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HomeMy WebLinkAbout3542 RESOLUTION NO.3 5 4 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A PURCHASE AND SALES AGREEMENT BETWEEN THE CITY AND TERRACE VIEW PROPERTIES FOR PROPERTY LOCATED IN THE VICINITY OF THE NORTH ACCESS RAMP OF THE LAKE TAPPS PARKWAY FOR CITY OF AUBURN WATER UTILITY PURPOSES. WHEREAS, the City of Auburn has been provided the statutory authority pursuant to RCW 35A.11.01 0 and RCW 35A.11.020; and WHEREAS, the City of Auburn has the duty to provide basic services, including water that affect the health and safety and welfare of the citizens of Auburn; and WHEREAS, the City of Auburn Water Utility wishes to construct a booster pump station to increase the amount of water available to the Lakeland Hills area and therefore its reliability; and WHEREAS, the West Lakeland Hills Booster Station Site with appurtenances purchase by the City of Auburn is in the best interest of the citizens of Auburn; and WHEREAS, the owner has accepted the City's offer and is willing to sell said property and provide the necessary easements and appurtenances for the amount of $76,800.00. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Purchase and Sales Agreement with Terrace View Resolution No. 3542 10/23/02 Page 1 Properties, and to accept the appurtenances necessary to distribute the water thereto and therefrom. A copy of said Purchase and Sales Agreement, list of appurtenances, and easements are attached hereto as Exhibit "1" and incorporated herein by reference. Section 2. 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 4'f11. day of'--J(iT'~0 ,2002. ~ " ---- ATTEST: ! fl. 1,'\ : ~I dl / ; . [I . 1'- 1/>1../ .~llc " ..f. '~/'<...--- Da ielle E. Daskam City Clerk Da iel B. Heid City Attorney H:\StaffFiles\INGRID\C0020, LHW Pump Station\Res-PurchaseProperty.doc Resolution No. 3542 10/23/02 Page 2 PUBLIC WORKS ENGINEERING ADMINISTRATIVE SETTLEMENT OFFER SUMMARY DATE: October 28, 2002 PROJECT NUMBERlNAME:C0020. West Lakeland Hills Booster Pumo Station FEDERAL AID NUMBER: N/A OWNER(S) NAME: Terrace View Prooerties. Jon Cheetham Contact PROPERTY LOCATION: Northeast of the North Access Ramo/East Valley Hiwv intersection PARCEL NUMBER: Pierce County #052006-2044 Aooraisallnformation: Appraiser: Greer, Patterson & Associates, Inc. (April 19, 2001) Area Before: 263,320 SF Acquisition Area Fee: 6,358 SF Area After: Easement Area: 256,962 SF o SF Approved Determination of Value: $22.253.00 Current Use: Undeveloped Zoning: TV - Terrace View Highest and Best Use: Commercial Retail Development Revised Acquisition Area Fee: Revised Easement areas: Waterline Easements: Ingress and Egress Easement: 3,000 SF 5,032.60 SF 4,166 SF Proposed Administrative Settlement Proposed Settlement - Appurtenances Waterline upsize in NAR = $8,960.00 Waterline Upsize in N. Comm. Lot = $5,690.00 Parallel distribution line for upper terrace = $29,420.00 Extra Engineering Costs to developer = $2,730.00 $30.000.00 $46.800.00 Reasons for owners refusal of City's offer . Owner, based upon an appraisal by a licensed appraiser, does not agree with the City's square foot value of the property. Owner's determination of value is $42,480.00 or $14.16/SF. . Since the City's appraisal was completed the owner has done additional improvements to the proposed site, which includes the filling of and piping for the drainage ditch and the excavation of the hillside. These improvements has brought the site reasonably to grade. C0020, West Lakeland Hills Booster Pump Station Administrative Settlement Offer Summary 1 . The Owner feels that the Station Site is developable land and intends to develop it if the City does not purchase the property. Therefore the site is worth the same amount as their identified commercial