions. The Port's obligation to grant the Port Property right-
of-way shall be subject to the following conditions that must be satisfied as of Transfer:
Real Estate Exchange Agreement 2
DM 291482v.5
Ordinance 6102 Exhibit C Execution Copy
5.1 All representations and warranties of the City contained herein shall be
true, accurate and complete at the time of the Transfer as if made again at such time;
5.2 The City shall have performed all obligations to be performed by each
hereunder on or before Transfer (or, if earlier, on or before the date set forth in this Agreement
for such performance);
5.3 At Transfer, title to the Street Property shall be in the condition required
by this Agreement; and
If the conditions set forth in this Section 5 are not satisfied as of Transfer and the Port
does not waive the same, the Port may terminate this Agreement, and thereafter neither party
shall have any further liability to the other under this Agreement.
6. City's Transfer Conditions. The City's obligation to vacate the Street Property
right-of--way shall be subject to the following conditions that must be satisfied as of Transfer:
6.1 All representations and warranties of the Port contained herein shall be
true, accurate and complete at the time of the Transfer as if made again at such time;
6.2 The Port shall have performed all obligations to be performed by each
hereunder on or before Transfer (or, if earlier, on or before the date set forth in this Agreement
for such performance);
6.3 At Transfer, title to the Port Property shall be in the condition required by
this Agreement; and
If the conditions set forth in this Section 6 are not satisfied as of Transfer and the City
does not waive the same, the City may terminate this Agreement, and thereafter neither party
shall have any further liability to the other under this Agreement.
7. Transfer.
7.1 Time. The City shall record the Ordinance no later than ten (10) days
after execution of this Agreement. The Port shall record the Port Property Deed no later than
five (5) days after receiving a conformed copy of the recorded Ordinance from the City. The
transfer of this exchange ("Transfer") shall be effective the date the Port Property Deed is
recorded.
7.2 Port Obli atg ions. To accomplish the Transfer, the Port shall deliver to the
City the following:
7.2.1 Port Property Deed. A conformed copy of the recorded Port
Property Deed, no later than five (5) days after recording in accordance with subsection 7.1.
Real Estate Exchange Agreement
DM 291482v.5
Ordinance 6102 Exhibit C Execution Copy
7.2.2 Excise Tax Affidavit. An appropriate excise tax affidavit, signed
and notarized by the responsible and authorized officials of the Port.
7.3 City Obli atg ions. To accomplish the Transfer, the City shall deliver to the
Port the following:
7.3.1 Ordinance. A conformed copy of the recorded Ordinance, no later
than ten (10) days after recording in accordance with subsection 7.1.
7.4 Proration. All rents, taxes, interest and other expenses associated with the
Street Property right-of--way and the Port Property right-of--way shall be prorated as of Transfer.
8. Possession. The Port shall be entitled to possession of the Street Property right-
of-way immediately following Transfer. The City shall be entitled to possession of the Port
Property right-of--way immediately following Transfer.
9. Port Warranties. The Port hereby acknowledges, represents and warrants as of
Transfer that: (a) it is the owner in fee of the Port Property; (b) the Port will not hereafter enter
into any contract or create any obligation which will bind the City as a successor in interest with
respect to the Port Property right-of--way; and (c) the Port is not aware of any material defect in
the Port Property. All warranties set forth in this Section 9 shall survive the Transfer and the
Port shall defend, indemnify and hold the City harmless from any breaches thereof, including
costs and attorneys' fees.
10. City Warranties. The City hereby acknowledges, represents and warrants as of
Transfer that: (a) it has right-of--way rights to the Street Property; (b) the City will not hereafter
enter into any contract or create any obligation which will bind the Port as a successor in interest
with respect to the Street Property right-of--way; and (c) the City is not aware of any material
defect in the Street Property right-of--way. All warranties set forth in this Section 10 shall
survive the Transfer and the City shall defend, indemnify and hold the Port harmless from any
breaches thereof, including costs and attorneys' fees.
11. Indemnification.
11.1 By the City. The City shall pay, protect, pay the defense costs of,
indemnify and hold the Port and its successors and assigns harmless from and against any and all
loss, liability, claim, damage and expense suffered or incurred by reason of (a) the breach of any
representation, warranty or agreement of the City set forth in this Agreement; (b) the failure of
the City to perform any obligation required by this Agreement to be performed by the City;
(c) the ownership, maintenance, and/or operation of the Street Property right-of--way by the City
prior to the Transfer; or (d) any injuries to persons or property from any cause occasioned in
whole or in part by any acts or omissions of the City, its representatives, employees, contractor
or suppliers that occurred on the Street Property prior to Transfer.
