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Home My WebLink About3281 RESOLUTION NO. 3 2 8 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AUBURN (CITY), AND OLIVER PROPERTY LLC, PARCEL NO. A, (OWNER) IN SUPPORT OF THE 42ND STREET NW RIGHT OF WAY PURCHASE PROJECT; PROJECT NO. C9008. WHEREAS, the City of Auburn plans to complete a portion of 42nd Street NW to City standards for a public corridor; and WHEREAS, to fulfill this need, the City must acquire the northern one- half of 42"d Street NW right-of-way, which is currently a private road immediately east of 'B' Street NW, Auburn; and WHEREAS, Oliver Property LLC, owner of Parcel No. A, 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 acquire the northern one-half of 42nd Street NW to complete a public corridor to City standards, with the considerations as stated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREWITH RESOLVES AS FOLLOWS: Section 1. AGREEMENT. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute a Purchase and Sale Agreement between the City of Auburn and Oliver Property LLC, owner of Parcel No. A, Resolution No, 3281 November 8, 2000 Page 1 which is attached hereto and denominated Exhibit "1" 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 November, 2000. CITY OF AUBURN CHARLES A. BOOTH MAYOR Resolution No. 3281 November 8, 2000 Page 2 ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3281 November 8, 2000 Page 3 PURCHASE AND SALE AGREEMENT In the matter of the 42nd Street NW Private to Public Road Project, C9008 Parcel No. A THIS AGREEMENT is made and entered into by and between the City of Auburn, a municipal corporation of the State of Washingtort, hereinaf~er referred to as the "City", and Robert M. & Brenda J. Oliver, the undersigned owner(s) 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 construction of roadway improvements associated with the project described above. AND WHEREAS, the City has made a firm and continuing offer to pay the mount of SIXTY THREE THOUSAND FOUR HUNDRED SIXTY NINE AND 12/100 DOLLARS ($63A69.12), for the purchase of the following described real property in Auburn, King County, Washington: See "Exhibit A" NOW THEREFORE, in consideration of the mutual covenants set forth herein, it is understood and agreed that 1. The Owner(s) shall convey the real property described above by sufficient Statutory Warranty Deed, free from all liens and encumbrances of every nature. 2. The City will issue a warrant in the mount of $63,469.12 as stated above, which will be deposited with Pacific Northwest Title Company of Washington. 3. The City will pay normal costs of closing, such as escrow services, tide reports and recording fees. Any outstanding liens, assessments, taxation encumbmces that my have to be removed to provide clear tide to the City are to be satisfied in escrow by the Owner(s) out of the proceeds of the sale. 4. 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. 5. Closing shall occur not later than 60 days after the date on which the last signature is affixed herein. 6. The City shall be entitled to possession immediately upon closing. Resolution 3281 Exhibit '1 1 OF2 7. The Owner hereby authorizes the City the fight to emer upon the real property described herein_prior to ererow closing this agreemere for the purposes of demolition preparation, inspection and to conduct preliminary studies and testing. The City, at its own cost and expenseS' shall have 60 days from the Owner's date of this agreement in which to fully conduct its inspection and study of the Property. City shall deliver written notice to Owner and Escrow Holder on or before the close of business on the last day of the inspection period that either.. A. ) the inspection has been accepted and offer is to proceed in closing, or B.) the offer has been terminated whereupon this agreement shall terminate and neither party shall have any further fights or obligations hereunder. Failug of City to provide such written notice shall be deemed an election by the City to terminate this agreement. 8. All proceeds from this transaction shall be payable to H. D. H. Partnership. DATED this ~ ~"'day ofk~~~' ,2000 CHARLES A~ BOOTH, MAYOR /~~~ORM: Michael J. Reynolds, City Attorney Resolution 3281 Exhibit 1 2 OF2 EXHIBIT 'A' IDENTIFICATION There are two subject properties under one ownership. These properties are located along the north side of 42"a Stree.t NW, immediately east of 'B' street NW, Auburn. The subject acquisition area consists of THE SOUTH 30.00 FEET OF LOT 1 AND THE SOUTH 30.00 FEET OF LOT 2 OF CITY OF AUBURN SHORT PLAT NUMBER SP- 06-86 AS RECORDED UNDER KING COUNTY AUDITOR'S FILE NUIvlBER 8805240946, TOGETHER WITH THAT PORTION OF SAID LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00006'02" EAST ALONG THE WEST BOUNDARY OF SAID LOT 1, A DISTANCE OF 163.00 FEET TO THE POINT OF CURVE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 35.00 FEET, SAID POINT OF CURVE BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, 54.92 FEET TO THE POINT OF TANGENCY ON THE NORTH MARGIN OF SAID SOUTH 30.00 FEET OF LOT 1; THENCE SOUTH 89059'29" WEST ALONG SAID NORTH MARGIN, 34.94 FEET TO THE WEST BOUNDARY OF SAID LOT 1; THENCE NORTH 00°06'02" WEST ALONG SAID WEST BOUNDARY OF LOT 1, A DISTANCE OF 34.94 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 18,030.76 SQUARE FEET. The acquisition area is comprising the north half of the 42"d Street NW right of way. The subject properties (Lot 1 & Lot 2) share the address known as: Parcel A - 4220 'B ' Street NW Ostensible Owners Parcel A - Robert M & Brenda J Oliver, Known as Oliver Property LLC Legal Descriptions The subject acquisition area consists of THE SOUTH 30.00FEET OF LOT 1 AND THE SOUTH 30.00 FEET OF LOT 2 OF CITY OF AUBURN SHORT PLAT NUMBER SP- 06-86 AS RECORDED UNDER KING COUNTY AUDITOR' S FILE NUMBER 8805240946, TOGETHER WITH THAT PORTION OF SAID LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH00°06'02'' EAST ALONG THE WEST BOUNDARY OF SAID LOT 1, A DISTANCE OF 163.00 FEET TO THE POINT OF CURVE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 35.00 FEET, SAID POINT OF CURVE BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY RESOLUTION 3281 Exhibit A Page 1 ALONG THE ARC OF SAID CURVE, 54.92 FEET TO THE POINT OF TANGENCY ON THE NORTH MARGIN OF SAID SOUTH 30.00 FEET OF LOT 1; THENCE SOUTH 89°59'29'' WEST ALONG SAID NORTH MARGIN, 34.94 FEET TO THE WEST BOUNDARY OF SAID LOT 1; THENCE NORTH 00006'02" WEST ALONG SAID WEST BOUNDARY OF LOT 1, A DISTANCE OF 34.94 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 18,030.76 SQUARE FEET. Tax Account Numbers Parcel A - 936000-0090 RESOLUTION 3281 Exhibit A Page 2