HomeMy WebLinkAbout3145RESOLUTION NO. 3 1 4 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
COMPLETE THE NEGOTIATIONS AND EXECUTE A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF AUBURN (CITY), AND LA PIANTA
LIMITED PARTNERSHIP, (OWNER(S)), IN SUPPORT OF THE WHITE RIVER
TRAIL PROJECT; PROJECT #C 9047.
WHEREAS, THE City of Auburn has planned and is prepared to award a
project for the construction of the White River Trail which parallels the Stuck
River Drive in vicinity of the property to the south owned by La Pianta; and
WHEREAS, the purpose of this Agreement is to provide additional
property in vicinity of the Stuck River Bridge and upstream between the present
road and the White River to allow the City to construct a safer, better
landscaped, and more complete White River Trail project for the purpose of
greatly improving the aesthetic appeal of the south side of the Stuck River
bridge which is the gateway to the urban portion of the City; and
WHEREAS, La Pianta, having reviewed the appraised value of the
property under consideration is willing to grant this land of substantial value to
the City as a contribution to the City's efforts to improve the trail as a public
facility, with the considerations as stated.
Resolution No. 3144
12/13/99
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY
ASSEMBLED, HEREWITH RESOLVES THAT:
Section 1. AGREEMENT. The Mayor and City Clerk of the City of
Auburn are hereby authorized to complete the negotiations and execute a
Purchase and Sale Agreement between the City of Auburn and La Pianta,
which is attached hereto and denominated Exhibit "A" and incorporated herein
by reference.
Section 2. AUTHORITY. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
DATED and SIGNED this 20th day of December, 1999.
Resolution No. 3145
12/13/99
Page 2
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3144
12/14/99
Page 3
PURCHASE AND SALE AGREEMENT
In the matter of the WHITE RIVER TRAIL EXTENSION PROJECT, Project Number C9047,
Contract Number 99-20.
THIS AGREEMENT is made and entered into by and between the City ofAubum, a
municipal corporation of the State of Washington, hereinafter referred to as the "City", and the
undersigned owner, LA PIANTA LIMITED PARTNERSHIP, a Washington Limited
Partnership, hereinafter referred to as the "Owner(s)":
WITNESSETH
WHEREAS, the City affirms and the Owner(s) agree(s) that the Owner(s') real property
described herein is required by the City for constmction and maintenance of the White River
Trail for public use and enjoyment; and
WHEREAS, in consideration of Mutual Benefits the Owner(s) have agreed to convey the
following described real property in Auburn, King County, Washington:
(See Attachment "A '9
NOW THEREFORE, it is understood and agreed that:
1. The Owner(s) shall:
a. Convey that portion of the 'R' Street Stuck River Drive parcel, including Stuck River
Drive, not presently owned by the City by good and sufficient Quit Claim Deed
(Attachment 'B'), free from all liens and encumbrances, except, those shown in
Transnation Title Insurance Company Commitment No. 869112, Dated 11/30/99, a
copy of which is attached hereto; and a private easement reserved by the Owner(s) to
own and maintain a private sewer system. The easement shall be extended East on
Stuck River Drive until it leaves the City right-of-way. At the time in the future when
the Owner(s) apply for a Facility Extension Agreement the terms of the easement may
be revised to accommodate the approved Public Facility Extension. Reference:
Stuck River Road Property Acquisition dated 11/2/1999.
b. Recognize the City's Stuck River Drive fight-of-way as advertised under Project
Number C9047 and as amended by Addendum/ti, Alternate itl, and allow the City to
relocate the existing fence as shown. Reference: Alternate iii Drawings C-2A and C-
3A dated 11/23/1999
c. Grant to Puget Sound Energy (PSE) easements as required for the support of one
power pole to be relocated by PSE. Owner shall reserve the fights to relocate the pole
at its expense. Reference: Alternate itl Drawing C-2A dated 11/23/1999.
2. In consideration of dedication of the parcel referenced in Paragraph 1.a., the City shall:
Purchase and Sale Agreement
December 10, 1999
Page 1 of 3
o
°
a. Realign a portion of the Stuck River Drive and the fence as necessary for the project,
as advertised under Project Number C9047 and as amended by Addendum #1,
Alternate #1. Reference: Alternate #1 Drawings C-2A, C-3A and C-9A dated
11/23/1999.
b. Provide a left turn lane and pocket, west bound, to Stuck River Drive at Kersey Way,
as advertised under Project Number C9047 and as amended by Addendum #1,
Alternate #1. Reference: Alternate #1 Drawing C-lO dated 11/23/1999.
c. On the parcel referenced in Paragraph 1.a., develop, with attractive native landscaping
and perimeter low timber rail, the entire parcel of land that lies adjacent to and east of
'R' Street and north of Stuck River Drive, and replace trees lost due to road and fence
relocation along the south side of Stuck River Drive, as advertised under Project -
Number C9047 and as amended by Addendum #1, Alternate #1 and Alternate #2.