11.2 By the Port. The Port shall pay, protect, pay the defense costs of,
indemnify and hold the City and its successors and assigns harmless from and against any and all
Real Estate Exchange Agreement
DM 291482v.5
Ordinance 6102 Exklibit C Execution Copy
loss, liability, claim, damage and expense suffered or incurred by reason of (a) the breach of any
representation, warranty or agreement of the Port set forth in this Agreement; (b) the failure of
the Port to perform any obligation required by this Agreement to be performed by the Port;
(c) the ownership, maintenance, and/or operation of the Port Property by the Port prior to the
Transfer; or (d) any injuries to persons or property from any cause occasioned in whole or in part
by any acts or omissions of the Port, its representatives, employees, contractor or suppliers that
occurred on the Port Property prior to Transfer.
12. Condemnation. In the event of any commenced or to be commenced
condemnation proceedings respecting either the Street Property or the Port Property or any
portion of either, this Agreement shall terminate upon the filing of a petition for condemnation
by the condemning authority, unless the parties amend this Agreement to provide otherwise.
13. Risk of Loss.
13.1 Risk of loss of, or damage to, the Street Property right-of--way shall be
borne by the City until Transfer. Thereafter, the Port shall bear the risk of loss to the Street
Property right-of--way.
13.2 Risk of loss of, or damage to, the Port Property shall be borne by Port until
Transfer. Thereafter, the City shall bear the risk of loss to the Port Property right-of--way.
14. Default. In the event of a default under this Agreement by either party, the sole
remedy of the other party shall be to terminate this Agreement upon five (5) days notice to the
defaulting party.
15. Acknowledgment. The undersigned, by execution hereof, represent that this
Agreement has been read by or to them, that the undersigned understand and fully agree to each
and every provision herein, and that they have each had an opportunity to consult with counsel
of their own choosing.
16. Notices. All notices to be given by each party to the other pursuant to this
Agreement shall be delivered in person, by facsimile or deposited in the United States mail,
properly addressed, postage fully prepaid, for delivery by certified or registered mail, return
receipt requested. Notices given by personal delivery or facsimile shall be deemed effective
upon receipt; notices given by mail shall be deemed effective on the third day after deposit.
Notices may be given at the following addresses and facsimile numbers, until further notice by
either party:
Cam:
City of Auburn
Attn: Planning Director
25 West Main Street
Auburn, WA 98001-4998
(253) 931-3090
(253) 804-3114 FAX
Port:
Port of Seattle
Attn: Manager - Acquisitions/Relocation
19639 - 28th Avenue S., Bld~E.
SeaTac, WA 98188
(206) 444-6788
Real Estate Exchange Agreement
DM 291482v.5
Ordinance 6102 Exhibit C Execution Copy
17. Miscellaneous:
17.1 Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. It is agreed that King County,
Washington shall be the venue for any litigation arising out of this Agreement.
17.2 Entire Agreement. This Agreement constitutes the entire agreement
between the parties concerning the exchange of the Street Property right-of--way and the Port
Property right-of--way and cannot be changed or modified other than by a written agreement
executed by both parties.
17.3 Counterparts. This Agreement may be executed in more than one
counterpart, each of which shall be deemed an original.
17.4 Successors and Assigns. This Agreement shall bind and inure to the
benefit of the respective successors and assigns of the parties.
17.5 Event Date. If any event date falls on a Saturday, Sunday or legal holiday,
then the time for performance shall be extended until the next business day.
17.6 Non-Waiver. No term or condition of this Agreement will be deemed to
have been waived or amended unless expressed in writing, and the waiver of any condition or
the breach of any term will not be a waiver of any subsequent breach of the same or any other
term or condition.
17.7 Exhibits. The Agreement contains the following Exhibits which are
attached and made a part of the Agreement: Exhibits A, B, C and D.
17.8 Brokers. The Port and the City represent and warrant that they have not
engaged any broker, agent or consultant who might claim a commission in connection with this
Agreement.
17.9 Time. Time is of the essence of this Agreement.
17.10 Attorneys Fees/Litigation Expenses. Each party shall pay their respective
attorneys fees with respect to this Agreement and Transfer. In any controversy, claim or dispute
arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover its
costs and expenses of suit, including reasonable attorneys' fees.
17.11 Captions. Section headings are used for the purpose of convenience only
and shall not be considered in construing this Agreement.
Real Estate Exchange Agreement
DM 291482v.5
Ordinance 6102 Exhibit C Execution Copy
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first set forth above.
