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Home My WebLink About3930 KC Recording No. 20051212002502 RESOLUTION NO.3 9 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PARTICIPATION AGREEMENT FOR DEVELOPER'S EXTENSION WITH INTEGRIS METALS, INC. FOR PARTICIPATION IN CONSTRUCTION OF WESTERLY AIRPORT ACCESS ROAD WHEREAS, a 30 foot wide public access and utility easement was granted to the CITY by Dwight A. Garrett and Doris V. Garrett, as described in Agreement Exhibit A and recorded in King County as record number 9704030925, dated March 27,1997; and WHEREAS, Reynolds Metals Company ("Reynolds") subsequently acquired the property described as a portion of Lot 2, City of Auburn Short Plat No. SP-15-81, in King County, Washington that was previously owned by the Mr. and Mrs. Garrett, and across which the easement was granted; and WHEREAS, the CITY entered into an agreement with Reynolds Metals Company ("Reynolds") dated July 7th, 1999, whereby Reynolds agreed to share in the cost of construction of an access road within the easement area; and WHEREAS, Integris Metals, Inc., is the successor in interest to Reynolds and is the current owner of the property previously owned by Reynolds; and Resolution No. 3930 October 11, 2005 Page 1 of 3 WHEREAS, said facilities have not been constructed, and the parties have agreed upon entering this agreement for construction of said facilities. It is hereby agreed that this agreement shall replace the agreement the CITY entered into with Reynolds Metals Company in its entirety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformity with the Agreement attached hereto and marked as Exhibit "1" and incorporated herein by this reference. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS \7 'tt, DAY OF (~C ~~-ey ,2005. ~ ~ PETER B. LEWIS MAYOR Resolution No. 3930 October 11, 2005 Page 2 of 3 ATTEST: /f)L2LM !~~J Darlte1le E. Daskam, City Clerk Resolution No. 3930 October 11, 2005 Page 3 of 3 AUBURN PARTICIPATION AGREEMENT for DEVELOPER'S EXTENSION This Agreement is made and entered into this ! 1 ~ day of [3 ~ 2005, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as CITY and Integris Metals Inc., a New York corporation, whose address is 455 85th Avenue, N. W., Minneapolis, Minnesota 55433, hereafter referred to as DEVELOPER. WIT NESS E T H: WHEREAS, a 30 foot wide public access and utility easement was granted to the CITY by Dwight A. Garrett and Doris V. Garrett, as described in Exhibit A and recorded in King County as record number 9704030925, dated March 27, 1997. WHEREAS, Reynolds Metals Company ("Reynolds") subsequently acquired the property described as a portion of Lot 2, City of Auburn Short Plat No. SP-15-81, in King County, Washington that was previously owned by the Mr. and Mrs. Garrett, and across which the easement was granted. WHEREAS, the CITY entered into an agreement with Reynolds Metals Company ("Reynolds") dated July i\ 1999, whereby Reynolds agreed to share in the cost of construction of an access road within the easement area. WHEREAS, Integris Metals, Inc., is the successor in interest to Reynolds and is the current owner of the property previously owned by Reynolds; and WHEREAS, said facilities have not been constructed, and the parties have agreed upon entering this agreement for construction of said facilities. It is hereby agreed that this agreement shall replace the