HomeMy WebLinkAbout3479 RESOLUTION NO. 3 4 7 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK' TO EXECUTE THE
AGREEMENT TO ACQUIRE RIGHT-OF-WAY IN LIEU OF
CONDEMNATION.
WHEREAS, Multi Care Health Systems, a Washington for- profit
corporation with facilities and property located within the City of Auburn, is
endeavoring to build a facility within the City of Auburn; and
WHEREAS, the proposed facility is adjacent to projects identified in the
City's Capital Facilities Plan, which projects would call for the establishment of
future public roadways within and adjacent to the Multi Care property; and
WHEREAS, in connection with the Multi Care project the representatives
of Multi Care and the City have reached an agreement for the acquisition of
right-of-way for the street projects within and adjacent to the Multi Care property
and Multi Care has agreed to convey those rights-of-way to the City in lieu of
condemnation, in accordance to the terms of the agreement attached to this
resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the agreement to acquire right-of-way in lieu of
condemnation a copy of which is attached hereto, marked as Exhibit "A" and
incorporated herein by this reference, is approved and the Mayor and the City
Clerk are authorized to execute the same on behalf of the City of Auburn.
Resolution 3479
June 5, 2002
Page 1
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3.
signature hereon.
This resolution shall be effective upon passage and
Dated and Signed this //~'~day of AuguSt, 2003.
CI~UBURN
MAYOR
ATTEST:
Da~elle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution 3479
June 5,2002
Page 2
Filed for Record by and
After Recording Return to:
MultiCare Health System
737 South Fawcett
P. O. Box 5299
Tacoma, WA 98415-0299
CONFORFIED COPY
20030918000083
BUCK & GORDON RG 43.08
PRGE 08! OF 825
89/28/2883 89:28
KING COUNTY, UR
Documem Title: Agreement to Acquire Right-of-Way in Lieu of Condemnation
Reference Number of Related Document: N/A
Grantor(s): MultiCare Health System
Grantee: City of Auburn
Legal Description: Portion of Government Lot 4 mad portion of southeast quarter of southeast
quarter of Section 12, Township 21 North, Range 4 East, W.M.
Additional Legal Description is on Page(s) 11 and 12 of Document
Assessor's Tax Parcel Number(s): 1221049014; 1221049018
E:\SHARE\MFuess\AGREEMENT TO DEDICATE_02.DOC
Exhibit "A"
Res No. 3479
AGREEMENT TO ACQUIRE RIGHT-OF-WAY
IN LIEU OF CONDEMNATION
This Agreement to Acquire Right-of-Way in Lieu of Condemnation ("Agreement") is made
and entered into this I t~'p'' day of ,~P'~'~[,~""., 2003, between the City of Auburn, a
Washington municipal corporation (hereinafter the "City"), and MultiCare Health System, a
Washington not-for-profit corporation (hereinafter "MultiCare"). The City and MultiCare are
hereinafter referred to as the "Parties."
RECITALS
Ao
MultiCare is the owner of certain real property legally described in Exhibit A
("MultiCare Property"). The MultiCare Property is bounded on the west by the Union
Pacific Railroad Right-of-Way, on the east by "A" Street NE, on the north by 14th
Street NE/NW, and on the south by 10th Street NE/NW (this comment applies to
entire agreement). "A" Street NE and 14th Street NE are improved city streets. 10th
Street NE is a partially improved city street, with the southern half of the street
improved for approximately the easterly 490 feet west of"A" Street NE and with only
portions of the full 80 feet right-of-way dedicated to the City. The MultiCare Property
and surrounding streets are illustrated in Exhibit B.
MultiCare is proposing to build a hospital on approximately the eastern half of the
MultiCare Property as illustrated in Exhibit B and as described in MultiCare's pending
land use applications, SPL01-0005 and SEP01-0024 (the "MultiCare Project"). One
of the pending applications, SPL01-0005, is for a short plat of the MultiCare Property
(the "MultiCare Short Plat"). MultiCare will also, in the future, be submitting an
application to the City for a building permit to construct the MultiCare Project (the
"MultiCare Building Permit").
The City has included in its Capital Facilities Plans (1998-2003) two Road Capacity
Projects identified as follows: 9. "A" Street NW: 10th NE to 14th NW and 10. "A"
Street NW: West Main to 10th NE. These two projects establish a future public
roadway hereinafter referred to as "A Street." That portion of A Street between 10th
Street NE and 14th Street NE is proposed to be located in the western half of the
MultiCare Property.
The City desires to obtain from MultiCare, in lieu of condemnation, a statutory
warranty deed for that portion of the right-of-way for A Street that crosses the
MultiCare Property and a temporary slope and construction easement to allow
construction of A Street along with necessary drainage improvements and cut and fill
slopes (the "Property Interests").
