HomeMy WebLinkAboutITEM VIII-B-1RESOLUTION NO. 4 1 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A TERMINATION AGREEMENT
WITH THE BOEING COMPANY TERMINATING THE
DEDICATION AND EASEMENT AGREEMENT
ESTABLISHING PERIMETER ROAD AS PUBLIC RIGHT
OF WAY
WHEREAS, The City Council passed Resolution 3925 authorizing the
Mayor to execute a Dedication and Easement Agreement ("Agreement") with
The Boeing Company ("Boeing"); and
WHEREAS, The Agreement, among other things, intended to establish
Perimeter Road as a public right-of-way; and
WHEREAS, The City and Boeing no longer intend to establish Perimeter
Road as a public right-of-way; and
WHEREAS The City and Boeing now intend to terminate the Agreement
in accordance with the terms contained in a Termination Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute a
Termination Agreement with Boeing, in substantial conformity with the
agreement attached hereto, marked as Exhibit A and incorporated herein by
this reference.
Resolution No. 4183
May 16, 2008
Page 1
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
A
City Attorney
Resolution No. 4183
May 16, 2008
Page 2
Danielle E. Daskam,
City Clerk
Return Address
The Boeing Company
Boeing Law Department
7755 E. Marginal Way S.
Seattle, WA 98108
Attention: Gerald L. Bresslour
Document Title(s) (or transactions contained therein):
1. Termination of Dedication and Easement Agreement
Reference Number(s) of Related Documents: N/A
(on page of documents(s))
Grantor(s) (Last name first, then first name and initials):
1. The Boeing Company
2. City of Auburn
Grantee(s) (Last name first, then first name and initials):
1. The Boeing Company
2. City of Auburn
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Pm. Lots 4-6, 10 & 11, Auburn LLA02-0015, Recording No. 20020725001632 and Ptn. Lot 8, Auburn
LLA03-0004, Recording No. 20030321002048
?X Full legal is on Exhibits A and B of document.
Assessor's Property Tax Parcel/Account Number
TERMINATION OF DEDICATION AND EASEMENT AGREEMENT
This Termination of Dedication and Easement Agreement ("Termination") is
made as of the --f? day ofY1 , 200/1, by and between THE BOEING
COMPANY, a Delaware corporation ( Boeing"), and the CITY OF AUBURN, a
municipal corporation of the State of Washington (the "City").
RECITALS
A. Boeing and Auburn entered into that certain Dedication and Easement
Agreement dated October 17, 2005 (the "Agreement") for the purpose of establishing
Perimeter Road as a public right-of-way. Under the Agreement, Boeing, among other
things, agreed to dedicate the Perimeter Road Property to Auburn. The Agreement was
not recorded and Perimeter Road was never accepted by the City into the City's road
system. The Perimeter Road Property runs along the western portion of certain Boeing
property legally described on EXHIBIT A. The Perimeter Road Property is legally
described on attached EXHIBIT B. Capitalized terms not defined herein have the
meanings given to them by the Agreement.
B. Boeing and Auburn no longer intend to establish Perimeter Road as a
public right-of-way or fulfill their other obligations under the Agreement.
C. Boeing and Auburn now desire to terminate the Agreement in
accordance with the terms set forth herein, confirm Perimeter Road as a private road
and, for the purpose of clearing title, quitclaim one to the other, any interests that may
have been granted under the Agreement.
TERMINATION
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Termination
Boeing and Auburn hereby terminate the Agreement as of the date hereof.
Boeing and Auburn confirm that any and all rights and obligations of the parties under
the Agreement are void and of no further force and effect.
2. Quitclaim by Auburn
To the extent that Auburn has any interest in the Perimeter Road Property or the
Drainage Ditches as a result of the Agreement, Auburn hereby quitclaims the Perimeter
Road Property to Boeing, together with all street lights, gates and other improvements
located thereon, and the Drainage Ditches.
3. Termination of Easement
To the extent that Auburn granted any easement interest in the Drainage Ditches
to Boeing under the Agreement, Auburn and Boeing hereby terminate such easement.
