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RESOLUTION NO. 2 8 8 1
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3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND
5 SALE AGREEMENT BETWEEN THE CITY OF AUBURN SEWER DIVISION OF
THE PUBLIC WORKS DEPARTMENT AND OPUS NORTHWEST L L C IN THE
6 AMOUNT OF EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($850, 000)
7
8 WHEREAS, the City Sewer Division of the Public Works
9 Department obtained the property known as the "Goedecke North"
10
property through foreclosure of local improvement assessment
11
liens described in the Local Improvement Assessment Deed
12
13 dated May 23 , 1994 , recorded under King County recording
14 number 9405260718 and attached hereto as Exhibit "A" and is
15 herein incorporated by this reference; and
16
WHEREAS, the City Sewer Division of the Public Works
17
Department is responsible for recovering its ratepayer' s money
18
19 spent by the City Sewer Division of the Public Works
20 Department on the sanitary sewer local improvements
21 constructed on the "Goedecke North" property; and
22
WHEREAS, the City Sewer Division of the Public Works
23
Department has negotiated a fair purchase price in the
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Resolution No 2881
October 21, 1997
Page 1
1 Purchase and Sale Agreement, a copy of which is attached
2
hereto as Exhibit "B" and is incorporated by this reference;
3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
4
5 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
6 RESOLVES THAT
7 SECTION 1 . The Mayor of the City of Auburn is herewith
8
authorized to execute a Purchase and Sale Agreement between
9
the City of Auburn Sewer Division of the Public Works
10
11 Department and OPUS Northwest L L C in the amount of EIGHT
12 HUNDRED FIFTY THOUSAND DOLLARS ($850 , 000) A copy of said
13 Purchase and Sale Agreement is attached hereto as Exhibit "B"
14
and incorporated herein by this reference
15
16 SECTION 2 . The Mayor is hereby authorized to implement
17 such administrative procedures as may be necessary to carry
18 out the directives of this legislation
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Resolution No 2881
October 21, 1997
Page 2
1
DATED this 20th day of October, 1997
2
3
4 CITY OF AUBURN
5
6 CAN
CHARLES A BOOTH
8 MAYOR
9
10
11 ATTEST
12
13
14 /1 A feed/
15 Danielle E Daskam,
Acting City Clerk
16
17
18 APPROVED AS TO FORM
19 i/J11\ 9ji„
20 11
21
Michael J Reynolds,
22 City Attorney
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Resolution No 2881
October 21, 1997
Page 3
ORIGINAL �ant/
1 LOCAL IMPROVEMENT ASSESSMENT DEED
2
3 This indenture, made this 23rd day of May, 1994, between
4 Arlene Mempa, as Deputy Finance Director of the City of
5 Auburn, King County, Washington, party of the first part, and
6 the City of Auburn, party of the second part
7 WITNESSETH, that, whereas, at a public sale of real
8 property held on the 21st day of July 1989, pursuant to a real
an 9 property foreclosure and sale judgment entered in the superior
® 1 ' court in the county of King on the 30th day of May, 1989, in
11 proceedings to foreclose local improvement assessment liens
N 12 upon real property and an order of sale duly issued by said
0
Tr 13 court, real property was struck off and sold to the City of
14 Auburn in compliance with the laws of the state of Washington,
15 that said real property is described on attached Exhibit "A" ,
16 which consists of eight pages and which is by this reference
17 incorporated herein as if fully set forth, and that said City
18 of Auburn has complied with the laws of the state of
19 Washington necessary to entitle it to a deed for the real
20 property
21
NOW, THEREFORE, know
ye, that, I, Arlene Mempa, Deputy
22 Finance Director of said City of Auburn, King County,
23 Washington, in consideration of the premises and by virtue of
24 the statutes of the state of Washington, in such cases
25
26
0
Special Assessment Deed
May 20, 1994 Cagree/geo-deed)