lots. Justification for Settlement . Initial Offer was for the purchase of 6,358 SF at $22,253. Upon further design of the station, it has been determined that only 3,000 SF is required. . There is a portion of existing Right-of-Way that is large enough to accommodate the new pump station facilities. However, as identified in the attached estimates, the additional cost to develop the ROW location would be equivalent to the purchase of the Terrace View site. . The Right-of-Way location is less desirable as it is on a curve and there is a potential for sight distance problems for accessing the site once the area is fully developed. . The City and Terrace View had signed a Letter of Understanding concerning Terrace Views oversizing of the waterline in the North Access Ramp (NAR) to a 16" line in exchange for the City's construction of the missing link between the NAR and the 12" waterline coming from the Lakeland Hills development through the Terrace View Pump Station Site. Given the timing of the City's construction, the oversizing of all the lines to and from the pump station site has been included in the purchase and sale agreement so that either party can move their project forward without waiting on the other party. Relocation of the pump station to the existing ROW would require more construction of waterlines by Terrace View to complete their requirements for the northern commercial lot. . The Terrace View site requires permanent ingress and egress through the Terrace View property. Without this the site would become land locked. The owner has agreed to provide this along with the property for the proposed settlement price of $30,000.00. . Because of the existing ROW site a condemnation proceeding would not be applicable to the Terrace View Site. Owner has indicated willingness to accept this settlement offer. rgJVes DNo Reco~mended by: Approved by: Peter B. Lewis, Mayor C0020, West Lakeland Hills Booster Pump Station Administrative Settlement Offer Summary 2 PURCHASE AND SALE AGREEMENT In the matter of the West Lakeland Hills Water Booster Pump Station Project, C0020, Parcel No. 0520062044. THIS AGREEMENT is made and entered into by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the "City", and Terrace View Properties, LLC 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 a Water Booster Pump Station associated with the project described above. AND WHEREAS, the City has made a firm and continuing offer to pay the amount of Seventy Six Thousand Eight Hundred Dollars ($76,800.00), for the purchase of the following described real property in Auburn, Pierce County, Washington: See "EXHIBIT A" and "EXHIBIT B", attached hereto and by this reference made a part hereof. Together with the following appurtenances and easements; 1. Permanent Ingress and Egress rights to the pump station site as described in "ATTACHMENT AU. 2. Waterline easements as described in "ATTACHMENT B" and "ATTACHMENT C". 3. Water line appurtenances described in "ATTACHMENT D". 4. Water line appurtenances described in "ATTACHMENT E". 5. Water line appurtenances described in "ATTACHMENT P. Attached hereto which attachments and exhibits are incorporated herein by this reference as though fully set forth. NOW THEREFORE, in consideration of the mutual covenants set forth herein, it is understood and agreed that Purchase and Sale Agreement with attachments 'A' through 'P' October 15, 2002 Page 1 of 21 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 check in the amount of $76,800 as stated above, which will be deposited with Chicago Title Company of Washington, 2601 South 35th, Suite 100, Tacoma, WA 98409. 