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HomeMy WebLinkAbout2734 1 2 RESOLUTION NO 2 7 3 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, DECLARING THE AUTHORIZATION TO SURPLUS CITY OWNED 5 REAL PROPERTY AS LEGALLY DESCRIBED ON EXHIBIT "C" ATTACHED HERETO AND INCORPORATED HEREIN 6 WHEREAS, the surplus area described above is bounded by 7 8 8th Street S E , 10th Street S E , B Street S E and C Street 9 S E , within the Cenex facility; and 10 WHEREAS, the City acquired that certain real property as 11 shown on Exhibit "B" from King County in October of 1944 ; and 12 WHEREAS, the City conveyed a major portion of said 13 14 acquisition from King County in October of 1944 to the King 15 County Housing Authority in July of 1951 This conveyance 16 inadvertently and inappropriately created the surplus area, 17 which could be construed to remain under City ownership See 18 Exhibit "B" ; and 19 20 WHEREAS, the alley lying north of the surplus property 21 was vacated by the City of Auburn in August of 1962 Said 22 alley was established from the plat of Hart ' s First Addition 23 to the Town of Auburn The vacated alley was divided among 24 the abutting property owners; and 25 26 Resolution No 2734 April 4, 1996 Page 1 1 WHEREAS, upon the vacation of said alley, a permit was 2 issued in January 1962 to the adjacent property owner for 3 construction of a commercial storage shed facility This 4 5 storage shed facility was completed in March of 1962 and 6 constructed within the surplus area, unaware of the 7 possibility of being on City owned property Said commercial 8 storage shed facility still remains functional to this date; 9 and 10 11 WHEREAS, it is implied that the City was unaware, at the 12 time, of any ownership rights in the surplus area when the 13 permit was issued for said commercial storage shed facility; 14 and 15 WHEREAS, Cenex acquired the real property located north 16 17 and abutting that certain said tract of land as conveyed to 18 King County Housing Authority from the City of Auburn, 19 establishing the west boundary line of said surplus area See 20 Exhibit "B" ; and 21 22 WHEREAS, the surplus property area currently has no 23 access or use for the City and has been occupied by Cenex 24 25 26 Resolution No 2734 April 4, 1996 Page 2 1 since March of 1962 The surplus area serves no benefit to the 2 public and is therefore in excess of public needs; and 3 WHEREAS, upon City approval to surplus the property as 4 5 legally described on Exhibit "C" , it is further agreed the 6 City will release and convey all interests in said surplus 7 property for the benefit of Cenex Supply and Marketing, Inc 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 9 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 10 11 RESOLVES AS FOLLOWS 12 Section 1 . The City does hereby surplus City owned real 13 property legally described on Exhibit "C" attached hereto and 14 incorporated herein The attached maps, Exhibit "A" and 15 Exhibit "B" sets forth the property location 16 17 Section 2 . The Mayor is hereby authorized to implement 18 such administrative procedures as may be necessary to carry 19 out the directions of this legislation 20 21 22 23 24 25 26 Resolution No 2734 April 4, 1996 Page 3 1 DATED and SIGNED this 15th day of April, 1996 2 3 CITY OF AUBURN 4 5 6 � 7 Cpl (J � CHARLES A BOOTH 8 MAYOR 9 10 11 ATTEST 12 14 Robin Wohlhueter, City Clerk 15 16 17 APPROVED AS TO FORM 18 19 21 Michael J Reynolds, City Attorney 22 23 24 25 26 Resolution No 2734 April 4, 1996 Page 4 5th ®NE PARK NE 5th ST NE .®'ST Z ,�,PAft w w , -,. i E z w ST w 3rd . 3rd t AUBURN iljj 1 2nd sr Nw � d I HIGH :z SCHOOL ca' Z is ST N� -, z E I MAIN ST w w .a ■ W gni III � x . sw w F 2nd s, SE w Ethisi. 0 it , • 2nd SE z _ 3RD ST SE 3rd SW rn Its q CRASS 4th iza x a SE ,`` 8U• NGTON w NORTHERN _ _1 r' 6th MOM _ SST a31111111 , 8th ST : '7t !'���'!ii m ST SE x v) S" :8 ST SE F LES ' SITE ' ' w 9th SE � � GOVE F PARK : :.I.• 4 ST �7 0th Pl ;14411. YMCA - ST ]SE G S. , . 