HomeMy WebLinkAbout2769 (2) 1
2 RESOLUTION NO 2 7 6 9
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO
EXECUTE A PURCHASE AND SALE AGREEMENT WITH THE OWNERS OF REAL
5 PROPERTY DESIGNATED AS TAX PARCEL NO 395440-0090 , WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION PARCEL NO 1-15839 RELATING
6 TO THE STATE ROUTE 18 / C STREET SW INTERCHANGE RAMP
IMPROVEMENT PROJECT ( PR 529 )
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8 WHEREAS, the above described project is in accordance
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with the six year Transportation Improvement Program (T I P)
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for 1997-2002 and the City Capital Facilities Plan (C F P ) ;
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12 and
13 WHEREAS, property acquisition funds for this project are
14 provided for by the Intermodal Surface Transportation
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Efficiency Act (I S T E A ) and the Transportation Improvement
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Board (T I B ) ; and
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18 WHEREAS, the purchase of said real property is necessary
19 to complete the SR 18 / C Street SW ramp improvement project
20 and the associated Burlington Northern Santa Fe Railroad
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crossing project, whether separated or at grade; and
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WHEREAS, the City' s annual contract appraiser Clendaniel,
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24 Lema & Watts, Inc provided the real property appraisal report
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26
Resolution No 2769
August 6, 1996
Page I
1 for said real property and has determined the fair market
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value to be $130 , 000 00 This appraisal report was reviewed
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by an additional independent real property appraiser,
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5 Washington Appraisal Services, Inc The review appraisal
6 indicates the same fair market value of $130 , 000 00 ; and
7 WHEREAS, the owner' s were offered the established fair
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market value of $130 , 000 00 and had accepted said offer
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subject to certain conditions set forth in the addendum to the
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11 executed Purchase and Sale Agreement dated July 30, 1996 ,
12 attached hereto as Exhibit "A" and incorporated by reference
13 herein; and
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WHEREAS, a vicinity map of said real property is attached
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hereto and incorporated herein, being legally described in
16
17 said attached executed Purchase and Sale Agreement; and
18 WHEREAS, approval of this Resolution satisfies Item 4 as
19 set forth in said Purchase and Sale Agreement, binding the
20
City to all terms and obligations therein
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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23 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
24 RESOLVES THAT
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26 Resolution No 2769
August 6, 1996
Page 2
1 Section 1. The Mayor of the City of Auburn is hereby
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authorized to execute Purchase and Sale Agreement for the
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purchase of Tax Parcel No 395440-0090, Washington State
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5 Department of Transportation Parcel No 1-15839 as legally
6 described in said Agreement attached hereto as Exhibit "A" and
7 incorporated by reference herein, relating to the State Route
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18 / "C" Street SW interchange ramp improvement project (PR-
9
529) The total purchase price, as accepted by the owner (s) ,
10
11 plus normal costs of closing is $130 , 000 00
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DATED and SIGNED this 19th day of August, 1996
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16 CITY OF AUBURN
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19V`'I 2S n ,
CHARLES A BOOTH
20 MAYOR
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Resolution No 2769
August 6, 1996
Page 3
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3 ATTEST
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6 tellitiA(
Robin Wohlhueter,
7 City Clerk
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10 APPROVED AS TO FORM
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lz I ) ' S'
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Michael Reynolds,
14 City Attorney
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26 Resolution No 2769
August 6, 1996
Page 4
PURCHASE AND SALE AGREEMENT
In the matter of the SR 18 AND "C' ST INTERCHANGE project,
Tax # 395440-0090 Parcel #1-15839
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 Dewey L. and Pat F Baxter, husband and wife, hereinafter referred
to as the "Owner (s)"
Wfl'NESSETH
WHEREAS, the City affirms and the Owner (s) agree (s)that the Owner's (s')
real property described herein is required by the City for construction of an
interchange ramp at SR18 and "C" Street in the City of Auburn, Washington,
AND WHEREAS, the City has made a firm and continuing otter to pay the
amount of One Hundred Thirty Thousand Dollars ($130,000 00), for the purchase of
the following described real property in Auburn, King County, Washington:
The east 30 feet of Lots 1,2,3,4 and 5, Block 3, Lacey's Second Addition to
Auburn; EXCEPT that portion condemned in King County Superior Court
Cause Number 488620 for State Highway No. 2,
TOGETHER WITH the west 45 feet of vacated "D" Street adjoining, which
upon vacation attached to said property by operation of law
SUBJECT TO easements, restnctions, reservations and covenants of record.
NOW THEREFORE, it is understood and agreed that:
1 The Owner(s) will convey the real property by good and sufficient
Statutory Warranty Deed, free from all liens and encumbrances of
every nature.
2. The City will issue a warrant in the amount of $130,000.00
as stated above, which will be deposited with Stewart Title Insurance
Company
3 The City will pay normal costs of closing, such as escrow services,
title reports and recording fees. Any outstanding liens, assessments,
taxation encumbrances that may have to be removed to provide clear
Purchase & Sale
Baxter 1-15839
title to the City are to be satisfied in escrow by the Owner(s) out of
proceeds of the sale.
4 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.
Dated this 3 0 day of -c4-/J/ , 19 g ea
The City of Auburn
Owner(s) Department of Public Works
De ty L. Baxter -C"City Engineer
/. � >../_ _ Date: 911 19(
Pat F Baxter
ADDENDUM TO PURCHASE & SALE AGREEMENT
Dewey L. and Pat F Baxter
Parcel #1-15839
Acceptance of this Purchase and Sale Agreement is contingent upon the
City of Auburn providing the following:
1 Continued residence by owners, Dewey L. and Pat F Baxter at no rent
for the period necessary to construct and relocate a replacement
residence on property purchased by them in Eatonville, Wa. Owners
are in the process of constructing a Timberland home on the property
and will require sufficient time for permitting and installation of well,
septic and drainfield, utilities and placement of the home on a
foundation at the property It is estimated that this process will require
a minimum of 120 days from date of payment to the owners by the
City, weather permitting. Providing payment by the City is made
within 30 days (or sooner) from the date of acceptance of this offer,
the actual move by displacees to the replacement site, could occur in
December, 1996 In the event inclement weather should prevent site
preparation from being possible, it would be necessary for owners to
delay construction until weather conditions permitted them to do so
2. Owners will continue to maintain the property located at 406 Third St.
SW until they have vacated the premises.
3 Owners reserve the right to remove certain landscape flowers and
shrubbery and the freestanding woodstove fireplace located in the
dining room area
Dewey.y. Baxter Pat F Baxter
Date. ) ,3 0 , 5 6
17.4 177M
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CHARLES A.BOOTH, MAYOR Ari"'∎ AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dam Daskam, Deputy City Clerk Allinnen City Clerk:(206)931-3039
Tame Bothell,Records/License Clerk //Business Registration:(206)931-3007 Fax (206)931-3053
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skiing,
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. 2769 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2769 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 19th day of August, 1996
Witness my hand and the seal of the City of Auburn this 19th day of September, 1996.
66-i/Liat- U (t)'-tom
Robin Wohlhueter
City Clerk
City of Auburn