ESSHARE\MFuess\AGREEMENT TO DEDICATE 02.DOC
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Rather than compensate MultiCare for the Property Interests entirely by monetary
payment, the City is willing to compensate MultiCare for the dedication of the A
Street right-of way by granting to MultiCare Transportation Impact Fee Credits ("TIF
Credits") that can be applied pursuant to Auburn City Code (ACC) 19.04.060;
THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency
of which is hereby acknowledged, the Parties agree and bind themselves and their respective
legal representatives, successors, and assigns, as follows:
AGREEMENT
1. Acquisition of A Street Right-of-Way.
MultiCare shall convey to the City approximately 107,000 square feet of property, for A
Street right-of-way (the "A Street ROW") as follows:
1.1.
The City has established the precise legal description of the A Street ROW after
consultation with MultiCare and in conformance with the following: The A Street
ROW shall be approximately eighty feet (80') in width in order to accommodate both
transportation and drainage improvements. The A Street ROW shall align with 'B'
Street NE as constructed on the north side of 14th Street NE and with the 'A' Street
NW right-of-way as dedicated on the south side of 10th Street NE. The A Street
ROW shall be located as far west along the MultiCare Property as possible while
meeting the minimum radii and geometric design requirements for a minor arterial.
The legal description for the A Street ROW is shown in Exhibit C. The exact size of
the A Street ROW to be dedicated, in square feet (the "A Street ROW Area"), is
included in Exhibit C.
1.2.
MultiCare shall deliver to the City, prior to the City's execution of a Transportation
Impact Fee Credit Approval, as described in Paragraph 4 below, and the City's
issuance of the MultiCare Building Permit, a fully executed and acknowledged
statutory warranty deed for the dedication of the A Street ROW for the conveyance of
the A Street ROW acknowledging that the conveyance is exempt under WAC 458-
61-420. The A Street Deed shall be subj eot to all existing encumbrances of record,
except financial encumbrances, including liens, which MultiCare agrees to cause to
be removed. The City shall not record the A Street Deed until it has delivered to
MultiCare the TIF Credit Approval as provided in Paragraph 5. The City shall pay
the recording costs for the A Street Deed.
2. Permitting and Construction of A Street.
2.1. The City shall be responsible for obtaining all necessary state and federal permits to
construct A Street and associated drainage facilities. This Agreement does not
3
E:\SHARE\MFuess\AGREEMENT TO DEDICATE_02.DOC
2.2.
authorize the City to use any portion of the MultiCare Property not being acquired by
the City by the A Street Deed or by the MultiCare Short Plat for mitigation of impacts
to wetlands caused by the A Street construction (the portion of the MultiCare
Property not being acquired by the City by the A Street Deed or by the MultiCare
Short Plat as described in Paragraph 5.1 is hereinafter referred to as the "Remaining
MultiCare Property"). In the event that conditions are imposed by state or federal
penuits that require the use of any portion of the Remaining Multicare Property for
such purposes, the Parties agree to negotiate in good faith for the City to acquire the
necessary interest in such portion of the Remaining Multicare Property through fair
market compensation to Multicare. Nothing herein shall preclude the City from
acquiring all or a portion of the Remaining Multicare Property through the City's
power of eminent domain.
The City shall incorporate measures in the construction of A Street to maintain the
storm drainage hydraulics on the MultiCare Property as that which exists at the time
that A Street is constructed.
2.3 This Agreement neither precludes nor guarantees future access from the Remaining
MultiCare Property to A Street, nor does it address compensation for possible future
access restrictions from the Remaining MultiCare Property. Future access will be
considered in conjunction .with future development in accordance with then current
City policies.
3. Temporary Construction Easement
3.1.
MultiCare shall grant to the City a temporary construction easement in the form
attached as Exhibit D (the "Construction Easement') for the limited purpose of
facilitating the City's construction of A Street including transportation and drainage
provisions. The Construction Easement shall provide the City with a twenty-four
(24) month period in which to undertake all such construction, said period
commencing upon written notice from the City to MultiCare that construction has
commenced (the "Commencement Notice"), provided that the Construction Easement
shall terminate automatically twenty-four (24) months following the Commencement
Notice. The property subject to the Construction Easement (the "Construction
Easement Area") shall be legally described after the legal description for the A Street
ROW is established. At the same time the exact size of the Construction Easement
Area shall be provided by the City to Multicare. The Construction Easement Area
shall be twenty feet (20') in width along the easterly edge and the westerly edge of the
A Street ROW where available within the MultiCare Property boundaries. The City
shall pay the recording costs that may be due for the Construction Easement. At the
E:KSHARE\MFuessXAGREEMENT TO DEDICATE_02.DOC
3.2.
completion of construction of A Street, the City shall remove all equipment, dirt and
debris from such easement area, plant or hydroseed all disturbed areas and restore the
Construction Easement Area to its previous condition, unless otherwise agreed by
both parties.