3. The amount of Thirty eight Thousand Nine Hundred Sixty ($38,960.00) will be release to the Owner upon closing for the purchase of the property, easements and appurtenances as described in EXHIBITS "A" and "B" and ATTACHMENTS "A", "8", "e", and "0", 4. The amount of Two Thousand Seven Hundred Thirty ($2,730.00) will be released to the Owner upon closing for the work completed by Pacific Engineering Design for preparation of Exhibit Documents and the design cost for the waterline appurtenances described in ATTACHMENT "P'. 5. The amount of Thirty Five Thousand One Hundred Ten ($35,110.00) for facilities to be completed by the owner as detailed in ATTACHMENTS "E" and "P' will be held in escrow until the City accepts said facilities. Should the City wish to complete the facilities described in ATTACHMENTS "E" and/or "F" prior to the Owners completion of said facilities, the corresponding dollars will be released to the City. 6. The Letter of Understanding, dated February 28, 2001, between the Owner and the City is rescinded. 7. The Owner agrees to hold the City harmless for any and all costs beyond those identified in this Agreement in Appendix 'D', 'E' and 'F' for construction of the water system serving the Terrace View Development including the timing of the City's construction of the West Lakeland Hills Water Booster Pump Station (Project #C0020) and the East Valley Highway Supply Pipeline (Project #COO03). This Agreement, including this Paragraph 7, shall not modify, revise or otherwise alter in any respect the City's obligation to provide water to the Terrace View Development, including the multi-family and commercial portions of the Development in accordance with the terms of the Petition for Annexation, Annexation Agreement and Declaration of Covenant recorded under Pierce County Auditor's File No. 200004280030. 8. 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. Purchase and Sale Agreement with attachments 'A' through 'F' October 15, 2002 Page 2 of 21 9. Closing shall occur not later than 90 days after the date on which the last signature is affixed herein. 10. The City will pay the following costs at closing: escrow services, title reports, recording fees and excise tax (if any). Any outstanding liens, assessments, taxation encumbrances that may have to be removed to provide clear title to the City are to be satisfied in escrow by the Owner(s) out of the proceeds of the sale. 11. The City shall be entitled to possession immediately upon closing. DATED this t.j.'IJ day ofS1~ ,20 OL CITY OF AUBURN By \~ ~, PETER B. LEWIS, MAYOR ~~(J1~~ nielle E. Daskam, City Clerk Daniel B. Heid, City Attorne OWNER(s): TERRA~ By: Authorized l')atui46 / Title: III~Vi~1 't'BfKr I . PERTIES LIMITED LIABILITY COMPANY (~"1IiliA!-, , ,r>~. ~'Wi.~~ "):,,1 ~ \ "'-,' ,'~ ''V.:~'J " ,'" ~iC' ')',' ~. ~~i;' ~. ,.? ~:' , '. (';>J' ,.$>.. i , : ~ ~- ' ~~,~ : .. .".: .~ t.llfo.l':"~ \- j,itJ \ .- U ".',_ ~l" l' ~, -:.. "cl.t, .....UO,." <.....,...1' '. '11lAW>P ,,' ...... ...../J i" i ' Purchase and Sale Agreement with attachments 'A' through 'F' October 15,2002 Page 3 of21 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated /f...::!.i:, - ~ ;;L _--- 'PorI-! '\\\ - "'.' 1:/ t, - <' .......... ~< '. ;'... ..'otl EXp/,,;,., I, , , '0" 'T~ . " f tJ: :'0 .< ~'?;-{ <l> ". ~ :~:~ o'./' :91. I:a:::e~.r.{.; : ~ ;''''':0 _fb"-' ": / I \"" '. 0 '(V' O:if j #. ~. "" f( ...... 1 0 ...~~._.~ ;;' \ s ...... ~l......: \\ r41E cf. .;:"' \",'''''..............--- .