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Home My WebLink About3380 ,o.0 CITY OF AUBURN, 3146 AND THE AUTHORIZATION THEREFORE AND APPROVING THIS RESOLUTION NO. 3380 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AUBURN (CITY), AND LA PIANTA LLC, (OWNER(S)), IN SUPPORT OF THE WHITE RIVER TRAIL PROJECT; PROJECT #09047. WHEREAS, THE City of Auburn has constructed the White River Trail which parallels the Stuck River Drive in vicinity of the property to the south owned by La Pianta LLC; and WHEREAS, there was a need 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 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 a gateway to the urban portion of the City; and WHEREAS, Owner(s), 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; and A RESOLUTION OF THE CITY COUNCIL OF THE WASHINGTON, REPEALING RESOLUTION NO. Resolution No. 3380 July 26, 2001 Page 1 WHEREAS, City Council adopted Resolution No. 3145 on December 20, 1999, authorizing the Mayor and City Clerk to complete negotiations and sign a Purchase and Sale Agreement for said property; and WHEREAS, negotiations took longer than anticipated and the Purchase and Sale Agreement was never executed by Owner(s); and WHEREAS, negotiations are now complete and have resulted in revisions to the Purchase and Sale Agreement. 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 execute the revised Purchase and Sale Agreement between the City of Auburn and La Pianta LLC, 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 20t-h:lay of August, 2001. Resolution No. 3145 07/26/01 Page 2 CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3380 July 26, 2001 Page 3 PURCHASE AND SALE AGREEMENT In the matter of the WHITE RIVER TRAIL EXTENSION PROJECT, Project Number C9047, Contract Number 99-2. THIS AGREEMENT is made and entered into by and between the City of Auburn, a mu- nicipal corporation of the State of Washington, hereinafter referred to as the "City", and the un- dersigned owner, LA PIANTA LLC, a Washington Limited Liability Company, hereinafter re- ferred to as the "Owner(s)": WITNESSETH WHEREAS, the City affirms and the Owner(s) agree(s) that the Owner's(s') real property described herein is required by the City for construction 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 to the City the real property described on Attachment "A" (the "Property"), being that portion of the 'R' Street Stuck River Drive parcel, including Stuck River Drive, not presently owned by the City. The Property shall be conveyed by good and sufficient Quit Claim Deed (Attachment "B"). The City has received and acknowl- edges Transnation Title Insurance Company Commitment No. 869112 showing the state of title to the Property, (Attachment "C"). b. Recognize the City's Stuck River Drive right-of-way as advertised under Project Number C9047 and as amended by Addendum #1, Alternate #1, and allow the City to relocate the existing fence as shown. Reference: Alternate #1 Drawings C-2A and C-3A dated 11/23/1999. c. At such time in future when the Owner(s) applies for a Facility Extension Agreement ("FAC") for the purpose of extending and/or connecting any of the facilities as noted in this agreement, paragraph (2.e.), the Owner(s) shall acquire and dedicate sufficient right-of-way or non-exclusive easements for the extension of the force main from the existing manhole located on the Property to either Auburn manhole #1210-09 or Auburn manhole #1211-26, located in the south end of Pike Street SE and in the south end of 'R' Street SE respectively, (Attachment "D"). The Owner(s) shall provide the City with mylar record drawings of the existing sewer facilities installed by the Owner(s) along Stuck River Drive, together with a Bill of Sale for said facilities. These items shall be completed prior to signing this agreement Page 1 of 4 with the City. The City shall accept title to and shall maintain the facilities as a part of the City's public sanitary sewer system. In consideration of dedication of the Property, the City shall: a. Realign a portion of the Stuck River Drive and the fence as necessary for the project, as advertised trader Project Number C9047 and as amended by Addendum #1, Alter- nate #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, Alter- nate #1. Reference: Alternate #1 Drawing C-10 dated 11/23/1999. c. On the Property, 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 (that is, will accept, process and act favorably on) a petition as submitted by Owner(s) to vacate the unused portion of the right-of-way South of the relocated fence on Stuck River Drive described above. e. The City hereby consents to, and shall, upon request by the Owner(s) made at any time and from time to time, allow connection to the City's public sanitary sewer sys- tem of the following domestic wastewater flows that exist at the time of execution of this agreement: (1) the domestic waste water flows generated by the offices, shops, and residences, associated with the mining operations located on the southeast comer of SE Stuck River Drive and Kersey Way; and (2) the domestic wastewater flows from the residences, horse barn, and associated caretaker residences located at 3210, 3410, and 3420 SE Stuck River Drive. f. At such time in the future when the Owner(s) applies for an FAC for the purpose of extending and/or connecting any of the facilities described in this agreement with the City's public sanitary sewer system, the City shall provide the necessary non-exclusive easement from the existing manhole in the vicinity of Stuck River Drive and Kersey Way to the right-of-way as required to support the development of the extension, in- cluding, but not limited to, development of a temporary pump station and force main. The City shall support the Owner's(s') effort, under the FAC process, to extend public sewer service across the White River and to either Auburn manhole #1210-09 or Auburn manhole #1211-26, located in the south end of Pike Street SE and in the south end of 'R' Street SE respectively, and to permit the discharge of domestic wastewater from sources as documented in paragraph (2.e.). Any additional discharges to the City's public sanitary sewer system, including industrial wastes from the Owner's mining op- erations, will be permitted only after a downstream analysis shows the existing public Page 2 of 4 sewer system is capable of handling specified industrial flows. Per the future FAC, the Owner(s) shall pay all applicable system development charges at time of connection with the public sanitary sewer system. The expense for construction of a temporary pump station shall be in addition to pro rata future participation of the planned gravity system to serve this region. The City agrees that the temporary pump station shall be constructed, owned, and managed by the Owner(s) until such time when the City de- termines that the pumping facilities 'shall be dedicated to the City for upgrade, opera- tion, maintenance, or removal. The temporary force main shall be owned and operated by the City. g. The City agrees to support the Owner(s) in obtaining a payback agreement through the City for the extension of sanitary sewer facilities. The payback agreement shall be defined and implemented per Auburn City Code 13.40.015 and 13.40.060. The City will pay normal costs of closing the transfer of the Property to the City, such as escrow services, title insurance 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). The attachments described below are incorporated into and made a part of this Agreement by this reference. Dated this ~'~[' dayof ~j~ ,2001. Owner (s) La Pianta LLC. a Washington limited liability company By Metro Land Development, Inc. a Washington corporation, Its Manager M. A. Segale, Pr~ident City of Auburn By: Charles A. Booth, Mayor Page 3 of 4 Attachments: Attachment "A": Attachment "B": Attachment "C": Attachment "D": Legal Description of Property Quit Claim Deed with Exhibits A and B Transnation Title Insurance Company Commitment No. 869112 Map of Sewer near Stuck River Drive Referenced Drawings: Drawing C-2A, Stuck River Drive Road Realignment, approved for construction Drawing C-3A, Drawing C-9A, Drawing C- 10, Drawing LS-2A, Drawing LS3A, 11/23/1999 Stuck River Drive Road Realignment, approved for construction 11/23/1999 Stuck River Drive Typical Section, approved for construction 11/23/1999 Stuck River Drive Left Turn Lane, approved for construction 11/23/1999 Landscaping Planting Plan Sta. 0+20 to Sta. 0+40 Landscaping Planting Plan Sta. 0+40 to Sta. 0+FO/bd FO/bd File: 16 (C9047) File: 3 (3.2) REF. H:~PROJ\C9047-24\E01-406 Page 4 of 4