Reference: Alternate #1 Drawing LS-3A and Alternate #2 Drawing LS-2A dated
11/23/99.
d. Immediately after construction of the ,City relocated fence, Reference: Alternate #1
Drawings C-2A and C-3A, the City will pursue a petition as submitted by Owner(s) to
vacate the unused portion of the fight-of-way South of the relocated fence on Stuck
River Drive described above.
e. At the time in the future when the Owner(s) apply for a Facility Extension Agreement
for purpo.se of extending public sewer service to the Owner(s) property, or any other
'properties in the immediate vicinity that have potential to be served by an extension
of public sewer service across the Stuck River Bridge, the City commits to providing
the necessary non-exclusive easemem from the existing manhole in the vicinity of the
intersection of Stuck River Drive and Kersey Way to the Right of Way as required to
support the Owner(s) design of a future Pump Station and force main (See
Attachment "C"). The City commits to work with the Owner(s) to extend public
sewer service across the White River as depicted in Attachment "C", entitled
"Proposed Crossing of the White River", and to permit connection to the City's
public system without assessment of System Development Charges, and with
provision of a standard Payback Agreement, providing the Owner(s) complete the
proposed improvements at the Owner(s) sole expense.
f. The City agrees to install a 10" buffed conduit from the private manhole described in
paragraph "2.e." to the SE abutment of Stuck River Bridge to support the proposed
future force main.
The City will pay normal costs of closing, such as escrow services, title reports and recording
fees. Any outstanding liens, assessments, taxation encumbrances that may have to be
removed to provide clear title to the City are to be satisfied prior to conveyance.
The City agrees to participate in a Lot Line Adjustment necessary to transfer the property to
the City and leave a legal lot in the ownership of the Owner(s).
Purchase and Sale Agreement
December 10, 1999
Page 2 of 3
Dated this r~t~~'~day of ~)ec_._e-~ ~e~r~ , 19 fi~
Owner(s)
City of Auburn
by: Charles A. Booth
Mayor
Attachments:
Attachment "A":
Attachment "B":
Attachment "C":
Legal Description of Property.
Deed with Reserved Easement Terms, and Legal Description
Proposed Crossing of the White River
FO/bd
REF. H:\PROJ~C9047-8\E99-1290
Purchase and Sale Agreement
December 10, 1999
Page 3 of 3
Attachment "A"
LEGAL DESCRIPTION
STUCK RIVER ROAD FROM KERSEY WAY TO APPROXIMATELY 500' EAST
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. SITUATE IN THE CITY OF
AUBURN, COUNTY OF KING, STATE OF WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 29;
THENCE NORTH 01-06-18 EAST ALONG THE WEST BOUNDARY OF SAID
SECTION 29, A DISTANCE OF 728.86 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 79-47-31 EAST, 41.68 FEET TO A POINT ON A
NONTANGENT CURVE HAVING A RADIUS OF 35.00 FEET AND A CENTRAL
ANGLE OF 87-07-31, TO WHICH THE CENTER OF THE ARC OF SAID
CURVE BEARS NORTH 79-47-31 EAST, 35.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 53.22 FEET TO
THE POINT OF TANGENCY; THENCE NORTH 76-55-02 EAST, 1.78 FEET TO
THE WESTERLY END OF AN EXISTING CHAIN-LINK FENCE; THENCE
CONTINUING NORTHEASTERLY ALONG SAID CHAIN-LINK FENCE THE
FOLLOWING EIGHT COURSES; NORTH 76-55-02 EAST, 61.85 FEET; NORTH
74-23-40 EAST, 61.16; NORTH 69-48-49 EAST, 70.34 FEET; NORTH 64-35-48
EAST, 72.21 FEET; NORTH 61-32-02 EAST, 71.97 FEET; NORTH 59-45-55
EAST, 72.39 FEET; NORTH 59-34-47 EAST, 72.81 FEET; NORTH 58-29-54
FEET, 4.17 FEET; THENCE LEAVING SAID CHAIN-LINK FENCE, NORTH 14-
08-28 WEST TO THE SOUTHERLY MARGIN OF THE WHITE RIVER; THENCE
WESTERLY ALONG SAID SOUTHERLY MARGIN OF THE WHITE RIVER TO
SAID WEST BOUNDARY OF SECTION 29; THENCE SOUTH 01-06-18 WEST
TO THE TRUE POINT OF BEGINNING.
