Loading...
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