To the extent that Boeing granted any easement interest in the Drainage Ditches to
Auburn under the Agreement, Auburn and Boeing hereby terminate such easement.
4. Merger
The parties hereby confirm that, as of the date hereof, Boeing holds an
undivided one hundred percent (100%) of the right, title and interest in the Perimeter
Road Property and the Drainage Ditches and Perimeter Road is a private road.
5. Right-of-Way Permit
To the extent that the Agreement constituted Auburn's irrevocable grant to
Boeing of a right-of-way permit issued pursuant to Auburn City Code Chapter 12.60,
Boeing and Auburn confirm that such permit is void and of no further force and effect.
6. Miscellaneous
6.1 This Termination shall be governed by and interpreted in accordance
with the laws of the State of Washington. Venue shall be in King County,
Washington.
6.2 This Termination shall be recorded with the Real Property Records
Division of the King County Records and Elections Department by the City within
twenty (20) days of execution by the parties and approval of the Termination by
resolution of the Auburn City Council.
6.3 The City and Boeing each represent and warrant it has the respective
power and authority to bind said entity to perform its respective obligations under this
Termination. The City and Boeing, and their respective representatives who sign this
Termination, each represent and warrant each has been duly authorized to execute and
deliver this Termination.
6.4 Exhibits A and B are incorporated herein by this reference as if fully set
forth herein.
6.5 This Termination and incorporated exhibits represents the entire
agreement of the parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein. This Termination
shall not be deemed to amend or supersede the Boeing Development Agreement.
6.6 The parties agree to take further actions and execute further documents,
either jointly or within their respective powers and authority, to implement the intent of
this Termination.
AGREED of the first date set forth above.
THE THE BOE P
By: Pete B. Lewis
By: Aw '
v-t
Its: Mayor Its: Authorized Signatory
ATTEST:
Daniell Daskam, City Clerk
7F! E A F
Daniel B. Heid, City Attorne
ALL PURPOSE ACKNOWLEDGEMENT
State of California )
SS
County of Los Angeles )
On September 17, 2007 before me, SUSAN N. JIMENEZ, NOTARY PUBLIC
personally appeared Alan E. Defrancis
SUSAN N. JIMENEZ
o COMM. #1670532 Z
Notary Public • California
z Los Angeles County
M Comm. Ex Yes May 97, 2010
® personally known tome
? proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/sheAhey executed
the same in his/494thei* authorized capacities,
and that by his/he4their signature(s) on the
instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
IYI.c ??
I (Signature ar tary Pub(ic)
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
On this / day of 2006, before me, the undersigned, a
Notary Public in and for the State of ashington, duly commissioned and sworn,
personally appeared Peter B. Lewis and Danielle Daskam, to me known to be the
persons who signed as Mayor and City Clerk, respectively, of the CITY OF AUBURN,
the municipal corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
municipal corporation for the uses and purposes therein mentioned, and on oath stated
that they are acting as said officers of the municipal corporation, and are authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said
municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
(Signature of Notary
(Print r stamp name of Notary)
.?' -°
11''3
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires: 13 ?l
EXHIBIT A
Boeing Property
LOTS 4, 5, 6, 10, AND 11, CITY OF AUBURN LOT LINE ADJUSTMENT NO.
LLA02-0015, AS RECORDED UNDER RECORDING NO. 20020725001632,
RECORDS OF KING COUNTY, WASHINGTON.
TOGETHER WITH
LOT 8, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA03-0004, AS
RECORDED UNDER RECORDING NO. 20030321002048, RECORDS OF KING
COUNTY, WASHINGTON.
LEGAL DESCRIPTION OF PERIMETER ROAD
That portion of Lots 4, 5, 6, 10, and 11, City of Auburn Lot Line Adjustment No. LLA02-0015, as
recorded under Recording. No. 20020725001632, Records of King County, Washington and of
Lot 8, City of Auburn Lot Line Adjustment No. LLA0.3-0004, as recorded under Recording
No. 20030321002048, Records of King County, Washington, being portions of Section 24 and 25,
Township 21 North, Range 4 East, Willamette Meridian, described as follows: .