Page 1
1
2 provided, do hereby grant and convey unto the City of Auburn,
3 its heirs and assigns, forever, the said real property
4 hereinbefore described which was struck off and sold to the
5 City of Auburn July 21, 1989 as evidenced by that certain
6 return of sale on real estate under judgment and order of sale
7 executed on the 24th day of August, 1989
8 Given under my hand and seal of office this cR 3 day of
9 May, A.D , 1994 .
10
11
OF
ao
PI 12
Deputy Financ= Direc fr
CD 13
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Oa' 15
CI
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Special Assessment Deed
May 20, 1994 (agree/geo-deed)
Page 2
PARCEL A:
THAT PORTION OP TEL SOUTHWEST QUARTER OP TIE SOUTHEAST QUARTER Or
SECTION 19, TOWNSHIP 21 WORTH, DANCE 9 EAST, H.M. , IN RING COUNTY,
WASHINGTON, SLSCDIDLD AS FOLLOWS:
h"'41— BEGINNING AT THE SOUTHEAST COPNER OP SAID SECTION 19•
. THtNCL NORTH
89°25'25° WEST ALONG TIE SOUTHERLY LINE OF SAID SECTION, A DISTauct or
1986. 18 PELT TO ITS INTERSECTION WITH TUE EASTERLY MARGIN OP WEST
VALLEY SECONDARY STATE HIGHWAY NO. 5; THENCE NORTE 30 091.28° LAST ALONG
SAID MARGIN, A DISTANCE OF 187.95 PELT TO THE TRUE POINT Or aEGINNIN;:
• THENCE CONTINUING ALONG SAID MARGIN NORTH 30 091'28° EAST, A DISTANCE Or
N 150.00 lent THENCE SOUTH S9 001 '29° EAST, A DISTANCE Or 150.00 Pt!T;
xi . MCE SOUTH 30°41 '28° WEST. PARALLEL TO SAID MARGIN, A DISTANCE Or
C) , 15Q.00 PEET:: THENCE NORTH 59001 '24° WEST A CISTANCE Or 150.00 PELT TO
CD • THE TRUE POINT OP BEGINNING;
Cat
N
N
Z
QD
N
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04
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on
A-31 .533 PAGE 1
- EXHIBIT A
EXCEPT THAT 'PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO.
735039 FOR STATE HIGHWAY.
PARCEL B:
THE SOUTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 21
Sc« NORTH, RANGE 4 EAST, W.M. , IN KING COUNTY, WASHINGTON, LYING SOUTHERLY
OF PRIMARY STATE HIGHWAY NO. 2 AND EASTERLY OF STATE ROAD NO. 69
(HIGHWAY 5-M, ALSO KNOWN AS WEST VALLEY HIGHWAY) ; EXCEPT THE FOLLOWING
DESCRIBED TRACT:
BEGINNING AT THE' INTERSECTION OF THE SOUTH LINE OP THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER WITH EASTERLY MARGIN OF STATE ROAD NO.
69; THENCE NORTHERLY ALONG SAID ROAD 423 FEET; THENCE SOUTH 77°11 ' 10•
EAST 166.5 FEET: THENCE SOUTH 28•36'46° WEST 375.5 FEET TO THE SOUTH
LINE OF SAID SECTION 14 ; THENCE WEST ALONG SAID SECTION LINE 187.5 FEE;
04 TO THE POINT OF BEGINNING; AND
O
P) EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR. COURT CAUSE N0.
O 723157 FOR STATE HIGHWAY.
)
NPARCEL C:
CD
THAT PORTION OF THE SOUTH BALT OFWTHH . IN KING COUNTY, WASHINGTON,
SE TO
IN 14,
OD TOWNSHIP 21 NORTH. RANGE 4 EAST,
LYING SOUTHERLY OF PRIMARY STATE HIGHWAY NO. 2 AND EASTERLY OF STATE
5cw4k. ROAD NO. 69 (HIGHWAY 5-M, ALSO KNOWN AS WEST VALLEY RIGRWAY) ; EXCEPT
THE SOUTH 30 YtET; AND EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE SOUTHWEST
00 QUARTER OF THE SOUTHEAST QUARTER OF TEE EASTERLY MARGIN OF STATE ROAD
a-1 No. 69; THENCE NORTHERLY ALONG SAID ROAD 423 FEET; THENCE SOUTH
77°11' 100 EAST 166.5 FEET; THENCE SOUTH 28°36.46■ VEST 375.5 FEET To
O THE SOUTH LINE OF SAID SECTION 14 ; THENCE WEST ALONG SAID SECTION LIN!
UD 187.5 FEET TO TEE POINT OF BEGINNING; AND
GEXCEPT THAT PORTION CONDEMNED FOR STATE HIGHWAY IN KING COUNTY SUPERIC
COURT CAUSE NO. 726045.