-f~ ?f. ~ Print Name 11fn1/1Yl'r If. 8orhd/ Notary Public in and for thlState 01 Washington, residing at ~ tJiJ. My appointment expires /" 9 -0 '=3 STATE OF WASHINGTON) )ss. County of King ) I cer:tify that I know or have satisfactory evidence that J lIr/ 7). CluefJItUl1 and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they weJj'l autl)orized to execute the instrument and acknowledged it as the !vf.M a" (:l "'VJ/ bL-R- and U of TERRACE VIEW PROPERTI LLC, a Limited Liability Company, to be the free and voluntary act of such parties for the uses and purposes mentjoned in this instrument. Dated 100-/ )0 2... Purchase and Sale Agreement with attachments 'A' through 'F' October 15, 2002 Page 4 uf21 EXHIBIT 'A' LEGAL DESCRIPTION WATER PUMP STATION A PORTION OF PARCEL 'Boo AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 'B'; THENCE N11000'59'E ALONG THE EAST LINE OF PARCEL "B" A DISTANCE OF 90.09 FEET; THENCE N78059'01 "W A DISTANCE OF 15.91 FEET TO THE TRUE POINT OFBEGINNING OF THIS WATER PUMP STATION DESCRIPTION. THENCE N75049'12"W A DISTANCE OF 40.00 FEET; THENCE N14027'00"E A DISTANCE OF 75.00 FEET; THENCE S75049'12"E A DISTANCE OF 40.00 FEET; THENCE S14027'00"W A DISTANCE OF 75.00 FEET TO THE TRUE POINT OF BEGINNING. Purchase and Sale Agreement with attachments 'A' throngh 'F October IS, 2002 Page 5 of 21 NY 1/4, SECTION 6, TOWNSHIP 20 NORTH, RANGE. 5 EAST, W.K E-< ~ lZl >- ~ =: t!J - =: ~ E-< ~ lZl . ... ;"':5~ ~GiQ) .,_N II I <s"'''' .ozj[60z"7 '~-1O "(. .... ~~P' ~~r~ '" ~~ f-. 01"- "'''' I I I I :J i ~ I co ~ o = an ~~ . ('I) -'0 W~ 00 Q:O c:(N 0.:5 J:D TERRACE VIEW DEVELOPMENT I'IlOLC'I NO.: 01_ ORAlIIl BY; 1lR ISSUE DAlE: 04-03-02 PAGE 01 OF 02 S88'57'32"E 565.4" - -- SCALE: 1 "=120' -- , , I ~ . I "' ~ i' ~ ~._ _if ~ ~~ 1 ~ &;~ Cf) ~ J" ~ I~_ ~ \ ,~~~ ~. ~ \ Yd" ~8 L ' C-----/ "' ~ .. ;" ..'" "''' NO "', :ci ....0 W.. ~O Cliil 11.:5 III ~ ..... ~ Z ~ 0 {:i;; l1. "iii C) -Z (3 Z w :::Ii :::Ii o o ",0'2.- WATER PUt.P STATION GacifiC Engineering Design. LLC CivilllagiM<<iDg, Surveying aodPIauoing~ 4,ea UNO A'oBIJ[ s.w. REN1OH. w... ;eoss """"" (425-) 251-1N11 rA'k (4~) ~t-MaO W(B SITE: PACENG.COU EXHIBIT "Bn , 0J ~, Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 1\11111111111111111111111I111111~1I1111111\111\11~llllll111111II111 200305211187 4 PGS 05-21-2003 02:47pm $22.00 PIERCE COUNTY, WASHINGTON Above this line reserved for reCording information. . . ' ACCESS EASEMENT ~ lV IO/IOOCf19!~ Lakeland H~;~~~~~~~ti~n Reference # (if applicable): N/A GrantorlBorrower: Terrace View Properties, LLC Proiect C0020 Additional on page: _ 2) Additional on page: _ GranteelAssignee/Beneficiary: City of Auburn Legal DescriptionlSTR: NW \4, 06-20-05E Assessor's Tax Parcel ID#: 0520062044 - PARCEL 'B' Additional on page: ~ For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Terrace View Properties, LLC, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns; a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of ingress and egress, said real property being described as follows: SEE EXHIBIT "A" & B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.' .N." If" -"';1#,""<',...< ",,~ t.., _0SJ!l'1"<-' This easement is given under the threat of and in lieu OfEmi~e~t.I!?,~o;~'I:":> "':. Said Grantee shall have the absolute right, at times as may ~ed~eil~:'~~fume~iate entry upon said Easement for the purpose of maintenance, inspection, ~~f~R' ,fe~ or reconstruction of the above improvements without incurring any legal WU~iiolr~ liability therefore. ':... "',j,.' ,,,,,.' ",':I, ,I' , :-;'#llN:t..""..: 1 , "~,I; Said Grantee shall have the absolute right to place any type of driviri'g surface within said Easement deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the Purchase and Sale Agreement with attachments 'A' through 'F' October 15,2002 Page 7 of 21 EXCISE TAX EXEMPT DATE l{. - ;).<1--03 Pierce County }}/ By << Auth, Sig " . above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above- described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHER~Jo~d corporation has caused this instrument to be executed by its proper officer(s) this ~ay of Oor; ,20~ ':'l . I" . Te- lew ,..ROP~I2.T'6S L,-,-- Authorized Signature ST ATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that 0 <:l'>'1 'b. c I-? e e... tn a m and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute, the instrument and acknowledged it as the 1J1~ ~ II~ rn P../n M R and - ofTERRACE VIEW RO RTIES LLC" a Dmited Liability Company, to be the free and voluntary act of such parties for the uses and purposes mentioned i~iS instrument. DM" 10, tI D "- ~ """"" ~ _-'-~IE.