The City shall indemnify, protect and hold harmless MultiCare from and against all
claims of lien arising by virtue of or relating to the work to be done by the City on the
MultiCare Property as described in this Agreement. The City shall regularly and
timely pay any and all amounts properly payable to third parties with respect to such
work and materials therefor. No liens of mechanics, material suppliers, laborers,
architects, artisans, contractors or subcontractors or any other lien of any kind
whatsoever shall be created against or imposed upon the City Property. In the event
any such claims or liens of any kind whatsoever shall be asserted or filed by any
persons, firms or corporations performing labor or furnishing material in connection
with such work, the City shall pay or cause the same to be discharged of record
within forty-five (45) days of notification thereof or, in the event the City disputes the
validity or amount of any such claim, the City shall post or provide security in a form
and amount sufficient to ensure that title to the MultiCare Property remains free of the
lien claimed.
4. Penuanent Easements
4.1 MultiCare shall grant to the City permanent easements for roadway side slopes,
intersection sight distance and any other roadway requirement outside of the 80 foot
typical section as required to support City standards. MultiCare will be compensated
for any permanent easements'at a rate of 30% of the accepted property value.
Easements shall be in a form agreeable to the City and MultiCare.
5 Consideration Paid to MultiCare for A Street ROW and Construction Easement.
5.1
A Street ROW: The Parties agree that the fair market value of the A Street ROW to
be granted to the City, on a square foot basis, as determined by an independent
appraiser under contract with the City, is $2.33 per square foot for the A Street ROW
(the "ROW Value"). The City agrees to compensate MultiCare for the A Street ROW
· granted to the City by granting to MultiCare Transportation Impact Fee (TIF) Credits
in an amount calculated as follows: the product of A Street ROW Area multiplied by
the ROW Value. This is represented by the following formula:
TIF Credits = A Street ROW Area X ROW Value
The TIF Credits may be used by MultiCare pursuant to Auburn City Code (ACC)
19.04.060 to offset transportation impact fees that may be required for any
E:kSHARE~vlFuess\AGREEMENT TO DEDICATE_02.DOC
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development upon the Multicare Property. MultiCare shall submit a deed for the A St
NW ROW to the City either with its application for building permit or prior to
December 1, 2003, whichever occurs first. If MultiCare applies for a building permit
prior to December 1, 2003, then MultiCare will receive TIF credits as compensation
for the ROW conveyance. TIF credits will be in the form of a document compliant
with Auburn City Code 10.04.060. IfMultiCare does not apply for a building permit
prior to December 1, 2003, then the City will pay MultiCare the dollar amount of the
fair market value of the ROW as compensation for the ROW conveyance. In the event
that ACC Chapter 19.04 is repealed or revised in such a way that MultiCare is no
longer able to utilize the TIF Credits to offset transportation impact fees, (assuming
that the ROW has previously been conveyed to tlie City) then the City shall pay
MultiCare the dollar value of the TIF Credits in exchange for conveyance of the A St
NW right-of-way.
5.2
Construction Easement: The City shall compensate Multicare for the Construction
Easement by an annual payment (the "Construction Easement Payment") calculated as
follows: (i) the Easement Area (in square feet), multiplied by (ii) the ROW Value of
$2.33 per square feet, multiplied by (iii) 10%. The City shall deliver the fn:st annual
payment to Multicare with the Commencement Notice; the second annual payment
shall be paid 12 months thereafter. In the event that the City terminates the
Construction Easement prior to the twenty-four (24) month period granted for the
Construction Easement, MultiCare shall refund a prorata portion of the Construction
Easement Payment received based on the number of days remaining in such 24-month
period.
6 10th Street Dedication and Improvements
6.1 As a condition of the MultiCare Short Plat, MultiCare will do the following:
6.1.1
Convey to the City, right-of-way determined by the City to be reasonably
necessary along 10th Street NE between 'A' Street NE and A Street NW based
upon the "minor arterial" road standard applicable to this Street. The legal
description for the necessary l0th Street ROW is shown in Exhibit E.;
6.1.2
Construct improvements to the northern half of 10th Street NE adjacent to its
property between 'A' Street NE on the east and the westerly driveway on 10th
Street NE proposed by MultiCare in the MultiCare Project and as illustrated in
Exhibit B (the "10th Street NE Frontage Improvements"). The 10th Street NE
Frontage Improvements will be constructed prior to occupancy of the
MultiCare Project; and
6.1.3 Be responsible for future construction of improvements to the northern half of
10th Street NE adjacent to its property between the proposed westerly
E:\SHARE\MFuess\AGREEMENT TO DEDICATE_02.DOC
6
driveway on 10th Street NE on the east and A Street on the west (the "10th
Street Extension") subject to the terms of a modified ten year Street
Improvement Delay Agreement ("Delay Agreement") for the 10th Street
Extension with the City. The Delay Agreement is attached as Exhibit F. The
Delay Agreement shall provide for a reasonable period of time to submit plans
and to commence construction taking into account all necessary local, state and
federal permits. Ail improvements shall be completed prior to completion of
the City's A St NW construction project and no later than December 1, 2012,
unless otherwise agreed in writing by MultiCare and the City.