COMMENCING at the Southeast corner of said Section 25;
THENCE North 890 33''10" West along the South line of said Section 25, a distance of 519.40 feet;
THENCE North 00° 26' 50' East, 20.00 feet;
THENCE North 89° 33' 10" West, 1,453.04 feet;
THENCE North 01° 12' 19" East, 1,299.17 feet;
THENCE= North 89' 22'50" West, 638.13 feet;
'T'HENCE North 01° 10' 46" East, 1,351.08 feet to the South line of said Lot 4;
THENCE North 89' 11' 23" West, 1,717.92 feet along the South line of said Lot 4 to the Southwest
corner of said Lot 4 and the East margin of the Chicago, Milwaukee, St. Paul 8 Pacific Railroad
and the TRUE POINT OF BEGINNING;
THENCE North 00' 57' 29" East along said East margin and the West line of said Lots 4 and 5,
1,303.34 feet to the beginning of a 2,$14.79-foot radius curve to the right;
THENCE along the arc of said curve along said margin and the West line of Said Lots 4, 5, and 10,
passing through a central angle of 24° 28' 14", a distance of 1,202.17 feet;
THENCE North 25" 25' 43" East along said East margin and the West line of said Lots 5, 6,• 8, 10,
and 11,. a distance of 3,247.84 feet to the beginning of a 2,914.79 foot radius curve to the left;
THENCE along said curve along said East margin and the West line of said Lot 8, passing through
a central angle of 12° 16' 24", a distance of 624.38 feet to the.Northwest corner of said Lot 8;
THENCE North 88° 49'47" East along the North line of said Lot 8, a distance of 210.50 feet to the
Northeast comer of said Lot 8;
THENCE South 45° 21'00" West along the East line of said Lot 8, a distance of 55.85 feet;
THENCE South 13° 18'25' West along said East line, a distance of 66.29 feet to the beginning of a
885.00-foot radius curve to the right;
THENCE along the arc of said curve along said East line, passing through a central angle of
12° 55'08", a distance of 199.55 feet;
THENCE South 26° 13'33" West along said East line, a distance of 923.09 feet to the beginning of
a 230.00-foot radius curve to the left;
THENCE along said East line along the arc
00° 02' 05, a distance of 0.14 feet;
THENCE North 63" 46' 27' West,10.00 feet:
THENCE South 26" 33' 08" West, 217.64 feet;
THENCE South 28° 30' 03" West, 27.10 feet;
THENCE South 24° 46' 50' West, 64.85 feet-,
THENCE South 27° 08'24" West, 31.00 feet;
THENCE South 25° 00'28" West, 137.68 feet;
Project Name: Boeing -Aubum
September 2, 2005
Revised: October 19, 2005
of said curve; passing through a central angle of
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THENCE South 25° 04' 56" West, 252.71 feet;
THENCE South 25° 34' 51" West, 401.13 feet;
THENCE North 64" 34' 17" West, 13.85 feet,
THENCE South 25° 25' 43" West, 1565.63 feet to the beginning of a 2719.79-foot radius curve to
the left;
THENCE along said curve, passing through a central angle of 10° 35' 59", a distance of
503.16 feet
THENCE South 14° 49'44" West, 300.68 feet;
THENCE South 09° 11'29" West, 219.86 feet;
THENCE South 01 ° 25' 15" West, 165.83 feet;
THENCE South OD* 57' 29" West, 874.21 feet;
THENCE South .03° 42' 34" East, 407.15 feet to the beginning of a 25.00-foot radius curve to the
left;
THENCE along said curve, passing through a central angle of 85° 28'49", a distance of 37.30 feet
to the South line of said Lot 4;
THENCE North 89° 11' 23" West, 138.92 feet along said South line to the TRUE POINT OF
BEGINNING.
Project Name: Boeing - Auburn
September 2, 2005
Revised: October 19, 2005
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