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HomeMy WebLinkAboutITEM VIII-B-1Au$u WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4353 May 28, 2008 Department: Attachments: Budget Impact: Public Works Resolution No. 4353 $ 0 Administrative Recommendation: City Council adopt Resolution No. 4353. Background Summary: Resolution No. 4353 authorizes the Mayor and City Clerk to execute a bill of sale for a sewer manhole and section of sewer pipe, effectively making that sewer line a private one. The sale would be contingent upon receipt of a Joint Side Sewer Easement and Hold Harmless agreement from the two other parcel owners served by that line. Upon Public Works Committee approval, the City Engineer would then be authorized to release that portion of a public sewer easement that is required for the sewer line as a public line. The reason for this resolution is that Alan Poe, the owner of the parcel on which the sewer easement exists, wishes to build a carport which will extend into the easement. City regulations prevent the location of the structure within a public easement. The sale of the line and subsequent relinquishment of the easement will allow Mr. Poe to pursue a building permit for this structure. The sewer line to be conveyed cannot be configured to serve any other homes than the ones it serves currently. Since the line will now be private, this sale relieves the City of responsibility for the maintenance of the line. I W0616-1 A3.13.6 Re viewed by Council & Committees: Re viewed y Depart m an ts ivisions: Arts Commission COUNCIL COMMITTE ES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD P bli W k Fire L l Planning li P Park Board c or s u ega o ce Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing Referred to Until Tabled Unties T 7- Councilmember: Wagner Staff: Dowd Meeting Date: June 16, 2008 Item Number: VIII.B.1 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4 3 5 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BILL OF SALE TO ALAN AND AMY POE, FRED POE, AND JULIE POE FOR A CERTAIN SECTION OF SANITARY SEWER LINE LOCATED ON PRIVATE PROPERTY WHEREAS, the City of Auburn owns a public sewer line located on property owned by Alan and Amy Poe (King County Tax Parcel No. 172105- 9263) (Poe Side Sewer); and WHEREAS, the Poe Side Sewer has only two connections, which are to the adjoining properties owned by Fred Poe (King County Tax Parcel No. 172105-9018) and Julie Poe (King County Tax Parcel No. 172105-9264), respectively; and WHEREAS, the City of Auburn holds an easement across Alan and Amy Poe's property for the Poe Side Sewer; and WHEREAS, Alan and Amy Poe have applied for a permit to construct a carport; and WHEREAS, the proposed carport would extend into the City's easement area, contrary to the terms of the easement; and WHEREAS, the City cannot approve a building permit that violates the terms of a City easement; and Resolution No. 4353 May 8, 2008 Page 1 of 4 WHEREAS, if the Poe Side Sewer were to be installed under current City codes and standards, the City would require it to be a privately-owned joint side sewer; and WHEREAS, transferring the Poe Side Sewer to Alan and Amy Poe, Fred Poe, and Julie Poe (collectively, the Poes) would relieve the City of the cost of maintaining the Poe Side Sewer; and WHEREAS, the Poes have agreed to take ownership of the Poe Side Sewer; and WHEREAS the Poes have agreed to enter into an Easement and Sanitary Sewer Agreement, establishing a sewer easement across Alan and Amy Poe's property for the benefit of Fred Poe and Julie Poe, and setting forth Fred Poe and Julie Poe's responsibilities for maintenance of the Poe Side Sewer; and WHEREAS, the City has not stated to Alan and Amy Poe, and through this resolution does not state, that transfer of the Poe Side Sewer will guarantee approval of their application for a carport permit; and WHEREAS, for the City to effect transfer of the Poe Side Sewer it will relinquish its easement across Alan and Amy Poe's property and execute a bill of sale for the sewer line to the Poes; and WHEREAS, ACC 12.04.050 authorizes the City Engineer to execute releases of utility easements, subject to Public Works Committee review; and WHEREAS, execution of a bill of sale for the Poe Side Sewer requires City Council approval; and Resolution No. 4353 May 8, 2008 Page 2 of 4 WHEREAS, the City Council finds that it is in the public interest for the City to transfer ownership of the Poe Side Sewer, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Bill of Sale for the Poe Side Sewer, which bill of sale shall be in substantial conformity with the bill of sale a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such 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 receipt by the City within thirty days of its passage of an executed copy of the Easement and Sanitary Sewer Agreement, a copy of which is attached hereto, marked as Exhibit "B" and incorporated herein by this reference. If the above agreement is not received within the time period provided above, this Resolution shall be null and void. Dated and Signed this day of 2008. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 4353 May 8, 2008 Page 3 of 4 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: y ?r?sf, G??r gamel H, City Attorney Resolution No. 4353 May 8, 2008 Page 4 of 4 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recordine information. BILL OF SALE Reference # (if applicable): N/A Grantor/Borrower: City of Auburn Grantee/Assignee/Beneficiary: Fred Poe Julie Poe Alan and Amy Poe Legal Description/STR: NW V. of Sec 17, T21N, R5E Assessor's Tax Parcel ID #: 172105-9263 KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor(s) The City of Auburn does by these presents hereby convey, setover, assign, transfer and warrant to the Grantee, one sanitary sewer manhole (City of Auburn Sewer Utility Inventory #711-36) and 84 LF of sanitary sewer extending west from sanitary manhole 4711-36 to sanitary sewer manhole 4711-35 (which will remain City of Auburn property), situated within the following described real property, located in King County. Lot 2 of King County Short Plat No. 383002 as recorded under King County recording No. 8404090865 and the said Grantor(s) hereby warrant(s) that it is the sole owner(s) of all the property above conveyed; that it has full power to convey the same and that it will defend the title of the said Grantee against any and all persons lawfully making claim thereto, and indemnify the City of Auburn for any costs, including Attorney fees in defending title. Resolution No. 4353 May 8, 2008 Exhibit A Page 1 of 2 IN WITNESS WHEREOF the Grantor(s) has/have executed these presents this day of 2008. CITY OF AUBURN Peter B. Lewis, Mayor Attest: Bv: Danielle E. Daskam. City Clerk 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 Resolution No. 4353 May 8, 2008 Exhibit A Page 2 of 2 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recordins information EASEMENT AND SANITARY SEWER AGREEMENT tceterence N (it app icame): ruin naanronai on page: Grantor/Borrower: 1) Alan Poe 2) Amy Poe Additional on page: Grantee/Assignee/Bmeficiary: 1) Fred Poe 2) Julie K. Poe Legal Description/STR: V Sec 17, T21N, R5E Additional on page: Assessor's Tax Parcel ID#: 172105-9263 LEGAL DESCRIPTIONS Parcel 1 Lot 2 of King County Short Plat No. 383002 as recorded under King County recording No. 8404090865 (King County Tax Parcel No. 172105-9263). Parcel 2 Lot 1 of King County Short Plat No. 383002 as recorded under King County recording No. 8404090865. Parcel 3 Lot 3 of King County Short Plat No. 383002 as recorded under King County recording No. 84040908 EASEMENT The GRANTORS, as owners of Parcel 1, do hereby grant, convey, set over assign to the GRANTEES, as owners of Parcel 2 and Parcel 3, an easement for ingress, egress and utilities over, across, along, in, upon and under the North 12.5 feet of the East 90 feet of Lot 2 of King County Short Plat No. 383002 as recorded under King County recording No. 8404090865, for the use and benefit of Parcel 2 and parcel 3. GRANTEES shall have the obligation to maintain the granted easement and to restore the easement to its prior condition if any excavation or other disruption occurs in the use of the easement by the GRANTEES. Resolution No. 4353 May 8, 2008 Exhibit B Page 1 of 5 This easement is an easement appurtenant, and shall run with the land; and the easement and terms thereof shall be for the benefit of the GRANTEES, and their heirs, successors and assigns, and shall be binding upon GRANTORS, and their heirs, successors and assigns. AGREEMENT This Agreement made and entered into by and between the GRANTORS, Alan and Amy Poe, owners of Parcel 1 and their heirs, successors and assigns, and GRANTEES Fred Poe, owner of Parcel 2 and his heirs, successors and assigns, and Julie K. Poe, owner of Parcel 3 and her heirs, successors and assigns. Hereinafter referred to as the GRANTORS and the GRANTEES respectively. WHEREAS, the GRANTEES have requested a variance to Auburn City Code 13.20.280 for the establishment of a single side sewer to service two buildings; and WHEREAS, the City of Auburn has granted this variance conditioned upon the recording of a joint side sewer agreement