6.2 In order to reduce duplication of effort and to streamline the acquisition of all
necessary state and federal permits to fill wetlands as necessary for the construction of
A Street and the 10th Street Extension, the Parties recognize that it would be
preferable for the City to take the lead role in designing, permitting, constructing and
providing mitigation for the 10th Street Extension, in conjunction with designing,
permitting, constructing and providing mitigation for A Street (the "Joint A Street-
10th Street Development"). As such, the City agrees to consider, in good faith,
undertaking the Joint A Street-10th Street Development with MultiCare being
responsible for paying the City the costs of designing, permitting, constructing and
providing mitigation for the 10th Street Extension. If, in its sole discretion, the City
undertakes the Joint A Street-10th Street Development, MultiCare will execute a
developer participation agreement with the City to document the terms and conditions
for MukiCare's financial participation based upon its obligations under this
Agreement for the 10th Street Extension. If the City and MultiCare do not undertake
Joint A Street-10th Street Development, the responsibility for design, permitting and
mitigation of the 10th Street Extension continues to be MultiCare's.
7 General Terms
7.1 Each of the Parties shall protect, defend, indemnify and save harmless the other party
from and against all liabilities, penalties, costs, losses, damages, expenses, causes of
action, claims, demands, or judgments, including without limitation, reasonable
attorney's fees, arising out of or related to the terms, covenants or conditions of this
Agreement and such parties' performance or failure to perform any aspect of this
Agreement; provided, however, that if the claims or suits are caused by or result from
the concurrent negligence of (a) the City, its agents or employees, and (b) MultiCare,
its agents or employees, including those actions covered by RCW 4.24.115, the
obligations shall be valid and enforceable only to the extent of the indemnifying
parties' negligence; and provided further, that nothing herein shall require either party
to hold hanx~less or defend the other party from any claim arising from the sole
negligence of the other party.
7
E:\SHARE\MFuess\AGREEMENT TO DEDICATE_02.DOC
7.2 In the event that any party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the action or proceeding shall be
brought in the Superior Court for King County, Washington. The prevailing party
shall be entitled to an award of its costs and reasonable attorneys' fees.
7.3 Each person signing below represents and warrants that execution of this Agreement
has been duly authorized and that no further action on the part of any party is
necessary to make this Agreement binding in accordance with its terms.
7.4
7.5
This Agreement shall inure to the benefit of and.be binding upon the successors and
assigns to the parties hereto.
Any demand, request or notice which either party hereto desires or may be required to
make or deliver to the other shall be in writing and shall be deemed given when
delivered by facsimile, personally delivered, delivered by private courier service (such
as Federal Express), or three days after being deposited in the United States Mail in
registered or certified form, return receipt requested, addressed as follows:
To MultiCare:
Mr. Richard Petrich
Director, Strategic Development & Business Plmming
MultiCare Health System
737 South Fawcett
P. O. Box 5299
Tacoma, WA 98415-0299
Facsimile No. (253) 403-5457
And to:
Brent Carson
Buck & Gordon LLP
1011 Western Ave.
Suite 902
Seattle, WA 98104
Facsimile No. (206) 626-0675
To City of Aubum:
E:KSHARE\MFuess~AGREEMENT TO DEDICATE_02.DOC
Dennis Dowdy, PE
Public Works Director
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Facsimile No. (253) 931-3053
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above-written.
CITY OF AUBURN
a Washington~ m,~.. f_~ corporatio_~n
By: ~ ~.~_ _~
Peter B. Lewis, Mayor
MULTICARE HEALTH SYSTEM
a Washington not-for-profit corporation
By:
Dim~e Cecchettini, CEO
At, est: City Clerk /
STATE OF WASHINGTON )
·
COUNTY OF /~J///.1 d-~ )
I certify that I know or have satisfactory evidence that Pe [er ]~ea2,':x is
the person who appeared before me, and s/he acknowledged that s/he signed this instrument,
on o~a~ stated that s/he was authorized to execute the instrument and acknowledged it as the
/~L~:y{/>'" of ~--~/'TLv ~'-~ ,'~ ~v't4 , acorporation, to bethefree
and voldntary act of such corporation ~'or the uses and purposes mentioned in the instrument.
his 7' d y of , 200. _.