LESS EXISTING RIGHT OF WAY FOR "R" STREET SE AND KERSEY
WAY AND LESS THE 60.00 FOOT WIDE RIGHT OF WAY FOR STUCK RIVER
DRIVE AS DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER KING
COUNTY AUDITOR'S FILE NUMBER 5853042 IN VOLUME 4633, PAGE 438
RECORDS OF KING COUNTY, WASHINGTON.
CONTAINING 32712 SQUARE FEET, (0.751 ACRES) MORE OR LESS.
Disk = Parks #1, SRRDTAKE.DOC
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Attachment: "B"
Above this line reserved for recording information.
QUIT CLAIM DEED
(Limited Partnership)
Reference # N/A:
Grantor:
Grantee:
Legal Description/STR:
N/A
LA PIANTA LIMITED
PARTNERSHIP
City of Auburn
Additional on page: __
THE GRANTOR, LA PIANTA LIMITED PARTNERSHIP (and Grantor herein), a
Washington Limited Partnership, for and in consideration of Mutual Benefits to be derived by the parties
hereto, conveys and quit claims to THE GRANTEE, THE CITY OF AUBURN, WASHINGTON
(and Grantee herein), a Municipal Corporation in King County, Washington, the following described
real estate, situated in the County of King, State of Washington.
Exhibit "A", attached hereto and by this reference made a part hereof.
Exhibit "B", attached hereto and by this reference made a part hereof, reserving unto
LaPianta Limited Partnership ("Grantor") an Easement to own and maintain a Private
Sewer System, the Terms and Conditions of which shall be as attached hereto.
This deed is given under the threat of and in lieu of Eminent Domain
Quit Claim Deed
Page 1 of 2
Dated this __ day of
LA PIANTA LIMITED PARTNERSHIP,
a Washington limited partnership
By: METRO LAND DEVELOPMENT, INC.,
a Washington corporation Its General Partner
.,1999.
By:
M. A. Segale, President
By:
Title:
STATE OF WASHINGTON)
)SS.
County of )
I certify that I know or have satisfactory evidence that M.A. Segale and are the persons
who appeared before me, and said persons acknowledged that they signed this instrument as President
and of METRO LAND DEVELOPMENT, INC., the corporation acting as general
partner of LA PIANTA LIMITED PARTNERSHIP, the limited partnership that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of
METRO LAND DEVELOPMENT, INC., as general partner of LA PIANTA LIMITED PARTNERSHIP
for the uses and purposes therein mentioned; and on oath stated that they were authorized to execute said
instrument on behalf of METRO LAND DEVELOPMENT, INC. and that the corporation was authorized
to execute said instrument on behalf of LA PIANTA LIMITED PARTNERSHIP.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Quit Claim Deed
Page 2 of 2
Exhibit "A"
LEGAL DESCRIPTION
STUCK RIVER ROAD FROM KERSEY WAY TO APPROXIMATELY 500' EAST
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W, M. SITUATE IN THE CITY OF
AUBURN, COUNTY OF KING, STATE OF WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 29;
THENCE NORTH 01-06-18 EAST ALONG THE WEST BOUNDARY OF SAID
SECTION 29, A DISTANCE OF 728.86 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 79-47-31 EAST, 41.68 FEET TO A POINT ON A
NONTANGENT CURVE HAVING A RADIUS OF 35.00 FEET AND A CENTRAL
ANGLE OF 87-07-31, TO WHICH THE CENTER OF THE ARC OF SAID
CURVE BEARS NORTH 79-47-31 EAST, 35.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 53.22 FEET TO
THE POINT OF TANGENCY; THENCE NORTH 76-55-02 EAST, 1.78 FEET TO
THE WESTERLY END OF AN EXISTING CHAIN-LINKFENCE; THENCE
CONTINUING NORTHEASTERLY ALONG SAID CHAIN-LINK FENCE THE
FOLLOWING EIGHT COURSES; NORTH 76-55-02 EAST, 61.85 FEET; NORTH
74-23-40 EAST, 61.16; NORTH 69-48-49 EAST, 70.34 FEET; NORTH 64-35-48
EAST, 72.21 FEET; NORTH 61-32-02 EAST, 71.97 FEET; NORTH 59-45-55
EAST, 72.39 FEET; NORTH 59-34-47 EAST, 72.81 FEET; NORTH 58-29-54
FEET, 4.17 FEET; THENCE LEAVING SAID CHAIN-LINK FENCE, NORTH 14-
08-28 WEST TO THE SOUTHERLY MARGIN OF THE WHITE RIVER; THENCE
WESTERLY ALONG SAID SOUTHERLY MARGIN OF THE WHITE RIVER TO
SAID WEST BOUNDARY OF SECTION 29; THENCE SOUTH 01-06-18 WEST
TO THE TRUE POINT OF BEGINNING.