( "," -- 0 ,...,,,,,,, I ~ /. . . ~ - .......... "1 0 " [ ~1\ \ ~C ff1!-te.( c cJi roqJ, ~ 'A ~ ~:\(; E Nptary Public in and for the~tate of Washington ~ 1'! \~ j ~iding at 10'::1; aU ~ \~o;./I""~"""",,, .:JrJIyappoinimen expires 0 / 3/ /0 3 't "''' " \, ........ \\\\\",....... Purchase and Sale Agreement with attachments 'A' through 'F' October 15, +002 .f.age 8 opl j ~ ".., ,\] , .iQ~"i , , J . ~ "~'" EXHIBIT 'A' LEGAL DESCRIPTION 20' WIDE ACCESS EASEMENT A PORTION OF PARCEL "B" AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "B"; THENCE N77057'35"W ALONG THE SOUTH LINE OF PARCEL "B" A DISTANCE OF 91.13 FEET; THENCE S07038'35"E A DISTANCE OF 37.46 FEET TO A POINT ON A CURVE ON THE SOUTH PROPERTY LINE OF SAID PARCEL "B"; THENCE ALONG SAID CURVE TO THE LEFT THROUGH THE CENTRAL ANGLE OF 05051 '11 "WITH A RADIUS OF 459.50 FEET A DISTANCE OF 46.94 FEET TO THE TRUE POINT OF BEGINNING OF THIS 20' WIDE ACCESS EASEMENT; THENCE CONTINUING ALONG SAID CURVE HAVING A RADIUS OF 459.50 FEET THROUGH THE CENTRAL ANGLE OF 02031 '33" A DISTANCE OF 20.26 FEET; THENCE N39047'57"E A DISTANCE OF 34.93 FEET; THENCE N59019'22"E A DISTANCE OF 62.57 FEET; THENCE N14027'00"E A DISTANCE OF 104.38 FEET; THENCE S75033'00"E A DISTANCE OF 20.00 FEET; THENCE S14027'OO"W A DISTANCE OF 112.64 FEET; THENCE S59019'22"W A DISTANCE OF 67.38 FEET; THENCE S39047'57"W A DISTANCE OF 28.28 FEET TO THE TRUE POINT OF BEGINNING. Purchase and Sale Agxeement with attachments 'A' through 'F' October 15, 2002 Page 9 of21 , ~ " , , . ~ NY 1/4, SECTION 6, TOWNSHIP 20 NORTH, RANGE. 5 EAST, W.K TERRACE VIEW DEVELOPMENT PRO.ECT NO.< 01 006 OllAWN BY: 1lR ISSUE DA'lE: 04-03-02 PAGE 01 OF 02 Eo-< ~ r.:1 >- ~ :I:: C - :I:: >- ~ <( > Eo-< ~ I I I I i ~ I 588"57'32"( 565.41' - -- SCALE: 1 "=120' -- co - o = It) me>> - N - ('I) -10 w_ Oo ~o <eN 0.:3 m I I I w $ rig '" , "'0 "'N ... ~I iil~ u:!> i~ lD , ... Sl",~ oiNt'>> ~~c: I, < "'...oU >- z <5 a. C> z o z w ::::! ::::! o <..> \ ACCESS EASEMENT GacifiC Engineering Design. LLC Civil Engineering, SurvoyiDs andPIanoing~ 4'80 UNO AVENUE s.w. RENTON. WA 98055 PHONE: (42&-) 251-8811 ..,. (4~) ,z,1-8880 WEB SIlt: PACENG.COM EXHIBIT "B" t3) , 1111"111111 I~" 11111 ~I III~ ~IIIIII~ '"lllllf 1111' 1111' "" III' 200305211188 4 PGS 05-21-2003 02:47pm $22,00 PIERCE COUNTY. WASHINGTON , Return Address: City of Auburn City Clerk 25 West Main Auburn, W A 98001 Above this line reserved for recording information. I"ID /t\Wlf)::<,O/_, WATERMAINEASEMENT \fk7. '^j' ,/ uu n v6I{ ATTACHMENT B K~L- :I West Lakeland Hills Booster Pum Station - Pro'ect C0020 Reference # (if applicable): N/A Additional on page: _ GrantorlBorrower: Terrace View Properties, LLC 2) Additional on page: _ GranteelAssigneelBeneliciary: City of Auburn Legal DescriptionlSTR: NW \4 ,06-20-05E Assessor's Tax Parcel ID#: 05200622044 - PARCEL 'B' Additional on page: !:1- For and in consideration of the sum often dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Terrace View Properties, LLC, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of laying, maintaining, and installing a 16" and 12" water mains AND APPURTENANCES THEREOF, said real property being described as follows: ' SEE EXHillIT "A" & "S", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ,i'f""'f//, , ' I', ~ 31>>.v. ' -", This easement is given under the threat of and in lieu 'of Emti1QDt'P~~,~-c:,_ '. ,,,7) :':./) , ,"'$ 0 '0;;. .