E:~SHARE\MFuess\AGREEMENT TO DEDICATE_02.DOC
9
[Si~gnamre of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington, residing at ~ ~/,~-,>,-~/~,-/ .
My commission expires: ~ _~/.z ?/.~. ~ -
E:\SHARE\MFuess\AGREEMENT TO DED1CATE_02.DOC
10
STATE OF WASHINGTON )
· SS.
COUNTY OF~r~£ .05~S_, )
I certify that I know or have satisfactory evidence that'~,.rhk\~_ooJgV3Tr{ k3 ! is
the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on
~.~aath stated that s/he was authori.zed to ex~cute t~a~ instrum~ent and acknowledged it as the
~r',~kx'r- +-0~--d~ of ~nn (._~a~.,-~,_~.-rl,~!u.~TU4,c~corporation, to be the free
a~d-vol[intary act of such corporation fo'r the risgs ~l'~'ur36Ses mentioned in the instrument.
Dated this I¢' ay of , 200
~mrO of Notary] r- - x_/(. _.)
.N, zC~,~,;~._.. ¥.. [Print Name of Notary]
!~i3:-~:~:,-'* o ,- ~ Notary Public in and for the State of
Washington, residing at""~/~O~
e'?,~ ..... My commission expires:
Exhibits
Exhibit A
Exhibit B
Exhibit C
'Exhibit D
Exhibit E
Exhibit F
MultiCare Property Legal Description
MultiCare Property Illustration
Legal Description for 'A' Street NW ROW
Construction Easement
Legal Description for 10th Street NE ROW
Street Improvement Delay Agreement for 10th Street Extension
E:\SHARE\MFuess\AGREEMENT TO DEDICATE_02.DOC
Exhibit "A"
Res No, 3479
11
Exhibit A
MultiCare Parcel Description (per Pacific Northwest Title)
PARCEL A
THAT PORTION OF GOVERNMENT LOT 4, SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,
IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE J. BRANNAN DONATION CLAIM NO. 38
AND OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID J. BRANNAN DONATION CLAIM
NO. 38; AND LYING EASTERLY OF THE BURLINGTON NORTHERN, INC. RIGHT-OF-WAY (FORMALLY
NORTHERN PACIFIC COMPANY RIGHT-OF-WAY);
AND LYING WESTERLY OF "A" STREET AS DESCRIBED IN AND DEDICATED TO PUBLIC USE BY
INSTRUMENT RECORDED UNDER RECORDING NUMBER 8003130537;
EXCEPT THAT PORTION THEREOF LYING NORTH AND EAST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT A BRASS CAP MONUMENT AT THE INTERSECTION OF "A" STREET N.E. AND 15TM
STREET N.E., FROM WHICH A BRASS CAP MONUMENT AT THE INTERSECTION OF SAID 15TM
STREET N.E. AND AUBURN WAY NORTH BEARS SOUTH 89030'25'' EAST, A DISTANCE OF 1799.04
FEET;
THENCE SOUTH 89030'25'' EAST ALONG THE CENTERLINE OF SAID 15TM STREET N.E. A DISTANCE
OF 30.93 FEET;
THENCE SOUTH 00038'54'' WEST A DISTANCE OF 36.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF SAID 15TM STREET N.E. AS RECORDED UNDER KING COUNTY RECORDING NUMBER 7208290367,
ALSO BEING THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID "A" STREET N.E. AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 7106100537;
THENCE CONTINUING SOUTH 00038'54" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE
OF 179.57 FEET TO THE NORTH LINE OF LOT NO. 2 OF AUBURN SHORT PLAT NO. SP-30-79 AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 8001310747 AND THE TRUE POINT OF
BEGINNING OF THIS LINE DESCRIPTION;
THENCE NORTH 89°51'35" WEST ALONG SAID NORTH LINE, A DISTANCE OF 2.99 FEET TO THE
NORTHWEST CORNER OF SAID LOT 2, ALSO BEING THE NORTHEAST CORNER OF PARCEL "A" OF
SAID SHORT PLAT;
THENCE SOUTH 01°11'57" WEST ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 0.42
FEET;
THENCE NORTH 89030'25'' WEST, A DISTANCE OF 868.41 FEET;
THENCE NORTH 00027'42'' EAST, A DISTANCE OF 1349.17 FEET TO A CONCRETE MONUMENT WITH
A BRASS CAP MARKING THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE J. BRANNAN
DONATION LAND CLAIM (DLC) NO. 37, ACCORDING TO AUBURN SHORT PLAT NO. SP-1 5-81, AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 8207299002;
THENCE CONTINUING NORTH 00027'42'' EAST, A DISTANCE OF 1323.08 FEET TO A CONCRETE
MONUMENT WITH A BRASS CAP MARKING THE NORTHWEST CORNER OF SAID J. BRANNAN DLC
NO. 37, ACCORDING TO SAID SHORT PLAT;
THENCE NORTH 89°02'58" WEST, ALONG THE NORTH LINE OF SAID J. BRANNAN DLC NO. 37,
PROJECTED WESTERLY ACCORDING TO SAID SHORT PLAT, A DISTANCE OF 17.08 FEET TO THE
EAST RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD COMPANY AND THE
TERMINUS OF THIS LINE DESCRIPTION.