C,
PARCEL D:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 111
TOWNSHIP 21 NORTH. RANGE . EAST, V.M. IN KING COUNTY, WASHINGTON,
Scy}L RGSOUTHERLY R -M,ALSO KN
YO NH.ASYVEST VALLEY EASTERLY
HIGHWAY) , STATE
OAD NO. 69 (HIGHWAY 5
DESCRIBED AS FOLLOWS:
BEGINNING AS THE INTERSECTION OF THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST OUARTER OF THE EASTERLY MARGIN OF STATE BOAC
A-317533 ?AGE 2
•
NO. 69; THENCE RORTHERLY ALONG SAID ROAD 423 FEET; THENCE SOUTH
77 011' 10° EAST 165.5 FEET; THENCE SOUTH 28°36 '46° WEST 375.5 PEET TO
THE SOUTH LINE OF SAID SECTION 14 ; THENCE WEST ALONG SAID SECTION LINE,
187.5 FEET TO THt POINT OF BEGINNING; EXCEPT THE FOLLOWING DESCRIBED
PORTION: THAT PORTION OF THE SOUTHWEST QUARTER OF *ME SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W,M. . IN F.ING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF PRIMARY
STATE HIGHWAY NO. 2, AS ESTABLISHED BY INSTRUMENT RECORDED UNDER
RECORDING NUMBER 4641164, WITH THE EASTERLY LINE OF PRIMARY STATE
HIGHWAY O. 5, (WEST VALLEY ROAD) AS NOW ESTABLISHED BY INSTRUMENT
RECORDED UNDER RECORDING NUMBER 694364, IN RING COUNTY, WASHINGTON;
THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE ON A CURVE TO THE RIGHT,
THE CENTER OF WHICH BEARS NORTH 67°25'34° WEST 1940.06 FEET AM ARC
DISTANCE OF 181.10 FEET TO A POINT OP REVERSE CURVE; THENCE
SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT HAYING A RADIUS or 20 FEET
2 AN ARC DISTANCE OF 30.92 PEET, TO A POINT OF TANGENCY; THENCE SOUTH
C) 60°39040° EAST 130 PELT; THENCE NORTH 25°16 •36° EAST 233.59 PEET TO THI
PI SOUTHERLY LINE OF SAID PRIMARY STATE HIGHWAY NO. 2; THENCE NORTH
N 23°20.30° WEST ALONG SAID SOUTHERLY LINE 150 PEET TO THE POINT OF
CBEGINNING; AND EXCEPT THAT PORTION OP THE SOUTHWEST QUARTER OF THE
C SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 4 EAST,
V.M., IN SING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
uu
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE NORTH
89°25'25° WEST ALONG THE SOUTHERLY LINE OF SAID SECTION, A DISTANCE OF
Qj 1956.18 FEET TO ITS INTERSECTION WITH THE EASTERLY MARGIN OF WEST
v4 VALLEY SECONDARY STATE HIGHWAY N0. 5; THENCE NORTH 30 041 . 26. EAST ALON
SAID MARGIN, A DISTANCE OF 187.95 FEET TO THE TRUE POINT of BEGINNING;
O THENCE CONTINUING ALONG SAID MARGIN NORTH 30 041126' EAST, A DISTANCE 0
150.00 PLET: THENCE SOUTH 59 4001 '24° EAST, A DISTANCE OF 150.00 FEET ;
04 THENCE SOUTH 30 041 '28° WEST, PARALLEL TO SAID MARGIN, A DISTANCE_ OF
0 150.00 FEET; THENCE NORTH 59°01028° WEST A DISTANCE OF 150.00 FEET To
d' THE TRUE POINT OF BEGINNING: AND EXCEPT THAT PORTION CONDEMNED FOR
0) STATE HIGHWAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 723157; AN6
EXCEPT THAT PORTION WITHIN WEST VALLEY HIGHWAY (SR 1! 1 ) .
PARCEL L:
THE NORTH 12 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER LYING LAST OF STATE ROAD NO. 69, IN SECTION 23.
S" T11" TOWNSHIP 21 WORTH, RANGE 4 EAST, V.M. , IN KING COUNTY, VA:P.INGTON .
EXCEPT TEAT PORTION CONDEMNED FOR STATE HIGHWAY IN KING COUNTY Su?ERIC
COURT CAUSE NO. 726045.