~ Said Grantee shall have the absolute right, at times as ma~bi~,': ~#O,' ~,lmm" ,~diate entry upon said Easement for the purpose of maintenance, inspec~ion: e't:lIlsfl~s't~n.'rf~r or reconstruction of the above improvements without incurring:any legaUblrgatiQllbr liability therefore 'i" . ,..,..' . .{l . l '0- .' ~~'~ , Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Purchase and Sale Agreement with attachments 'A' through 'P' October 15,2002 Page 11 of 21 f}/ EXCISETAX EXEMPT DATE ~.97N).3 Pierce County By 4- Auth. Sig L . j . NW 1/4. SECTION 6, TOWNSHIP 20 NORTH, RANGE. 5 EAST, W.M. SCALE: 1"=120' 588"57'32"[ 565.41' - - CQ I I "I'"" I I 0 I - an . l- I a]C>> z -N l&J -(II) ~ E-o ...10 ~ W"I'"" ..: ... l&J r..:r I (,)0 I- 1; It: ... 0::0 ai ~ ... >- c(N ; }!g ~ :reg ~ ':J .. . . ~ ....0 ..... i D. ::s ..'" l&J w" :z: l&J Cl u'" 5a It: ~ ~~ a:1 I!! in ... lL.:5 :z: . ... ~ .. III ~ '" >- .... I- 1"" z r..:r ~I ~~ ~ ...- ~ 0 ~ ~ 1;j! . a.. zlll ~ (.!) I ~!~ z . l" ~16 a.. U E-o .... "-I- Z l&J ~ . 00 :::; ~lt)C"f ~ r..:r <.J /~ '" . :" ~ ijl P .., 28'" CD "'- 0 o .,;:l!~ ..,'" m .~ I!: - It) '10 f..": ~o'" h!!~ 0.... .'" . CIl.., o::.!.c5 .,q. Dl; 0 2.. \ TERRACE VIEW DEVELOPMENT PRO..€CT NO.: 01008 ORA.... BY: TLR ISSUE OA 1[: 04-03-02 PAGE 01 OF 02 WATER EASEMENTS GacifiC Engineering Design, LLC Civil Engineering, Surveying and Planning Consultanls 4'80 UNO A\!ENUE s.w, RENTON. WA 98055 PHONE: {425-) 251-8811 fAX: (425) 251-4880 VltB SITE: PACENG..COM EXHIBIT "B" - ( . ;g N) ., I IIIIIIII~ "~I ""II~~ ""II~IIII"I ~"III"IIIIIIIIIII 1111 1111 200305211189 4 PGS 05-21-2003 02:47pm $22.00 PIERCE COUNTY, WASHINGTON ,"'. Return Address: City of Auburn City Clerk 25 West Main Auburn, W A 98001 Above this line-reserved for recording information. r 1'\ ,II,('(I//]:J(J , . W ATERMAIN EASEMENT \?n ~ 0/ ()J"'YI !iln ATTACHMENT C I-'({ V 11' \\i;st Lakeland Hills Booster Purn Station Pro'ect C0020 Reference # (if applicable): N/A Additional on page: _ GrantorlBorrower: Terrace View Properties, LLC 2) Additional on page: _ Grantee/AssigneeIBeneficiary: City of Auburn Legal DescriptionlSTR: NW Iii , 06-20-05E Assessor's Tax ParcellD#: 0520062705, 2024, & 2045- PARCEL 'A' Additional on page: A.. For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Terrace View Properties, LLC, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of laying, maintaining, and installing a 12" water mains AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBIT "A" & "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. >' I" 1//,,,,,.. '.. , I . . _~ . ~ . This easement is given under the threat of and in lieu of Eminen\,p~;,'.~'. ,.~i::\>, , ,..., ';., ..". "'- ~ "'(.,. "',vn~",,.~,'.~_'_; .,.~. ,\ '->:;.,.-, <'<-',':-': '," Said Grantee shall have the absolute right, at times as may be necesilji I'll. iilun&\iate entry upon said Easement for the purpose of maintenance, inspectiot~ conSi'ru ion;:'T~p!lir o~ reconstruction of the above improvements without incurring ariy~gal . . n 'or liability therefore. "" C;,,,, e~~.~t,~t .,,\~ ,'1) \'~ - 'i~"I,t_ ,-,4,."",0' ,;- ,-i," _,\ "~;?t ..', _ .. ,_ -1'.." ~ Said Grantee shall have the absolute right to place any type of drivinl%U'!f~2'~,:wltmn said Easement deemed necessary by the Grantee. Purchase and Sale Agreement with attachments 'At through 'F' October 15,2002 Page 15 of 21 EXCISE TAX EXEMPT DATE~-1li""03 Pierce County ~ Auth. Sig Bv .', . .. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block. restrict or impede full use of the real property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above- described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHERE~ said corporation has caused this instrument to be executed by its proper officer(s) this day of OC--r ,20PZ -rEf.JtM'~ I~>N 1>roj>e. 1"1~..s r e...