PARCEL B
THE EAST 919.2 FEET OF THE NORTH 660 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON;
EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY MARGIN OF "A" STREET
AS DESCRIBED IN AND DEDICATED TO THE PUBLIC USE BY INSTRUMENT RECORDED UNDER
RECORDING NUMBER 8003130537.
Exhibit A.doc 07-18-03
z~
D
't~=200~
EX/qIBIT B
Exhibit C
Right of Way for "A" St NW
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT AT THE INTERSECTION OF "A" STREET N.E. AND 15TM
STREET N.E.;
THENCE SOUTH 89029'52'' EAST ALONG THE CENTERLINE OF SAID 15TM STREET A DISTANCE OF
30.93 FEET;
THENCE SOUTH 00039'27'' WEST A DISTANCE OF 36.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF SAID 15TM STREET AS RECORDED UNDER KING COUNTY RECORDING NUMBER 7208290367,
ALSO BEING THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID "A" STREET N.E. AS
RECORDED UNDER RECORDING NUMBER 7106100537;
THENCE CONTINUING SOUTH 00039'27'' WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE
OF 179.57 FEET TO THE NORTH LINE QF LOT 2 OF AUBURN SHORT PLAT NO. SP30-79 AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 8001310747;
THENCE NORTH 89°51'02" WEST ALONG SAID NORTH LINE A DISTANCE OF 2.99 FEET TO THE
NORTHWEST CORNER OF SAID LOT 2, ALSO BEING THE NORTHEAST CORNER OF PARCEL "A" OF
SAID SHORT PLAT;
THENCE SOUTH 01"12'30" WEST ALONG THE EAST LINE OF SAID PARCEL "A" A DISTANCE OF 0.42
FEET TO A LINE DEFINED BY A BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY
RECORDING NUMBER 8707131094;
THENCE NORTH 89029'52" WEST ALONG SAID BOUNDARY LINE A DISTANCE OF 868.41 FEET;
THENCE LEAVING SAID BOUNDARY LINE AND CONTINUING NORTH 89°29'52'' WEST A DISTANCE OF
27.29 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE
RAILROAD;
THENCE SOUTH 00°41 '09" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 106.91
FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89029'52" EAST PARALLEL WITH SAID BOUNDARY LINE A DISTANCE OF 71.00 FEET;
THENCE NORTH 00°41'09" EAST PARALLEL WITH SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF
20.00 FEET;
THENCE NORTH 45o20'32" EAST A DISTANCE OF 14.21 FEET TO A LINE PARALLEL WITH SAID EAST
RIGHT-OF-WAY LINE;
THENCE SOUTH 00°41'09" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 322.31 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 690.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY 299.47 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 24°52'01";
THENCE SOUTH 24010'52'' EAST A DISTANCE OF 306.24 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 605.00 FEET;
THENCE SOUTHEASTERLY AND SOUTHERLY 244.17 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 23°07'26";
THENCE NON-TANGENT TO SAID CURVE, SOUTH 02°17'02" EAST A DISTANCE OF 91.43 FEET TO
THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND 40.00 FEET EAST OF THE WEST
LINE OF THE LANDS DESCRIBED IN WARRANTY DEED TO THE CITY OF AUBURN RECORDED
UNDER KING COUNTY RECORDING NUMBER 9803252078;
THENCE SOUTH 00°56'34'' WEST ALONG SAID PARALLEL LINE A DISTANCE OF 58.81 FEET TO THE
NORTH LINE OF THE EXISTING "RIGHT OF WAY FOR 10TM STREET N.E. AND %' STREET N.E. FROM
PARCEL B" AS DESCRIBED IN WARRANTY DEED TO THE CITY OF AUBURN RECORDED UNDER
RECORDING NUMBER 9803252078, RECORDS OF. KING COUNTY, WASHINGTON;
THENCE ALONG THE NORTH LINE OF SAID EXISTING RIGHT OF WAY NORTH 86°09'35'' WEST 40.05
FEET TO THE NORTHWEST CORNER OF SAID EXISTING RIGHT OF WAY;
THENCE ALONG THE WESTERLY PROLONGATION OF SAID NORTH LINE NORTH 86°09'35'' WEST
40.15 FEET;
THENCE NORTH 01°03'26'' WEST A DISTANCE OF 143.34 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT HAVING A RADIUS OF 525.00 FEET;
THENCE NORTHERLY AND NORTHWESTERLY 211.88 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 23°07'26";
THENCE NORTH 24°10'52'' WEST A DISTANCE OF 306.24 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 770.00 FEET;
THENCE NORTHWESTERLY AND NORTHERLY 92.99 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06°55'10";
THENCE NORTH 86°26'16'' WEST ALONG A NON-RADIAL LINE A DISTANCE OF 38.51 FEET TO SAID
EAST RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE NORTH 00°41'09'' EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 527.32
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 107,000 SQUARE FEET (2.456 ACRES), MORE OR LESS.
