HomeMy WebLinkAbout51291
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDINANCE NO. 5 1 2 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING ORDINANCE NO. 5114 AUTHORIZING THE
EXECUTION OF A MITIGATION AND CONSERVATION EASEMENT AGREEMENT
ON THE GOEDECKE NORTH PROPERTY FROM THE CITY OF AUBURN
SANITARY SEWER UTILITY TO THE AUBURN MUNICIPAL AIRPORT TO
INCLUDE ADDITIONAL LANGUAGE.
WHEREAS, Ordinance No. 5114 was passed by the City
Council on July 6, 1998 to permit the City Sanitary Sewer
Utility to sell a 2.4 acre Mitigation and Conservation
Easement on the Goedecke North parcel, to the Auburn Municipal
Airport; and
WHEREAS, the site will be utilized to mitigate wetland
impacts associated with filling a 1.3 acre wetland located in
the northeast corner of the Airport; and
WHEREAS, the filling is being undertaken to support
grading, drainage utility and taxiway improvements that will
allow for the future construction of hangers; and
WHEREAS, the Airport project has been reviewed and is
consistent with the Airport Master Plan component of the City
Comprehensive Plan; and
WHEREAS, subsequent to adoption of Ordinance No. 5114,
City staff requested additional language be included in the
Agreement to provide that wetland and creek restoration shall
---------------------
Ordinance No. 5129
July 28, 1998
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
be consistent with the proposed cross section recommended
within the draft Mill Creek Flood Control Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. City of Auburn Ordinance No. 5114 is hereby
amended to authorize the Mayor and City Clerk of the City of
Auburn to execute a Mitigation and Conservation Easement
Agreement on the GOEDECKE NORTH PROPERTY from the City of
Auburn Sanitary Sewer Utility to the Auburn Municipal Airport
to include additional language in Section 2 to provide that
wetland and creek restoration shall be consistent with the
proposed cross section recommended within the draft Mill Creek
Flood Control Plan dated February 28, 1997, or subsequent City
adopted plan. A copy of said Agreement is attached hereto as
Exhibit "A" and incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 3. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
---------------------
Ordinance No. 5129
July 28, 1998
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
INTRODUCED: August 3, 1998
PASSED: August 3, 1998
APPROVED: August 3, 1998
CHARLES A. BOO H
MAYOR
ATTEST:
Cry!Q~Q.~J
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael ,T ." Reynolds,
City Attorney
Published: ~ ~'
---------------------
Ordinance No. 5129
July 28, 1998
Page 3
OrIGI?!AL
MITIGATION AND CONSERVATION EASEMENT AGREEMENT
Document Title: Easement Agreement
Reference numbers of related documents: N/A
Grantor(s): City of Auburn Sanitary Sewer Utility
Grantee(s): Auburn Municipal Airport
Legal Description:
Additional legal description is on page of document Assessor's
Property Tax Parcel/Account Number(s):
THIS EASEMENT AGREEMENT ("Easement") is made and entered into
as of August 3 .1998, by and between the CITY OF AUBURN ("Grantor")
and Auburn Municipal ("Grantee"). Sanitary
Airport Sewer
RECITALS
Utility
A. Grantor is the owner of that certain real property situated in the City
of Auburn, County of King, State of Washington, which is legally described in
Exhibit A, attached hereto and incorporated herein by this reference (the "City
Property"). Grantee owns certain real property in the City, which is legally
described in Exhibit A attached hereto and incorporated herein by this reference
("Grantee's Property"). To facilitate the development of the Grantee's project,
Grantee desires to obtain an easement over the City Property for purposes of
enhancement, restoration, creation, monitoring and maintenance of wetlands and
creek corridor.
B. The Grantor desires to grant to Grantee, and Grantee desires to
accept an easement over the City Property on the terms and conditions set forth
below.