13TH SE rn SW PAR 14th SE U " w ��� 15th ST SE I ARK u rn c) \� F 16th SE v) cn 17th ST '' SE \ w C PE C5 w 18th S IY rn SE 14 y U 19th SI, SE H I w ca H X 2 0th, 21st v H SE CID JE �e v, CITY C AUBURN 23rd ST SE PROPOSED SURPLUS PROPERTY j 24th ST SE ( CENEX ) EXHIBIT " A" /i473 ( EXHIBIT "B" LEGEND City Acquired, October 1944 \�x Sold to King Co Housing Authority, July 1951 Cenex Acquired, January 1960 �7////��; City Vacated Alley, August 1962 PROPOSED SURPLUS PROPERTY 8TH ST SE ( STEVENS ) CENEX 7/ /// / / ' '// W 4 . . to :* :CENEX: . N \ \ \N\ \\\\ \ CO N E- F- N V PR❑POSED SURPLUS U ° PROPERTY N KING COUNTY HOUSING AUTHORITY ) s\N's\\\\\\\\\.'s \\\\\\\\\\\ 10th ST SE CITY OF AUBURN NOT TO SCALE D:\TEMP\CENEX PROPOSED SURPLUS PROPERTY ( CENEX ) EXHIBIT "C" That portion of Government Lot 1, Section 19, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning on the west right-of-way line of"C" Street Southeast, at a point 16 05 feet south of the southeast corner of Lot 14, Block 7 of Hart's First Addition to the Town of Auburn, according to the plat thereof recorded in Volume 20 of Plats, page 23, in King County, Washington (said point being on the south line of the alley as platted in said addition); thence south 4°01'42" west along said west right-of-way line, 108.36 feet, more or less, to the north line of that tract conveyed to the Housing Authority of the County of King, by deed recorded under Recording Number 4155974, thence south 89°22'10" west along said north line, 96 01 feet to the TRUE POINT OF BEGINNING; thence north 0°37'50" west, 108 feet, more or less, to the south line of said alley; thence west along the south line of said alley 30 feet, more or less, to a point that is south 0°37'50" east, 16 feet, more or less, from the southwest corner of Lot 11, Block 7 of Hart's First Addition, according to the plat thereof recorded in Volume 20 of Plats, page 23, in King County, Washington; thence south 0 037'50" east, 108 feet, more or less, to the north line of that tract conveyed to the Housing Authority of the County of King, recorded under Recording Number 4155974, thence east along the north line 30 feet, more or less, to the point of beginning. ML/bd REF H:\ENGINEER\E96\E96-265 I` 47j 1 - 5 ,T Gy'r h IS DAY ' � r RE n_, _ %L. NW 19-21 5 AFTER RECORDING, RETURN 10: THIS SPACE RESERVED FOR RECORDER'S USE Oh of Auburn JUL IJ J 42 111 '96 25 West Alain Street Auburn, WA 4 8INmI 4 TJ% $ M''!i L- 12 o ATTN City Clerk . QUIT CLAIM DEED (N, TILE GRANTOR City of Auburn, a municipal corporation for and in consideration of ten dollars and no cents($10 00) conveys and quit claims to Cenex Supply and Marketing, Inc the following described real estate, situated in the County of king, State of N ashington ' including any interest therein which grantor may hereafter acquire SEE EXI HMI A \Tl ACIIED Iif:REiTO AND B1 THIS REFERENCE MADE A PART I lEItEOF IN WITNESS Wl INREOF Grantor csecured this instrument as of 7//0/ j' I•nn• H.Saga T ! Chahcs A ILsorn Sts•or Attest R/tit½' '{ c _± _ r— Robin \\ohlhuct er CIEs Clerk STATE OF N ASI II\'CEION mss County of king On this ..5r4 day of `711' cr— 19 betirre me, the undersigned, a Notary Public in and for the State of WashmglorI duly commissioned and sss orn, personally appeared Charles A Booth and Robin Wohlhueter to me known to be the Mayor and City Clerk, respectively of the City ofAuburn, the municipal 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 were authorized to execute said instrument as the free and voluntary act of such municipal corporation, for the uses and purposes mentioned in the instrument WitnesMiiiniwyj d official seal hereto affixed the day and year first above writtcn r - 00 .. , -� : NOT,wy 75- nu7/ d A BG !-helL t j N,14 PUBLIC .z.:7 a a l lu GL; ;9'A lb 8ER 9'�G�: Notary Public in and for the State of\\ashinetun,•''•r'FWASN\„.% residing at r,nr//- (7z, COMMISSION ESPIRES /c j- y f RESOLUTION NO 2711 REF fI NIS1N1S71tt-52\C9/-17% xu a. rauad too 911.11 i.t t. e u It (aiw'C.:. . :?14 f.. APPMal n•r 11 ms :nn e. :N ntpn9• '5111 'h 0n:Dc "r. yr ... ry;;Z „. .„4 rve .„j„. mby,r FF , ,�yy sAp#�11L'l=) y 1�W.4+1�'l .