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HomeMy WebLinkAbout3396RESOLUTION NO. 3 3 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO RESOLUTION NO. 3380 WHICH AUTHORIZED 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 #C9047, BY SUBSTITUTING THE ORIGINAL ATTACHMENT "A" TO THE PURCHASE AND SALES AGREEMENT AND THE ORIGINAL EXHIBIT "A" TO THE QUIT CLAIM DEED WITH A REVISED ATTACHMENT "A" AND EXHIBIT "A" REFLECTING THE CORRECT LEGAL DESCRIPTION OF THE PROPERTY BEING TRANSFERRED TO THE CITY. WHEREAS, Auburn City Council adopted Resolution No. 3145 on December 20, 1999, authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City and La Pianta LLC in support of the White River Trail Project C9047; and WHEREAS, Auburn City Council adopted Resolution No. 3380 on August 20, 2001, repealing Resolution No. 3145 and the authorization therefore and approving the Mayor and City Clerk to execute a revised Purchase and Sale Agreement; and WHEREAS, after the Mayor signed the Purchase and Sale Agreement, it was discovered the legal description, which is Attachment "A" to the Purchase and Sale Agreement, and Exhibit "A" to the Quit Claim Deed, did not accurately reflect the location of the fence line on the property; and Resolution;No. 3396 October 16, 2001 Page 1 WHEREAS, the legal description has been revised to accurately reflect the location of the fence; and WHEREAS, a representative of La Pianta LLC, has reviewed and agreed with the revised legal description and has initialed the revised Attachment "A" and Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. PURPOSE. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute an amendment to Resolution No. 3380 by substituting the original Attachment "A" to the Purchase and Sale Agreement with the revised, corrected, and initialed Attachment "A", a copy of which is attached hereto and denominated Attachment "A" and incorporated herein by reference, and by substituting the original Exhibit "A" to the Quit Claim Deed with the revised, corrected, and initialed Exhibit "A", a copy of 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. Resolution No. 3396 October 16, 2001 Page 2 DATED and SIGNED this 5th day of November ,2001. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3396 October 16, 2001 Page 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; ,~,~ORTH 59 3d ~,7 EAST, 72.8! FEET NORTH 59-56-2¢'/~ EAST, 41.55 FEET; ,~,~ORTH 58 29 5'!, EAST, '!..!7 FEET NORTH 65-32-5~/ EAST, 34.47 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. CO~,T^,~,,~,~_ 3o74o ~n, ,^o~- ===T, (n 7~ ^r,~=~ -0o'- ~D LESS Disk - D"~'I's ,-~, ,I QODI'%T^I/E 1%/%0 ~//~'/ Disk = STUCK RIVER ROAD, SRRDTAKE.DOC