AGREEMENTS
In consideration of the mutual promises and covenants herein contained,
and other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the parties agree:
1. Easement. Grantor grants and conveys to Grantee anon-exclusive
easement over, under across and through the City Property for the purposes of
creating, enhancing, restoring, monitoring and/or maintaining wetlands and creek
corridor on the City Property for the benefit and credit of the Grantee's property
and any future development situated thereon. Grantor reserves the right to use
Easement Agreement
July 24, 1998
Page 1
the City Property for purposes not inconsistent with and that would not interfere
with any wetlands and creek enhancement work performed by Grantee during or
after the performance of the work or any continuing obligation of Grantee to
maintain the same. Examples of such purposes include park and nature trail
uses.
2. Wetlands and Creek Restoration Design. Grantee shall not, in any
activity or through any construction or alteration of the City Property create a
dangerous condition on the City Property. Grantee's wetlands mitigation
plantings and or construction plans (the "Plans") shall be subject to Grantor's
prior written consent, which shall not be unreasonably withheld or delayed;
provided that (i) Grantor's approval of Grantee's Plans shall not constitute any
representation by Grantor as to the sufficiency, safety, feasibility or other matter
relating to such Plans, (ii) Grantee shall be solely responsible for any
consequences of its plan decisions and implementation, and (iii) if Grantor
disapproves any Plans on the ground that they create a dangerous condition,
Grantor shall cooperate with Grantee in creating an alternative design acceptable
to Grantor in its regulatory capacity that does not create such a dangerous
condition. The creek restoration shall be consistent with the proposed cross
section recommended within the "draft" Mill Creek Flood Control Plan, dated
February 28, 1997, or subsequent City adopted plan. Grantee agrees to provide
Grantor with copies of its proposed and any "as built" construction records
showing wetlands mitigation and creek restoration plantings or development.
3. stormwater Conveyance System. Grantee acknowledges that
Grantor will be constructing a stormwater conveyance system within the
Easement and consents to such construction and agrees that such construction
shall not be deemed inconsistent with Grantee's rights hereunder. Grantor
agrees that, if such stormwater conveyance system is sufficiently designed as of
the time of completion of the Plans. Grantee may include any benefits created
by the stormwater conveyance as a part of Grantee's wetland mitigation plan and
further that the mitigation measures that Grantee is required to construct shall not
be greater as a result of the stormwater conveyance that would have been
required without the stormwater conveyance. Grantor further agrees that if the
stormwater conveyance system is designed after completion and regulatory
approval of the Plans, construction of the stormwater conveyance system shall
be undertaken in such a manner as the construction does not require the
undertaking of any additional or replacement wetlands mitigation by Grantee
beyond that contemplated in the approved Plans.
4. Condition of City Property. Grantee acknowledges that the
easement rights conveyed hereunder, and the condition of the underlying City
Property are taken "as is where is" without representation or warranty as to the
condition of the City Property and that no representations or warranties have
been made or are made and no responsibility has been or is assumed by Grantor
as to any matters concerning the City Property, or as to any other fact or
Easement Agreement
July 24, 1998
Page 2
condition which has or might affect the City Property or any portion thereof. The
parties agree that all understandings and agreements heretofore made between
them or their respective agents or representatives are merged into this Easement
that this Easement has been entered into after a reasonable investigation, or with
the parties satisfied with the opportunity afforded for a reasonable investigation.
Grantee is not relying upon any statement or representation by Grantor unless
such statement or representation is specifically embodied in this Easement.
5. Notices. All notices required or permitted hereunder shall be in
writing and shall either be delivered in person or sent by certified or registered
mail, return receipt requested, and shall be deemed received on the sooner of
actual receipt or five days after being deposited in the mail, postage prepaid,
addressed to Grantor or Grantee at their last know address.
6. Binding Effect. This Easement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
7. Amendment. This Easement may be amended only by written
instrument executed by Grantor and Grantee.
8. Applicable Law. This Easement shall be governed by and
construed in accordance with the laws of the State of Washington.