�1.. \A I( ,� EXHIBIT r t; - That portion of Government Lot 1 Section 19 Township 21 North, Range 5 East, W.M in King County Washington, described as follows Beginning on the west right-of-way line of Street Southeast, at a point 16.05 feet south of the southeast corner of Lot 14, Block 7 of Hart s First Addition to the Town of Auburn, accoi ding to the plat thereof recorded in Volume 20 of Plats, page 23 in King County Washington(said point being on the south line of the alley as platted in said addition); thence south 4°01 42' west along said west right-of--way line, 108 36 feet, more or less, In the north line of that tract conveyed to the I lousing Authority of the County of King, by deed recorded under Recording kumbei 4155074 thence south 89"22'1(1' west along said north line, 96 01 feet to the l'Rllli POINT OF HI:GINNING thence north g037'cu west, 108 feet, more or less to the south line of said alley thence we.,t along the south line or said alley 10 feet more or less to a point that is south 0'17'50' east, 16 feet, more or less, from the southwest corner of Lot 11 Block 7 of l fart s lint Addition, according to the plat thereof recorded in \olunre 211 of I'lats pace 23 m King ( aunty N ashmgton, thence south(1'17'5'0' east, l08 feet, more or less to the north line of that tract cons eted to the I loo slog Authority of the County of King recorded under Recording\umber 4155074 thence cast along the north line 10 feet, more or less to the point of beginning Ct S1LUd v-4 4I I II `.1.).t.-1.,-, I '.. -. v If C tJ CI G�tyo` OFFICE OF THE CITY MAYOR Lfi � CITY ADMINISTRATION Charles A. Booth, Mayor M1btIM 25 West Main, Auburn, WA 98001 (206)931-3041 Fax: (206)911-3053 toriert STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2734 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2734 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 15th day of April, 1996 Witness�m�y hand and the seal of the City of Auburn this 18th day of April, 1996 Robin Wohlhueter City Clerk City of Auburn . RE-CEIVED CITY OF AUBURN * ENGINEERING DIVISION APR 3 0 1996 M E M O Viii • LEGAL DEPT DATE April 30 , 1996 `TO Mike Reynolds, City Attorney � FROM Mitch Legel, Eng Prop Acquisitions Mgr 7.71L.22 SUBJECT Cenex Property Surplus, Resolution No 2734 Enclosed is the Quit Claim Deed for the Mayor' s signature and the City Clerk' s attestment Resolution No 2734 authorizes the surplus of the property described on Exhibit "A" shown on the deed Furthermore, said resolution states the City of Auburn will release and convey all interests of said property to Cenex Supply and Marketing, Inc The attached deed will finalized this issue by releasing the City' s interests Please have the Mayor sign the Quit Claim Deed along with the City / Clerk' s attestment The City Clerk should then record the executed 5 11V deed with King County I would like a copy of the recorded deed for our files and expect that Cenex Supply and Marketing, Inc would like a copy of the recorded deed as well Thanks, Mitch 0 ,J4ta./ y6 (lik afre I _ / /9 6 /0 , 0191r , 0 di,1 . f/ t) �- CITY OF AUBURN ' t AGENDA BILL APPROVAL FORM , Agenda Subject: Resolution No. 2734 Date: 4/11/96 Department: Attachments: Budget Impact: Public Works Exhibits A, B and C None Administrative Recommendation: City Council to adopt Resolution No. 2734 Background Summary' The resolution authorizes the City to surplus City owned real property The property has been utilized by Cenex for more than thirty years. During this time there has been no public use or benefit from the property This action will allow the City to Quit Claim Deed the property for no compensation to clear title on the property W0415-5 PW/C F4.6 1, A3.13.4 Reviewed by Council Committees 8 Commissions. Reviewed by Departments & Divisions. — Arts Commission COUNCIL COMMITTEES. _ Airport — M80 _ Hearing Examin. _ Finance _ Building __ Mayor -- Human Resources Municipal Services — Cemetery _ Parks — Library Board Planning 8 CD -- Finance _ Personnel — Park Board Public Works Fire __ Planning _ Planning Comm. Legal Police Other -> Library Public Works Approved _ Call for Hearing _/_/_ Referred to Until _/_/_ Committee Approval Yes No Tabled Until / / Councilmember Wagner Staff: Currie Meeting Date: April 15, 1996 Item Number VII.B.3 Page: 1