agreement the CITY entered into with Reynolds Metals Company in its entirety. NOW therefore, in consideration of the conditions and covenants herein, THE PARTIES AGREE as follows: I. DEVELOPER The above-described DEVELOPER is the record OWNER of real property legally described as set forth on Exhibit A attached hereto, and as shown on the map attached hereto as Exhibit B. The real property described is also known as Thirty Foot (30') Access Easement King County Recorded No. 9704030925. II. FACILITIES The facilities which are to be constructed by the DEVELOPER herein are as shown in the engineer drawings dated July 1, 2005 for Joint Driveway Access Plan for Integris and City of Auburn prepared by Barghausen Consulting Resolution No. 3930, Exhibit 1 Participation Agreement for Developer's Extension; Integris October 10,2005 Page 1 of5 Engineers, Inc. and referred to herein by these references, and processed as Developer Public Facility Extension, Extensions herein referenced as Westerly Airport Access Road, originals on file at the office of the City Engineer. The facilities will be constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type, and will have to be approved by the City Engineer. III. AMOUNT OF REIMBURSEMENT Street facilities: The DEVELOPER, its successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the CITY as specified in this Section of this Agreement, represents a fair pro rata share participation for the DEVELOPER'S construction of the facilities described in Section II of this Agreement. The cost of said reimbursement is to be forty nine percent (49%) of the cost of the extension, determined from actual accounting records of the DEVELOPER during the course of the project. The total amount of reimbursement shall be limited to $110,000. The CITY shall pay to the DEVELOPER the reimbursement amount within thirty (30) days of the CITY's acceptance of the facility, but no later than 60 days from the date of substantial completion of the facilities. IV. OWNERSHIP OF FACILITY The DEVELOPER will construct the facilities described in Section II of this Agreement, which facilities will have to be accepted by the CITY as satisfactory. The CITY shall have no rights to access or use the facilities until they have been accepted as satisfactory. The facilities will become a part of the municipal system of the CITY. All maintenance and operation costs of said facility shall be borne by the CITY. V. TERM This agreement shall terminate one year from the date of execution if facilities as described in Section II have not been constructed. VI. HOLD HARMLESS The DEVELOPER will indemnify and save the CITY and the CITY'S officials and agents harmless from all claims and costs of defense, arising out of this agreement, as a result of actions, misconduct or breach of contract by DEVELOPER, including but not limited to attorney's fees, expert witness fees, Resolution No. 3930, Exhibit 1 Participation Agreement for Developer's Extension; Integris October 10,2005 Page 2 of5 and the cost of the services of engineering and other personnel whose time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. The CITY will indemnify and save the DEVELOPER and the DEVELOPER's officials and agents harmless from all claims and costs of defense, arising out of this agreement, as a result of actions, misconduct or breach of contract by the CITY, including but not limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel whose time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. VII. CONSTITUTIONALITY OR INVALIDITY If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement, as it is hereby expressly declared that this Agreement and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Resolution No. 3930, Exhibit 1 Participation Agreement for Developer's Extension; Integris October 10,2005 Page 3 of5 ~ MAYOR .