PARCEL P:
• T''AT PORTICH OF THE YORTHUEST QUARTER l•: TUE NORTHEAST QUARTER GT
S:.CTIoa 23, TOUASHIP 21 NORTH, RANGE 4 EAST, W.M. , IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS;
A-317533 PAGE 3
•
BEGINNING At THE NORTHEAST CORNER OF SECTION 23: AND THENCE SOUTH
89 058' 15° WEST ALONG THE NORTH LINE OT SAID SECTION 23, 1315. 84 PEET TC
TEE 1/16TH SUBDIVISION CORNER: THENCE SOUTH 0•42• 21' WEST 12.0 FEfT TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 0442'21° VEST 650.56 FEET;
THENCE SOUTH 89°55' 55° WEST 1045.38 FEET TO EASTERLY LINE OF STATE
HIGHWAY; THENCE NORTH 30°01015° EAST ALONG SAID EASTERLY LINE OF STATE
HIGHWAY 511 .22 FEET; THENCE NORTH 89 458' 15° EAST 269.08 FEET: THENCE
NORTH 0 001. 45° WEST 208.71 FEET TO A POINT 12.0 PEET SOUTH OF NORTH
LIKE OF SAID SECTION 23: THENCE NORTH 89°58• 15° EAST PARALLEL TO THE
NORTH LINE OT SECTION 23. 528.65 FEET TO THE TRUE POINT OF BEGINNING:
EXCEPT THAT PORTION CONDEMNED POR STATE HIGHWAY IN KING COUNTY SUPERIOR ,
COURT CAUSE N0. 726045 : AND EXCEPT THAT PORTION WITHIN THE WEST VALLEY
HIGHWAY (SR 181).
PARCEL G:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OT THE SOUTH HALT OT
THE NORTH HALT OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 21
}L NORTH, RANGE 4 LAST, W.M. , IN RING COUNTY, WASHINGTON, WITH THE EAST
LINE OF STATE ROAD NO. 5-M: THENCE NORTH 88°58•00■ EAST ALONG THE
NORTH LINE OF SAID SUBDIVISION 650 FEET: THENCE SOUTH 0°42'00" WEST 353
FEET: THENCE SOUTH 88°58. 00° WEST TO THE EAST LINE OT SAID STATE ROAD:
THENCE NORTHERLY ALONG SAID EAST LINE TO THE PLACE OF BEGINNING: EXCEPT
THAT PORTION CONVEYED TO THE STATE FOR HIGHWAY BY DEEDS RECORDED UNDER
OD RECORDING NUMBER 6663759 AND 6661898.
N PARCEL B:
O
LO BEGINNING AT THE INTERSECTION OT THE WORTH LINE OF THE SOUTH HALT OF
04 THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 21
OPORTA, RANGE 4 EAST, M.M. , IN KING COUNTY, WASHINGTON, WITH THE EAST
LINE OF STATE ROAD NO. 5-M: THENCE NORTH 88°58 '00- EAST ALONG THE
-4, E NORTH LINE OT SAID SUBDIVISION, 1157 PEET: THENCE SOUTH 20.43 '00" VEST
VV JJ 709 FEET; THENCE SOUTH 0°25'000 WEST 168 FEET; THENCE SOUTH 87°01 '00°
WEST 590 FEET; THENCE SOUTH 0°42'00" WEST 160 PEET; THENCE SOUTH
B7°01 '000 WEST TO THE EAST LINE OF SAID STATE ROAD: THENCE NORTHERLY
ALONG SAID EAST LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION
THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE NOFTHEAST CORNER OF TEE HEREINASOVE DESCRIBED MAIN
TRACT: THENCE NORTH 86°58 '00° LAST ALONG THE NORTH LINE OF SAID MAIN
TRACT 650 FEET; THENCE SOUTH 0°42'000 WEST 353 PEET: THENCE SOUTH
88°58'00° WEST TO THE EASTERLY MARGIN OF STATE ROAD NO. 5-M: THENCE
NORTHERLY ALONG SAID EASTERLY MARGIN TO THE PLACE OF BEGINNING; AND
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED MAIN PARCEL:
THENCE NORTH 87°01'000 EST 200 FEET: THENC! NORTH 03°23154° WES:
199.85 FEE?: THENCE NORTH 87 401 .00° WEST To THE EAST MARGIN OF STATE
ROAD NO. 5-M: THENCE SOUTHERLY ALONG SAID MARGIN TO THE POINT OF
A-317533 PAGE 4
BEGINNING; AND EXCEPT THAT PORTION CONVEYED TO IRE STATE TOP HIGHWAY BY
DEED RECORDED UNDER RECORDING NUMBERS 6661898 AND 6663760.