LESS EXISTING RIGHT OF WAY FOR "R" STREET SE AND KERSEY
WAY AND LESS THE 60.00 FOOT WIDE RIGHT OF WAY FOR STUCK RIVER
DRIVE AS DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER KING
COUNTY AUDITOR'S FILE NUMBER 5853042 IN VOLUME 4633, PAGE 438
RECORDS OF KING COUNTY, WASHINGTON.
CONTAINING 32712 SQUARE FEET, (0.751 ACRES) MORE OR LESS.
Disk = Parks #1, SRRDTAKE.DOC
Exhibit "B"
(To Be Incorporated into the Quitclaim Deed)
Conditions of Easements
Purpose. Within the Easement Area, Owner(s) (La Pianta Limited Partnership)
shall have the right to construct, operate, maintain, repair, replace, improve,
remove, and use the Easement Area for one or more utility systems for purposes
of a private sanitary sewer system. Such system may include, but is not limited
to:
Pipes, pipelines, mains, laterals, manholes, connections, valves, fittings,
vaults and lift stations for the sewer system; conduits, lines, wires, cables,
vaults, switches, meters and transformers for electricity; fiber optic cable
and other lines, cables, wires, conduit and facilities for communications;
semi-buried or ground-mounted facilities and pads, manholes, meters,
fixtures, attachments and any and all other facilities or appurtenances
necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its system, Owner(s)
may, from time to time, construct such additional facilities as it may require
for such systems. Owner(s) shall have the right of access to the Easement
Area over and under, across the Easement Area to enable Owner(s) to
exercise its rights hereunder. Owner(s) shall compensate City for any
damage to the Easement Area caused by the exercise of such right of access
by Owner(s), and/or may repair said damage.
Easement Areas Clearing and Maintenance. Owner(s) shall also have the right
to control, on a continuing basis and by any prudent and reasonable means, the
establishment and growth of brush, trees or other vegetation in the Easement
Areas necessary to protect it's sewer facility. Owner(s) will cooperate with the
City to protect and maintain the landscape improvements of the City's project
pursuant to this agreement and replace any removed plantings damaged by
maintenance activity with suitable new plants of the same variety.
3. City's Use of Easement Areas. City shall have the right to use the Easement
Areas for any purpose not inconsistent with the rights herein reserved, provided
however, City shall not construct or maintain any buildings, structures or other
objects on the Easement Areas.
4. Indemnity. Owner(s) agrees to indemnify City from and against liability incurred
by City as a result of Owner(s)'s negligence in the exercise of the rights herein
reserved by Owner(s), but nothing herein shall require Owner(s) to indemnify
City for that portion of any such liability attributable to the negligence of City or
the negligence of others.
5. Abandonment. The rights herein reserved shall continue until such time as
Owner(s) ceases to use the Easement Areas for a period of ten (10) successive
years, in which event, this easement shall terminate and all rights hereunder,
and any improvements remaining in the Easement Areas, shall revert to
· otherwise become the property of City, provided however, that no abandonment
shall be deemed to have occurred by reason of Owner(s)'s failure to initially
install its systems on the Easement Areas within any period of time from the
date hereof.
6. Successors and Assigns. This easement is to the benefit of La Pianta Limited
Partnership, and shall also run with the land. Owner(s) shall have the right to
assign, apportion or otherwise transfer any or all of its rights, benefits, privileges
and interests arising in and under this easement. Without limiting the generality
of the foregoing, the rights and obligations of the parties shall inure to the
benefit of and be binding upon their respective successors and assigns.
7. Easement Legal Description: The Easement Area is described as follows:
(Being Prepared by City)
REF. H:\PROJ~C9047-8\E99-1290