SITUATE IN KING COUNTY, WASHINGTON.
Exhibit C.doc 08-15-03
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EXHIBIT D
Above this line reserved for recording information.
CONSTRUCTION EASEMENT
(Corporate)
Reference # (if applicable): N/A
Grantor/Borrower:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR:
Assessor's Tax Parcel ID No.:
THIS AGREEMENT, made this __ day of
Auburn, a municipal corporation of King County,
"Grantee", and
"Grantor."
,2003, between the City of
Washington, hereinafter termed
hereinafter termed
WITNESSETH:
The Grantor does hereby grant unto the Grantee and its authorized agents a
temporary fight-of-way or easement to be used only during construction of
on adjacent property; said temporary easement shall terminate
The said
temporary right-of-way or easement shall be through and across the followin~ described
property situated in King County, Washington, more particularly described as follows:
SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Construction Easement (Corporate)
Page I of
IN WITNESS WHEREOF, said corporation has caused this instrument to be
executed by its proper officer(s) this __ day of ,2003.
Authorized Signature
Authorized Signature
STATE OF WASHINGTON )
)SS,
County of King )
I certify that I know or have satisfactory evidence that 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 and
of , a
corporation, to be the free and voluntary act of such parties for the uses and purposes
mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
/bi'
File: #
REF. H:Development~Forms~Legal Documents\2003
Construction Easement (Corporate)
Page 2 of
Exhibit E
35' Additional Right of Way for 10th St NW
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EXISTING "RIGHT OF WAY FOR 10TM STREET
N.E. AND A STREET N.E. FROM PARCEL B" AS DESCRIBED IN WARRANTY DEED TO THE CITY OF
AUBURN RECORDED UNDER RECORDING NUMBER 9803252078, RECORDS OF KING COUNTY,
WASHINGTON;
THENCE ALONG THE NORTH LINE OF SAID EXISTING RIGHT OF WAY SOUTH 86°09'35" EAST 40.05
FEET TO A LINE PARALLEL WITH AND 40 FEET EAST OF THE WEST LINE OF SAID DEEDED LANDS,
AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 00°56'34'' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 58.81 FEET TO A
POINT OF CUSP WITH A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET (THE RADIUS
CENTER BEARS SOUTH 89°03'26" EAST);
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 38.01 FEET,
MORE OR LESS, TO A LINE PARALLEL WITH AND 35 FEET NORTH OF THE NORTH LINE OF SAID
EXISTING RIGHT OF WAY;
THENCE SOUTH 86o09'35'' EAST ALONG LAST SAID PARALLEL LINE A DISTANCE OF 454.42 FEET TO
THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET;
THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF 40.66 FEET,
MORE OR LESS, TO THE WESTERLY MARGIN OF "A" STREET AS DESCRIBED IN AND DEDICATED TO
THE PUBLIC USE BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8003130537;
THENCE SOUTH 00°39'37'' WEST ALONG SAID WESTERLY MARGIN A DISTANCE OF 61.48 FEET TO
THE NORTH LINE OF THE LANDS CONVEYED TO THE CITY OF AUBURN FOR 10TM STREET N.E. IN
WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9803252077, RECORDS OF SAID
COUNTY;
THENCE NORTH 86009'35'' WEST ALONG THE NORTH LINE OF THE EXISTING RIGHT OF WAY FOR
10TM STREET N.E. A DISTANCE OF 504.79 FEET TO THE TRUE POINT OF BEGINNING.
Exhibit E.doc 07-18-03
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EXHIBIT F
Above this line reserved for recording information.
STREET IMPROVEMENT DELAY AGREEMENT
(Project No. )
Reference # (if applicable):
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel ID#:
N/A
City of Auburn
MultiCare Health System
This agreement entered into on the date hereinafter set forth by and between
, his/her/theiffits heirs, successors, and assigns
hereinafter referred to as the "Owner" and the City of Auburn, Washington, hereinafter
referred to as the "City".