CITY OF AUBURN: PORT OF SEATTLE:
By: By:
Print:
Its:
Its:
Real Estate Exchange Agreement
DM 291482v.5
Ordinance 6102 Exhibit C Execution Copy
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the of the CITY OF AUBURN, a municipal
corporation of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires:
Print Name:
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the of the PORT OF SEATTLE, a municipal
corporation of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires:
Print Name:
Real Estate Exchange Agreement
DM 291482v.5
Ordinance 6102 Exhibit C Execution Copy
EXHIBIT "A"
Port Property
Exhibit "A" Port Property A-1
Real Estate Exchange Agreement
Ordinance 6102 Exhibit C
LEGAL DESCRIPTION
NEW RIGHT OF WAY ACQUISITION
THOSE PORTIONS OF THE FOLLOWING DESCRIBED TRACT "A" HEREINAFTER
REFERENCED AS PARCEL 1, PARCEL 2, AND PARCEL 3, EACH BEING FOR STREET RIGHT
OF WAY PURPOSES, AND EACH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT "A"
A PORTION OF THE GEORGE E. KING DONATION LAND CLAIM N0.40 LYING IN SECTION 31,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO.
38 AND THE SOUTHEAST CORNER OF R.H. BEATTY DONATION LAND CLAIM; THENCE
SOUTH 89°00'01" EAST ALONG THE NORTH LINE OF SAID GEORGE E. KING DONATION
LAND CLAIM A DISTANCE OF 638.43 FEET; THENCE SOUTH 01°48'09" WEST, ALONG A LINE
PARALLEL WITH THE EAST LINE OF SAID W.A. COX DONATION LAND CLAIM A DISTANCE OF
2730.52 FEET TO A POINT ON THE LINE ESTABLISHED BY AGREEMENT RECORDED UNDER
KING COUNTY RECORDING N0.7912170640; THENCE NORTH 88°48'31" WEST ALONG SAID
LINE A DISTANCE OF 637.10 FEET TO A CONCRETE MONUMENT MARKED "NO. 1 - LS 11191"
ON THE WEST LINE OF SAID GEORGE E. KING DONATION LAND CLAIM; THENCE NORM
00°51'48" EAST A DISTANCE OF 80.23 FEET TO A 2 INCH DIAMETER PLUGGED IRON PIPE
MARKING THE SOUTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM NO. 38;
THENCE NORTH 01°48'09" EAST ALONG SAID EAST LINE OF THE W.A. COX DONATION LAND
CLAIM, BEING ALSO THE WEST LINE OF THE GEORGE E. KING DONATION LAND CLAIM, A
DISTANCE OF 2648.08 FEET TO THE POINT OF BEGINNING.
PARCEL 1 -SOUTH 277T" STREET
THE NORTH 80.00 FEET OF THE HEREIN DESCRIBED TRACT "A".
CONTAINING 51,075 SQUARE FEET.
PARCEL 2 - "I" STREET NORTHWEST
COMMENCING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT "A";
THENCE SOUTH 01°48'09" EAST ALONG SAID EAST LINE OF THE W.A. COX DONATION LAND
CLAIM AND SAID WEST LINE OF THE GEORGE E. KING DONATION LAND CLAIM, A
DISTANCE OF 1423.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24°56'01"
EAST A DISTANCE OF 222.28 FEET; THENCE SOUTH 01°48'09" WEST A DISTANCE OF
1024.00 FEET; THENCE SOUTH OS°54'52" WEST A DISTANCE OF 82.50 FEET TO THE SOUTH
LINE OF THE HEREIN DESCRIBED TRACT "A"; THENCE NORTH 88°48'40" WEST ALONG SAID
SOUTH LINE A DISTANCE OF 88.50 FEET TO THE SOUTHWEST CORNER OF THE ABOVE
DESCRIBED PROPERTY; THENCE NORTH 00°51'48" EAST A DISTANCE OF 80.23 FEET;
THENCE NORTH 01°48'09" EAST A DISTANCE OF 1224.91 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 120,067 SQUARE FEET.
PAGE 1 OF 2
Ordinance 6102 Exhibit C
PARCEL 3 - 49T" STREET NORTHEAST
A STRIP OF LAND 75.00 FEET TN WIDTH, HAVING 37.50 FEET OF SUCH WIDTH ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT "A";
THENCE SOUTH 01°48'09" WEST ALONG SAID EAST LINE OF THE W.A. COX DONATION
LAND CLAIM AND SgID WEST LINE OF THE GEORGE E. KING DONATION LAND CLAIM, A
DISTANCE OF 736.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 58°21'09"
EAST A DISTANCE OF 371.19 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 600.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, PASSING
THROUGH A CENTRAL ANGLE 33°15'12" A DISTANCE OF 348.23 FEET TO A POINT ON THE
EAST LINE OF THE HEREIN DESCRIBED TRACT "A" AND THE TERMINUS OF THIS
CENTERLINE DESCRIPTION.
THE SIDELINES OF THE HEREIN DESCRIBED STRIP OF LAND ARE TO LENGTHEN OR
SHORTEN AS NECESSARY TO TERMINATE ON THE EAST AND WEST LINES OF SAID TRACT
,.A..
CONTAINING 53,956 SQUARE FEET.