- />;, Authorized Signature ST ATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that;J"l:rn 1). Ch e.e.thO-Vh and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ~Cl~ M.e.YYl b, .e..se.. and - ofTERRACE VIEW R ERTIES LLC, a Limited Liability Company, to be the free and voluntary act of such parties for the uses and purposes mentioned in this jnstrument. Dated {O f2-1 02- ,'''''III ~ ~ " J ,,^ " _....... . "'f'0 1" /I~''''''''t{:;,~-s,'\ ' f2-.1 t KJzo6 tf , ~:~~ "-\ I : if ~~,.~ ~Notary Public in and f~r the State of Washington ~ \ A':', f:! J Eresiding at mf' up ", ~\'" ~l~~",.':: jMyappointr!ent xpires /4) /31 .fp,3 "-~A 1,,\\\\\\, ...- " "If_ - 1,\ ....Wt' .,~~ \\\",...,,,, . Purchase and Sale Agreement with attachments 'A' through 'P' October 15, 2002 Page 16 of 21 1 .' Co . . ~. EXHIBIT 'A' LEGAL DESCRIPTION WATERLINE EASEMENT A PORTION OF PARCEL "A" AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE WEST LINE OF SAID PARCEL "A"; (SAID POINT BEING THE SOUTHEAST CORNER OF PARCEL "B" OF ABOVE MENTIONED BLA #200103295016); THENCE N11000'59"E ALONG THE WESTERLY LINE OF PARCEL" A" A DISTANCE OF 107.28 FEET TO THE TRUE POINT OF BEGINNING OF THIS 15' WIDE WATER EASEMENT; THENCE ALONG THIS LINE N11000'59"E A DISTANCE OF 15.04 FEET TO A POINT; THENCE CONTINUING S74039'26"E A DISTANCE OF 47.34 FEET; THENCE S15020'31"W A DISTANCE OF 15.00 FEET; THENCE N74039'26"W A DISTANCE OF 46.21 FEET TO A POINT ON THE WEST LINE OF PARCEL "A" AND TRUE POINT OF BEGINNING. Purchase and Sale Agreement with attachment. 'A' through 'F October 15, 2002 Page 17 of21 .' .".. " NW 1/4. SECTION 6, TOWNSHIP 20 NORTH, RANGE. 5 EAST, W.K SCALE: 1 "=120' / / CD I CD - E-< . l8 ... ~ ~~ . 0 li:1 <c It) w_ CD ~ ~~ / ....= ('II i5 ..J c-) "'::5 / ~WO =t: aI .... Z II> CJ ... sa a 0/ ~a::g =t: Q. or> C) 12 "'c:c ('II ~ Z In ~ ~ i4.:5 u 0 z I!: '" . l&I ~/ ~~ :::l! l&I ~m ~ :::l! 0 - ...... ~ 0 (;;/ ... . u p; E-< ~~ ~ -011 "'- li:1 --- ;;; ~ --- ~7'~ ____ 'R'I}! 4~4P,"- --- ~~~ ~,w'\... '" ... r> ~. ~Co <"'- ~~ .... ... ~r--: ~~\.,... Cl}r") .~'&. \ ~1>" \ .'" 8 .. ..; on ... . .. o ... \ \ TERRACE VIEW DEVELOPMENT PRO.a:T NO.> 01008 DRAWN IIYt 1lR ISSUE DAlE: 04-03--02 PAGE 01 OF 02 WAlEA EASEMENT GacifiC Engineering Design. LLC Ci'ri1 EDgineeriDs, SlD'Veying lUIdPIanningCo~ 41eD UJI) A\ENUE s.w. R[MlON,. WA N055 t~ 25'-8811 (42$ ~'-R80 "'" SlID PACENG.COIl EXHIBIT "B" .' ATTACHMENT "D" Additional costs for the Oversize of the required 12" waterline to a 16" waterline in the North Access Ramp. (Station 10+00 to Station 12+65 including the 50 ft. stub to the south property line of the north commercial pad.) Oversized Item of Work 315LF of 16" Waterline Class 52 Ductile Iron Pipe Replacement of 12" Waterline Class 52 Ductile Iron Pipe Cost to Oversize $ 5,040.00 One 16"x16"x16" Ductile Iron Tee $ (70.00) Replacement for 16"x16"x12' Ductile Iron Tee One 16"x16"x16" Ductile Iron Tee $ 2,070.00 Replacement for 12"x12"x12" Ductile Iron tee 2 - 16" Ductile Iron Butterfly Valves $ 1,920.00 Replacement for 12" Ductile Iron Gate Valve TOTAL $ 8,960.00 This work consists of replacement of the 12" DI Pipe with 16" pipe, the tee at the EVH/NAR intersection, the tee at the entrance to the North commercial site from the NAR, including reducing spool, and the valves at the EVH/NAR intersection and at the entrance to the North commercial site at the NAR. Purchase and Sale Agreement with attachments 'A' through 'f' October 15. 