9. Attorneys' Fees. In any proceeding brought to enforce this
Easement or to determine the rights of the parties under this Easement, the
prevailing party shall be entitled to collect, in addition to any judgment awarded
by a court, a reasonable sum as attorneys' fees, and all costs and expenses
incurred in connection with such a lawsuit, including attorneys' fees, expenses of
litigation, and costs of appeal. For purposes of this Easement, the prevailing
party shall be that party in whose favor final judgment is rendered or who
substantially prevails, if both parties are awarded judgment. The term
"proceeding" shall mean and include arbitration, administrative, bankruptcy, and
judicial proceedings including appeals.
10. Recording. Upon execution, this Easement shall be recorded in the
land records of King County, Washington.
11. Duration of Easement. This Easement shall be in effect
permanently and shall run with the land.
Easement Agreement
July 24, 1998
Page 3
Executed as of the day and year first above written.
GRANTOR:
CITY OF AUBURN-SANITARY SEWER UTILITY
Y~
Ci Engineer
GRANTEE:
CITY OFAUBURN-MUNICIPAL AIRPORT
By:
Planning Director
ACCEPTANCE:
CITY OF AUBURN
By: ale
Charles A. Booth, Mayor
Easement Agreement
July 24, 1998
Page 4
STATE OF WASHINGTON
~ ss.
COUNTY OF KING )
On this day personf~ Ily app ared before me~~Ars~~dY ~r~/~~me known to
be theL~j}~y Errci~rtr ~• ~Il~/t~e.Jr,s ~irof CITY OF AUBURN, a government entity that executed
the within and oregoing instrument, and acknowledged the said instrument to be the free and
volunt ry act and deed of said for the uses and purposes therein mentioned, and on oath stated
that i~ authorized to execute said instrument.
iC. ,~-
GIVEN under my hand and official seal this d~(`ay1JI ^of''~ ~r //tt/, `J1~~y99~_8.~~y - ~
~ ~•~V~~~.tON ~~s~~~i~~~ ~w~'a G ~rsS v~-~.~
~ ~ o` A~OTARY .9~: ~ (Print name of notary)
~ Ni NOTARY PUBLIC in and r the State of
--~'- ~ ~IVashington, residing at
N ~. o PUt;LIC ~: 2
~ •, o~, ,~~~: p ~ y commission expires !d-2 s' F~
~ '• ~
STATE OF WASHINGTON )
ss.
COUNTY OF KING 1
On this day personally appeared before me , to me known to
be Vice President of ,the corporation that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN under my hand and official seal this _ day of , 1998.
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
MIS~.AGREE98
Easement Agreement
July 24, 1998
Page 5
PURCHASE AND SALE AGREEMENT
In the matter of the Airport Mitigation project.
THIS AGREEMENT is made and entered into by and between the City of
Auburn, Sanitary Utility Enterprise Fund, a municipal corporation of the State of
Washington, hereinafter referred to as the "Owner(s)", and the City of Auburn, Airport
Enterprise Fund, a municipal corporation of the State of Washington, hereinafter referred
to as the "Airport".
WITNESSETH
WHEREAS, the Airport affirms and the Sanitary Utility(s) agree(s) that the
Utility's(s) real property described herein is required by the Owner for a
mitigation/conservation easement site.
AND WHEREAS, the Owner has made a firm and continuing offer to pay the
amount of forty-seven thousand forty-eight dollars ($47,048.00), for the purchase of the
following described real property in Auburn, King County, Washington.
NOW THEREFORE, it is understood and agreed non-exclusive that:
The Utility(s) will convey to the Airport a perpetual mitigation easement. (See
attached.)
2. The owner will issue a warrant in the amount of $47,048.00 as stated above,
which will be transferred from the Airport Enterprise Fund to the Utility Enterprise
Fund.
3. Delivery of this Agreement is hereby tendered. HOWEVER, the terms and
obligations hereof shall not become binding upon the City unless and until a
resolution authorizing the acquisition is approved by the City Council.
Dated this~ay of ~~'~tr , 19~
City of uburn
by.
Planning it ctor, Airport
City of Auburn
ity ngineer, Ut ' y
MIS~,AGREE98A
Purchase and Sale Agreement
July 24, 1998