WITNESSETH
WHEREAS, the Owner is in the process of developing his/her/thei:r/its property on
legally described as follows:
SEE EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
WHEREAS, the Owner has requested permission to delay the placement of street
improvements to serve the aforesaid legally described property and the request was
approved by the Director of Public Works Department)(Public Works Committee of tine
City of Auburn on the day of ,20
Street lmprovelnent Delay Agreement
Page 1 of 7
WHEREAS, the owner agrees to install the required street improvements or pay the
cost of street improvement consisting of one-half (1/2) of a minor arterial, including
pavement, undergrounding of utilities, landscaping, ston~ drainage, curb/gutter, sidewalk,
illumination, channelization, and signing. All improvements are to be constructed to City
of Auburn specifications.
WHEREAS, this agreement is recorded with the King County Auditor's Office, and
the Owner agrees to advise all subsequent interests in the subject property of the existence
of this agreement.
NOW, THEREFORE, in consideration of the mutual benefits to be derived herein,
a delay is hereby authorized that will allow the Owner to defer the construction and/or
payment of construction if done by the City, of the required street improvements until the
City deems it necessary to construct said improvements along l0th Street NE. Payments
and/or costs are to be equally distributed over all properties legally described above based
upon the square footage of each property. The Owner acla~owledges that at any time
during the term of this delay when the Director of Public works so determines that the
improvement is needed to compliment or complete other planned and financially secured
street improvements in the immediate vicinity of the street improvements delayed by this
agreement, then the Owner agrees to complete such improvements within six months of
notification by the City. Should the Owner fail to acknowledge this requirement and
proceed to submit his project plans for City review and approval within 60 days of notice
by the City, the Owner acknowledges that the City has a right to perform the work and
assess the cost of improvements by filing a lien against the property described herein in
accordance with procedures established in Auburn City Code Title 12 entitled "Street,
Sidewalks, and Public Works".
The Owner also agrees not to protest the formation of a Local Improvement District
for any or all of the street improvements listed above, if initiated by the City or by property
owners adjacent to or benefiting the property.
It is further agreed by the Owner, his/her/their/its respective 'heirs, successors, or
assigns, and all other subsequent Owners, their respective heirs, successors, or assigns, that
should it be necessary for the City to enforce any of the hereinabove provisions of this
agreement, the Owner, his/her/their/its heirs, successors, and assigns hereby covenant and
agree to pay the City all reasonable attorney fees and costs incurred by the City to enforce
the provisions of this agreement.
The term of tlfis agreement shall commence as of the date signed below and shall
expire on December 1, 2012 unless earlier terminated pursuant to the provisions of this
Street Improvement Delay Agreement
Page 2 of 7
Agreement. Upon expiration of this agreement, neither party shall have any further
obligation arising hereunder.
An executed copy of this agreement shall be recorded among the land records of the
King County Auditor.
DATED and SIGNED this
day of ,20
CITY OF AUBURN
DIRECTOR OF PUBLIC WORKS
Owner Date
Owner Date
HM:bi
File: Street Delay #XXX
REF. E:\Share\MfuessWlaster St Imp Delay Agmt
Street Improvement Delay Agreement
Page 3 of 7
STATE OF WASHiNGTON )
)SS.
County of King )
I certify that I know or have satisfactory evidenc.e that
and is/are the person(s)
who appeared before me, and said individuals(s) acknowledged that he/she/they signed this
instrument and acknowledged it to be his/her/their/its free and voluntary act for the uses
and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis R. Dowdy is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
DIRECTOR OF PUBLIC WORKS of the CITY OF AUBURN to be the free and voluntary
act of such party for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Street Improvement Delay Agreement
Page 4 of 7
STATE OF WASHiNGTON )
)SS.
County of King )
I certify that I know or have satisfactory evidence that
and is/are the person(s)
who appeared before me, and said partner(s) aclmowledged that he/she/they signed this
instrument and acknowledged it to be his/h.er/th.eir/its free and voluntary act for the uses
and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
STATE OF WASHiNGTON )
)SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis R. Dowdy is the person who
appeared before me, m~d said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument m~d acknowledged it as the
ACTING DIRECTOR OF PUBLIC WORKS of the CITY OF AUBURN to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Street Improvement Delay Agreement
Page 5 of 7
STATE OF WASHINGTON )
County of King )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that
he/she signed this instrument, on oath stated that he/she was authorized to execute the
instrument and acknowledged it as the of
, a corporation, to be the free
and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis R. Dowdy is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
ACTING DIRECTOR OF PUBLIC WORKS of the CITY OF AUBURN to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Street Improvement Delay Agreement
Page 6 of 7
STATE OF WASHINGTON )
)SS.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
is/are
the person(s) who appeared before me, and said person(s) acknowledged that he/she/they
signed this instrument on oath stated that he/she/they was/were authorized to execute the
instrument and acknowledge as the
of the ., a limited liability company, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis R. Dowdy is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
ACTING DIRECTOR OF PUBLIC WORKS of the CITY OF AUBURN to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
My appointment expires
Street Improvement Delay Agreement
Page 7 of 7