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HomeMy WebLinkAboutITEM VIII-A-1CITY OF .~AUB-U~.N ~~ x WASHINGTON 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. ~. d~ WE `'~® rave '~=J IiR~ ~xt~~s ~~o~+Z '2~ ~'ZOO~iD 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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BY ,~79121708d0 ' ~ 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. "W~ ® 0~~~ ~ ~~ ~ ' ] IAA ~N ~5,~ 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 s 277tH sT qM I PARCEL I r~ ~ r, I~ ~ ~~~ j ~ ~.. y , "~ ,~ ~'O,~ °a ~~ ~ ~ ~i ' ~~r~, ~ F t~ r.~~~ o a ~r '~ ~ Ko b cti ~ ft~! ~° ~,~. n ! ,.,, I <. v ~ ~ ~ g ~~ I~ ~ o I . ~16 doz. ... •rt`t I~ PARCEL 3' r- ~ ,~ ~ `f S ~` 49TH St NE ~ ~s ~ w is ~ - -- -- _ ' - - - - - - \ ~ ~ ~; a I' 4' ~ ~ I ',? ,,~~.RF An~~ , ~~ti~ ~'7,r~ I ~ 9pjF, ~ ~ ,' zp° , ~ . a "; ', ~ . ° ..:.. _ _ .._. _ ~._..- ..._.._ x °a ~ a ti ~~ '~'~'i~ i~ i ~ fir.: 4p~ , i __ _a ._. ~ _. ,. f / r r ^ ~..__ _ _ ~ r ~ ~:,,/ . . G ;. J i ~._.......__...._..... .:~ PARCEL Z ..: . 41 ~ i _„ ' • I _ „r, ~ I - p ) _ -~ I~F [~:k33 .. ~ _,~._, __. 1 . ~ . ~ _..._ :, .~ ; ~ ~ ., ; tr - SE COR { ~ `t y `'-~ ~A CO% DLC _ ~, ~ , ~ i~ ~ ~ l ~ @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