PARCEL I:
THAT PORTION OT THE NORTHEAST QUARTER OT THE SOUTHEAST QUARTER OT
SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. , IN XING COUNTY.
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF EAST LINE or SECTION 14 AND THE SOUTH LINE
Yw.F4- OF THE ROAD RIGHT-OT-WAY OF SOUTH 328TH STREET (MAIN STREET) WHICH IS
TIE TRUE POINT OF BEGINNING: THENCE SOUTHERLY ALONG SAID LAST LIME OF
SECTION 14, A DISTANCE OF 200 PEET; THENCE WESTERLY PARALLEL TO THE
SOOTR LINE OP SOUTH 328TH STREET, A DISTANCE OP 236 FEET: THENCE
NORTHERLY PARALLEL TO THE EAST LINE OT SECTION 14 , A DISTANCE OT 40
PEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SOUTH 328TH STREET,
A DISTANCE OT 64 FEET: THENCE NORTHERLY, PARALLEL TO THE LAST LINE OT
SECTION 14, A DISTANCE OT 160 PEET, TO A POINT OM THE SOUTH LIME OF
.a} SOUTH 328TH STREET: THENCE EAST 300 PEET TO THE POINT OF BEGINNING;
EXCEPT PORTION LYING EASTERLY OT THE EAST BANK OT MILL CREEK: AND
N EXCEPT PORTION CONVEYED TO THE STATE OP WASHINGTON TOR HIGHWAY PURPOSE!
O BY DEED RECORDED UNDER RECORDING NUMBERS 6661364 AND 6661365.
CO
N PARCEL J:
CD
T, THAT PORTION OT THE SOUTHEAST QUARTER OP SECTION 14, TOWNSHIP 21
Q) NORTH, RANGE 4 EAST, W.M. , IN KING COUNTY, WASHINGTON. LYING NORTHERLY
OT PRIMARY STATE HIGHWAY NO. 2-A, EASTERLY or THE LAST MARGIN OT
SECONDARY STATE HIGHWAY NO. 5 AND SOUTHERLY OF SOUTH 328TH STREET:
S JL. EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE INTERSECTION OT SECONDARY STATE HIGHWAY NO. 5-M
(2-M) WITH THE NORTH-EAST RIGHT-OF-WAY LINE OF PRIMARY STATE HIGHWAY
NO. 2, AS CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED UNDER
RECORDING NUMBER 4641164 WHICH IS THE TRUE POINT OT BEGINNING: THENCE
NORTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY OP SECONDARY STATE
HIGHWAY NO. 5-11 (NOW 2-M) TO THE INTERSECTION OT THE SOUTHERLY
RIGHT-OF-WAY LINE OF SOUTH 328TH STREET (MAIN STREET) AS IT EXISTED
PRIOR TO JULY 21, 1941 , TEE DATE OT DEED TO THE STATE OT WASHINGTON,
BEING RECORDING NUMBER 3185611, RECORDS OT KING COUNTY, WASHINGTON:
THENCE EASTERLY ALONG THE SOUTH RIGHT-OF-WAY OT SOUTH 328TH STREET, 37
FEET: THENCE SOUTHERLY IN A STRAIGRT LINE TO A POINT ON THE NORTHERLY
MARGIN OT PRIMARY STATE HIGHWAY' NO. 2 AS RECORDED UNDER RECORDING
NUMBER 4641164 AND WHICH POINT IS 320 FEET EASTERLY OF THE LAST MARGIN
OT SECONDARY STATE HIGHWAY NO. 5-11 (2-M) : THENCE WESTERLY ALONG THE
NORTHERLY MARGIN OF SAID PRIMARY STATE HIGHWAY NO. 2-A TO THE TRUE
POINT OF BEGINNING; AND EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE INTERSECTION OT THE EAST LINE OF SECTION 14$ AND THE
SOUTH LINE OT THE ROAD RIGHT-OF-WAY OT SOUTH 328TH STREET (MAIN STPEt
WHICH IS THE TRUE POINT OF BEGINNING: TMENCI SOUTHERLY ALONG SAID EAS
A-317533 PAGE 5
LINE Of SECTION 14, A DISTANCE Of 200 FEET; THENCE WESTERLY, PARALLEL
TO THE SOUTH LINE OF SOUTH 328TH STREET, A DISTANCE OF 236 IEET;
THENCE NORTHERLY PARALLEL TO THE LAST LINE OF SECTION 14, A DISTANCE OF
40 FLEE; THENCE WESTERLY PARALLEL TO THE. SOUTH LINE OF SOUTH 328TH
STREET, A DISTANCE OF 64 PEET; THENCE NORTHERLY PARALLEL TO THE EAST
LINE Of SECTION 14, A DISTANCE Of 160 FEET, TO A POINT ON THE SOUTH
LINE Of SOUTH 328TH STREET; THENCE EAST 300 FEET TO THE POINT OF
BEGINNING; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR HIGHWAY BY DEED RECORDED UNDER RECORDING NUMBERS 7112300650,
626661350, AND 6661351 ;
O
C) EXCEPT ANY PORTION LYING SOUTHEASTERLY Of THE EASTERLY LINE Of STATE
O ROUTE 167.