between the GRANTEES, owners of Parcels 2 and 3 as described above, and a hold harmless agreement between the GRANTORS and the GRANTEES, owners of Parcels 1, 2 and 3 as described above, and an easement agreement between GRANTORS, owners of parcel 1, and the GRANTEES, owners of parcels 2 and 3 as described above; and WHEREAS, the GRANTEES, owners of Parcel 2 and Parcel 3, share a common side sewer located within Parcel 1, the GRANTORS' property as described above, and WHEREAS, the GRANTEES, owners of Parcel 2 and 3, have the potential to impact the flow of wastewater from the structures located upon both parcels, such that damages may result to either parcel from the other. The GRANTORS and the GRANTEES do hereby agree as follows: JOINT SIDE SEWER Both of the GRANTEES shall be jointly responsible on an equal 50150 basis for the costs of maintenance, operation, and repair of the shared side sewer lateral ("Shared Lateral") that extends sewer service from the City of Auburn's sanitary sewer main ("Sewer Main") to the sewer lines running to the structures on their respective parcels ("Private Side Sewers"). The Shared Lateral includes the joint hookup connection of Parcel 2 and 3's Private Side Sewers at the manhole located at the northeast corner of Parcel 1. The GRANTEES shall be solely responsible for the maintenance and repair of their respective Private Side Sewer. Both of the GRANTEES shall be jointly responsible on an equal 50150 basis for damages that may occur upon Parcels 1 due to improper maintenance, operation or repair of the Shared Lateral. GRANTEES shall have the right to establish a backwater valve upon their respective Private Side Sewer to protect against sewage backups. SANITARY SEWER AGREEMENT Page 2 of 5 This Section is an appurtenant to this Agreement and shall run with the land; and the terms thereof shall be for the benefit of the GRANTEES, their heirs, successors and assigns, and shall be binding upon, GRANTEES, their heirs, successors and assigns. HOLD HARMLESS The GRANTORS and the GRANTEES release and shall defend, indemnify and hold harmless the City of Auburn, its heirs, successors, and assigns, and the respective directors, officers, employees, contractors, and agents of Auburn and its heirs, successors and assigns (collectively referred to as the "Indemnities") from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with the use of a single side sewer connection to the City of Auburn sanitary sewer main, extending sewer service to the GRANTEES and GRANTORS parcels, and any default under or breach of this agreement by the GRANTORS and/or the GRANTEES in connection with this agreement. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless shall apply regardless of any act, omission, fault, negligence or strict liability of the Indemnities; provided, however, that GRANTORS and the GRANTEES shall not be required to so indemnify any Indemnities against any claim, loss, cost, liability, damage or expense to the extent the same is solely caused by or results from the negligence of any Indemnities. This Agreement is given without cash consideration, and is for the purpose of legally establishing an understanding for the use of a single side sewer to serve two parcels. This Agreement shall be a covenant running with the above-described real properties and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. GRANTORS Alan F. Poe Date Amy L. Poe Date GRANTEES Fred W. Poe Date Julie K. Poe Date SANITARY SEWER AGREEMENT Page 3 of 5 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 Norris Homes, Inc. to be the free and voluntary act of such person for the uses and purposes mentioned in this instrument. Notary Public in and for the State of Washington residing at My appointment expires 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 Norris Homes, Inc. to be the free and voluntary act of such person for the uses and purposes mentioned in this instrument. Notary Public in and for the State of Washington residing at My appointment expires SANITARY SEWER AGREEMENT Page 4 of 5 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 Norris Homes, Inc. to be the free and voluntary act of such person for the uses and purposes mentioned in this instrument. Notary Public in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON) ) :ss COUNTY OF ) 1 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 Norris Homes, Inc. to be the free and voluntary act of such person for the uses and purposes mentioned in this instrument. Notary Public in and for the State of Washington residing at My appointment expires SANITARY SEWER AGREEMENT Page 5 of 5