----" ~ Attest: A)wJ;2{ !Jj~~ '----- CITY CLERK Approved as to Form: STATE OF WASHINGTON) )ss. COUNTY OF KING ) On this /1-r:ray of /C?(?ft h ~----1 ,2005, before me undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Peter B. Lewis and Danielle E. Daskam, to me known to be the Mayor and City Clerk of the City of Auburn, a municipal corporation, and the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. "'..........'" ~'" '" '\ __..~~\E. K.C """ '::--. \.~ ..........: ~/, /', _ ~' .' '0" " v. , .: <( ,",\;2.,:.\ONc.'f':", (<: ' : I..tJ ~~~~>,~\'- "T' ~ '''?~-.,. ~ ~, ~ 1-.. : O' ...:.\0 \ "'IF?}. \'I": ':0 ~ ~ Ct.J:o \ 'J). ~ , .. ......"."''''tI : , ~ :- : ~ , . 1=>118\'.\') ...,... ~<.fl"" \.u_ ....0-; I/o.. ..., ,/.... \ '"'YJ'. .....'!.29-0...... 0'':- // (:, .....". L~\~ - /1'1 OF W/l,:::>\'~,,'- '\\\\.'\\."\.\.'-",,.......... WITNESS my hand and official seal hereto affixed the day and year first above written. ~ ~tsfiJ1 . .~a~-~~{ / --f'PkJ \Jh hI';' h / ~/ . C. .~ /1 }..A/ NOTAR PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT K,' YlfJ:, Cc. MY COMMISSION EXPIRES ,1~. . l' t7- Resolution No, 3930, Exhibit 1 Participation Agreement for Developer's Extension; Integris October 10,2005 Page 4 of5 DEVELOPER: BY:~~~ BY: TITLE:.O;/?Ee.7DJe a-r O~~tWsrITLE: //l/7C'G,R/ S /1?'En?L.s-//AI'~~ w .~~~VVs\o"'- STATE OFtvfll'J}rESOTA:) ~~YV) )ss. COUNTYOFANOKA ) On this Zoo s~ day of ~-\lt.~~~ ,2005, before me, the undersigned, a Notary P~ic i~ ~d, TO for] tho ~\~a!e of Minnesota, duly commissioned and sworn, personally appeared\C~~~) \_."~&.t/)to me known to be the Director of Operations of Integris Metals the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they authorized to execute the said instrument. _---..;~~:~~~~~~~d and official seal hereto affixed the day and year first above written. ,: "~'~\SSIOi\j ~:-,:>>a 'I, ~( ro Q' . L Q "- - ()'<:{" " ~ . ''-f " <P " ...L.' , (\ (~C~T~:yl)~" u ~THY~~~;:~ , .A " J .' r;'- \t 0;;"::00",. ,";(j":/ NOTARY PUBLIC IN AND FOR THE ST TE OF "I'I\\\WAS'~'::~ .;~- W ~..:kh\~\o", MINNESOTA, RESIDING ' ~Jw) \\.,,"''''''~ / MY COMMISSION EXPIRES Resolution No, 3930, Exhibit 1 Participation Agreement for Developer's Extension; Integris October 10, 2005 Page 5 of5 EXHIBIT A Lee:al Description 30 FOOT WIDE PUBLIC ACCESS & UTILITY EASEMENT GARRETT TO CITY THAT PORTION OF LOT 2, CITY OF AUBURN SHORT PLAT NO. SP-15-81, RECORDED UNDER KING COUNTY RECORDING NO. 8207299002, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 2, ALSO BEING THE SOUTHWEST CORNER OF TRACT "X" OF SAID SHORT PLAT; THENCE SOUTH 88049' 52" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "X" AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 880 49' 52" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF 456.43 FEET TO AN ANGLE POINT IN SAID SOUTHERLY BOUNDARY OF LOT 2; THENCE CONTINUING SOUTH 880 49' 52" EAST, A DISTANCE OF 85.00 FEET; THENCE NORTH 00054' 08" EAST, A DISTANCE OF 30.00 FEET; THENCE NORTH 880 49' 52" WEST A DISTANCE OF 541.43 FEET TO THE EAST LINE OF SAID TRACT "X"; THENCE SOUTH 00054' 08" WEST ALONG SAID EAST LINE A DISTANCE OF 30,00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 16,240 SQUARE FEET OF LAND MORE OR LESS, Resolution No. 3930, Exhibit 1 Participation Agreement for Developer's Extension; Integris October 10, 2005 Exhibit A !