2002 Page 19 of21 . '. ATTACHMENT "E" Additional costs for the Oversize of the required 12" waterline to a 16" waterline from the property line of the North Commercial Pad at NAR Station 12+65 to 200 lineal feet north and east to the City's Pump Station Site. Oversized Item of Work 200LF of 16" Waterline Class 52 Ductile Iron Pipe Replacement of 12" Waterline Class 52 Ductile Iron Pipe TOTAL Cost to Oversize $ 5,690.00 $ 5,690.00 Purchase and Sale Agreement with attachments 'A' through 'F October 8, 2002 Page 20 of 21 ATTACHMENT "F" Additional costs for the parallel distribution line on the upper terrace. (Station 4+45 to Station 11+93) Oversized Item of Work 748LF of 12" Waterline Class 52 Ductile Iron Pipe 2 - 12" Gate Valves 2 - 12" Tees TOTAL Cost to Oversize $ 26,180.00 $ 2,540.00 $ 700.00 $ 29,420.00 Purchase and Sale Agreement with attachments 'A' through 'F' October 8, 2002 Page 21 of21 '\ y (!!) WHEN RECORDED RETURN TO, WALTER J, WOJCIK, ASST, DEV. CITY OF AUBURN 25 W, MAIN AUBURN, WASHINGTON 98001-4998 IIII~IIIIIIIIIIIIIIIIII~~ ~IIIIII~ ~1I1111111111111~11I1I1111 200305211190 4 PGS 05-21-2003 02:47pm $22,00 PIERCE COUNTY. WASHINGTON @ CHICAGO TITLE INSURANCE COMPANY DOCUMENT TITLE(s) 1 STATUTORY WARRANTY DEED Order Number: 004268573 ~ 'fuJOICOf1~~ REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: Cl Additional reference numbers on page_ of document GRANTOR(S) : 1 TERRACE VIEW PROPERTIES LIMITED 2 LIABILITY COMPANY 3 Cl Additional names on page GRANTEE(s): 1 CITY OF AUBURN 2 3 of document Cl Additional names on page _ of document ABBREVIATED Lot-Unit: B Section: LEGAL DESCRIPTION, Block: Volume: Township: Range: Page: Portion: Plat Name: lID BOUNDARY LINE ADJUSTMENT #200103295016 Complete legal description is on page ~ of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): 0520062044 Additional Tax Accounts are on page _ of document Note: This cover sheet is prepared to conform to the requirements of Chapter 143, Laws of 1 gOO. Nothing on this sheet alters the names, legal description or other information in the attached document. The only purpose of this cover sheet is to assist the auditor in indexing the documenl in conformance with statute. The Recorder will rely on the information provided on this form, The staff will not read the document to verify the accuracv or comnletene"" of the indexing information provided herein, COVER2/RDA/Q999 ~l~J~~~~JIIIW~ I11I111111I111 ? )' 0 5.21.2003 0~:23pm EORURY I EXCISE CO""ECTED:$O,OO AFF,FEE:$2.00 PAT MCC'ARTHY AUDITOR PIERCE COUNT~. WASHINGTON l WHENRECORDEDREI'URNTO CITY OF' AUBURN 25 W. MAIN AUBURN, WASHINGTON 98001-4998 @ CHICAGO TITI.E INSURANCE COMPANY STATUTORY WARRANfY DEED 4273644 Dated: APRIL Zl, 2003 THE GRANTOR TERRACE VIEW PROPEKI1ESUMrrED lJABIUI"Y COMPANY,A WASHINGTON llMITED LlABIL1'IY COMPANY for and in consideration of IN UBU OF CONDEMNATION in hand paid, eon\'eyS and warrants to crrv OF AUBURN,A MUNlCJPAL CORPORATION the following described real estate situated in the County of PIERCE State ofWasbingtoo: Tax Account Number(s): PrN: 05~20-06-z..044 ABBREVIATED LEGAL: PARCEL B, BOUNDARY LINE ADJUSTMENT NO. 200103295016. CCMPLETE LEGAL IS ON PAGE 2. SEE ATTACHED DESCRIPTION TERRACE VleN PROPERTIES lLC ~ . GREGORY S. O'FARFEU., MANAGING MEMBER swo__ - .. . = g: WASHI~ BS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT GREGORY S. 0' FARRELL IS THE PERSON WHO APPEARED BEFORE M8, AND SAID PERSON ACKNOWLBOOED THAT HE SIGNED THIS INSTRUMENT. ON OATH STATED THAT HE WAS AUI'HORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS MANAGING MEMBER OF TERRACE VIEW PROPERTIES LLC TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. , II I "'''''''''' DATED, Lf/Uj03 _'''-~\'.OUG~..,. iI. ':'A n Q,JI.'llAiYL ~;;:c;,\ON'EX.o/.'.,. I., ", ~ ~,.u~ :~,S? RY~~'" , NOTARY SIGNATURE : ;~ _,O~ '" <fl; ~ ,/,' /\ A,,~, "" ... '" .. : ~ PRINTED NAME, U/l1 L.A. LA'U"<..'1 ~ ~<iS ,. 10)0 i g: NOTARY PUBLIC IN ~_ F9ILJHE STATE OF WASHINGTO~ .... pUG..... l t; ; RESIDING AT ~"' .' 'I, U' ..., 2 21'>'~~"',"if- : MY APPOINTMENT EXPIRES .::r(J.PIlJ1 .... ~ ;........:......,~~ ./ "" l!: OF >N~ ,,-- \\\\\\,,,.................... NOI'ARY'RDA.arnIOO