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K:\Survey\Yr_20051205065\205065 T55Leg (New ROW Acq) 20070312_wp.doc
205065 T55Leg (New ROW Acq) 20070312
PAGE 2 OF 2
Ordinance 6102 Exhibit C Execution Copy
EXHIBIT "B"
Street Property
Exhibit "B" Street Property B-1
Real Estate Exchange Agreement
Ordinance 6102 Exhibit C
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
ALL THAT PORTION OF "I" STREET RIGHT OF WAY ACCORDING TO STATUTORY
WARRANTY DEED FILED UNDER RECORDING NUMBER 8911280990 IN KING COUNTY
WASHINGTON LYING WITHIN THE HEREINAFTER DESCRIBED TRACT "A".
TRACT "A"
A PORTION OF THE GEORGE E. KING DONATION LAND CLAIM N0.40 LYING IN SECTION 31,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO.
38 AND THE SOUTHEAST CORNER OF R.H. BEATTY DONATION CLAIM; THENCE SOUTH
89°00'01" EAST ALONG THE NORTH LINE OF SAID GEORGE E. KING DONATION LAND CLAIM
A DISTANCE OF 638.43 FEET; THENCE SOUTH 01°48'09" WEST, ALONG A LINE PARALLEL
WITH THE EAST LINE OF SAID W.A. COX DONATION LAND CLAIM A DISTANCE OF 2730.52
FEET TO A POINT ON THE LINE ESTABLISHED BY AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 7912170640; THENCE NORTH 88°48'31" WEST ALONG SAID LINE A
DISTANCE OF 637.10 FEET TO A CONCRETE MONUMENT MARKED "NO. 1 - LS 11191" ON
THE WEST LINE OF SAID GEORGE E. KING DONATION LAND CLAIM; THENCE NORTH
00°51'48" EAST A DISTANCE OF 80.23 FEET TO A 2 INCH DIAMETER PLUGGED IRON PIPE
MARKING THE SOUTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM N0.38;
THENCE NORTH 01°48'09" EAST ALONG SAID EAST LINE OF THE W.A. COX DONATION LAND
CLAIM, BEING ALSO THE WEST LINE OF THE GEORGE E. KING DONATION LAND CLAIM, A
DISTANCE OF 2648.08 FEET TO THE POINT OF BEGINNING.
CONTAINING 225,098 SQUARE FEET.
~~ , ~~
K:\Survey\Yr_2005\205065\205065 T55Leg (ROW Vac) 20070312
205065 T55Leg (ROW Vac) 20070312
Ordinance 6102 Exhibit C Execution Copy
EXHIBIT "C"
Illustration
Exhibit "C" Illustration C-1
Real Estate Exchange Agreement
Ordinance 6102 Exhibit C
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@IE ESTAB. BY M7912170840
PORT OF SEATTLE /AUBURN REAL ESTATE EXCHANGE AGREEMENT ~ IE6' PEO'
~
LEGEND:
® RIGHT-OF-WAY TO BE
VACATED BY CITY 225,098 SF AREA OF OVERLAP
~~:.~ij Y RIGHT-OF-WAY TO BE 225,098 SF WETLA NDS
ACQUIRED BY CITY -
Ordinance 6102 Exhibit C Execution Copy
EXHIBIT "D"
Port Prope ,Deed
After Recording Return To:
City of Auburn
Attn: City Clerk
Auburn, WA 981
DEDICATION DEED
GRANTOR: PORT OF SEATTLE, a municipal corporation of the State of Washington
GRANTEE: CITY OF AUBURN, a municipal corporation of the State of Washington
Legal Description:
Abbreviated: THOSE PORTIONS OF TRACT "A" REFERENCED AS
PARCELS 1, 2 AND 3, FOR RIGHT OF WAY PURPOSES
AND AS MORE PARTICULARLY DESCRIBED IN
ATTACHED EXHIBIT A.
Full: See Exhibit A
Assessor's Tax Parcel: Portions of Tax Parcel No. 9360600258 and No. 9360600260
THE GRANTOR, PORT OF SEATTLE, a municipal corporation of the State of
Washington, for and in consideration of the sum of Ten and No/100 dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, conveys and dedicates to the CITY OF AUBURN, a municipal corporation
of the State of Washington, for right-of--way and public .street purposes, aright-of--way
legally described on attached Exhibit A, situated in the County of King, State of
Washington, subject to those covenants, limitations and restrictions set forth in attached
Exhibit B.
Dated , 2007.
By _
Its
Exhibit "D" Port Property Deed D-1
Real Estate Exchange Agreement
Ordinance 6102 Exhibit C Execution Copy
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the
of the PORT OF SEATTLE, a municipal corporation
of the State of Washington to be the free and voluntary act of such municipal corporation
for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
Exhibit "D" Port Property Deed D-3
Real Estate Exchange Agreement