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.
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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
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W
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L
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Park Board c
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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