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.
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Disk = STUCK RIVER ROAD, SRRDTAKE.DOC