~ 60' ~W I /fl0.87' r : I N 50'45'/5# E' / ,/42..2.2' /1,:1' AVB SPL NO ( I LOT 2 ~ 1'/ . ~ It- EA1'ST. 10' UTILITY &- SIOEH'ALK !:>J I EASEMENT ~ I - 500. 00' ~ I- EXIST. 40' ORAINAGE &- fl/ATE/i'LINE I N 88'49'5.2n If/ ... . EASEMENT ~ Ii' 60' R/W I~ ~ '. .~ ~ ~ ~ 'I~ ~ ~ ,~~ ~ I' ~ . ~ "'i I~ ~ ~ I ~ ifJ' . r;r ,~~ t;; III~ '€J 'C.) (!i. ~ ~ /,118 I't ~ '" ~ 30' PUBLIC ACCESS / UTILITY ii ~~ ~ I'.':': E,1SEMENT TO BE (JEOlCATrlJ TO I';:; ~ TIiE CITY OF AUBURN. " . . ~ l5 I ~ 1,/. j!o.:V') I~ f< .' I EXIST. 55' tlT/LITY ~ 9:::: ~ . [EASEMENT F)(/Sl 20 .tlT/LlTY I~ s::s I I jEASEVENT:\ N.E. CORNER JOSEPH 8/il4NNON ~ f'I... I - - - - ~ - ~~ .J OON4170N LANO CLA/V NO. 38\' , ""I _N ~..1~'5Z JY - T - - -' I ~ I 1 ~ /8.72' ~ 458.43' --1.. ~ 500.92' ;s: -----:...-- _ 8~o.q'-_~8.'{5.' . ~ I S 88'49'52" E' ~ [N 88'49'52-"W--~'-I----.-t= ----- ~ I .: ---0- 430.0/' , . I ~, . 77.62'. . 25' ~ I ~ ~ ~. NORTIf BOtlNt:J4RY Or: TlfE' JOSEPH BRANNON 92 I, ~ .... ~ I OO/VAT10N LANO CLA/~ NO. 38 . '" ' I ;::s /, iH; ~ 'l' ~ III Ch :~, ~IS .~ I . EX/STLoT AREAS ~ ~ ;1 ~ I~ ft VJ . . LOT f tiUI AC.O ~ ~ ~ ~ '" ,.... ~ ~ ~ EXIST. .10' UTILITY : ~ LoT 2 79.88 AC. ~. :;~ I . EASEMENT ~:~ PROPOsaJ LofAREAS / I ~ ~ C;;;.!!,\ LOT ~ ~ I ':~' ~~ ~: ~~~ fOT~ 57- ~~ ~ . :~ ~~ ~ . EX/STING ~ Vi bl' I~ ~~ 1::51 . . HANCE'RS~. I.. l<i IV') /ll~~' I' <S"J ~" I ~~!:'i Vi . . V') V') : ~ ~ ~ I 30': 25' I I 1 [EA1'ST.: 20' lJ/fAlNACE EASEMENT c:::::::::J J L__-:"~o.q:..._ L' .E!.4.JI' . . .IOOU5' .P.E!Z,o.:._ S 88'53'4J" E Ne i-U/I'IVeff UI" LAXe i-LAIIf1\ .~ - 8.00' N.T.S; N 88'4. '5.2"}1/ '\ 1004.98' 45593' t \\ ./" EXIST. 20' UTILITY I ,>I, ~ EASE'VENT 15-81 \\ I ~~ L~T 1 I ~~ EXIST.! 30' UT/LlTY &- . I V') O~/NfFE EASEMENT \-- --.1J EXHIBIT B 30TH STREET Nf1/ I" = 400' I. 0: I VITCHI LACOON smiTH LINE OF TlfE NORTH HALF OF . THE' ,JOSE'PH 8/il4NNON OON4TION LANO CLAIM NO. J8. Resolution No. 3930, Exhibit 1 Participation Agreement for Developer's Extension; Integris October 10, 2005 Exhibit B I I I , , ~ ~I I. ~I ~I ~ I' ~ V') . " II n 111111111 n I II 11111 20051212002502 PACIFIC NU TIT AG 43.00 PAGE001 OF 012 12/12/2005 15:48 KING COUNTY, UA Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, VVA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1, Auburn Participation Agreement for Developer's Extension @~3 Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document ~NW\ - ~~ .\~ Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1, Integris Metals Inc Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) 30 foot wide Public Access & Utility Easement That portion of Lot 2, City of Auburn Short Plan No, SP-15-81, recorded under King County recording #8207299002 r8J Additional legal is on page 6 (Exhibit A) of the document. Assessor's Property Tax Parcel/Account Number: o Assessor Tax # not yet assigned SIiIid documenl(a) were fHed lor recPd by Pacific Northwest l1tfe . 8OOORVTIOdation only. It has not been ElK8I'l'ined as to proper 8x8OOdon or 88 ., 1M Mf80t apon tttte.