17 PARCEL K:
r, THAT PORTION OF THE SOUTHEAST QUARTER or SECTION 10 , TOWNSHIP 21
m NORTH, RANGE 4 LAST, W.M. , IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
'a }'` BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE Of SECONDARY STATE
/- HIGHWAY NO. 5-M, ALSO KNOWN AS STATE ROAD NO. 69, WITH NORTHERLY LINE
Of PRIMARY STATE HIGHWAY NO. 2, AS CONVEYED TO THE STATE OF WASHINGTON
BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 4641164, RECORDS OF KING
COUNTY, WASHINGTON; THENCE NORTH 20°09 ' 09" EAST ALONG THE EASTERLY LINE
OF SAID SECONDARY STATE HIGHWAY NO. 5-M, A DISTANCE Of 150 PEET TO THE
QD TRUE POINT Of BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE
,4 CONTINUING NORTHERLY ALONG THE EASTERLY LINE or SAID SECONDARY STATE
HIGHWAY NO. 5-M TO AN INTERSECTION WITH THE SOUTHERLY LINE Ol SOUTH
O 328TR STREET (MAIN STREET ) AS IT EXISTED PRIOR TO JULY 21 , 1941, THE
GR DATE OF DEED TO THE STATE OF WASHINGTON RECORDED UNDER RECORDING NUMSEF
f4 3185411 . RECORDS OT KING COUNTY, WASHINGTON THENCE ALONG SAID
'
Q SOUTHERLY LINE NORTH 88°52'09' EAST 375 FEET; THENCE SOUTH 19°31' 21
CD WEST 1676.03 FEET, MORE OR LESS, TO THE NORTHERLY LINE Of SAID PRIMARY
STATE HIGHWAY N0. 2 ; THENCE WESTERLY ALONG SAID NORTHERLY LINE 170
FEET; THENCE NORTH 20°09' 09" EAST 150 FEET; THENCE WORTH 73 002'51^
WEST 150 FEET TO THE TRUE POINT Of BEGINNING; EXCEPT PORTION CONVEYED
TO THE STATE Of WASHINGTON FOR HIGHWAY PUFPOSES BY DEEDS RECORDED UNDE
RECORDING NUMBERS 3185611 AND 6661352 ; AND EXCEPT THAT PORTION THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTON OF THE RE-ESTABLISHED SOUTHERLY MARGIE OF
MAIN STREET (SOUTH 328TH STREET) WITH THE EASTERLY MARGIN or WEST
VALLEY HIGHWAY (S.S.H. NO. 5 ) ; THENCE SOUTHWESTERLY ALONG SAID
EASTERLY MARGIN, 175 FEET; THENCE NORTHEASTERLY PARALLEL WITH SAIL•
RE-ESTABLISHED SOUTHERLY MARGIN Of MAIN STREET.- A DISTANCE OF 150 FEET
THENCE NORTHEASTERLY IN A STRAIGHT LINE, TO A POINT ON THE
RE-ESTABLISHED SOUTHERLY MARGIN OF MAIN STREET WHICH IS 150 FEET
EASTERLY OF THE POINT OF BEGINNING, AS MEASURED ALONG SAID
RE-ESTABLISHED SOUTHERLY MARGIN; THENCE SOUTHWESTERLY, ALONG SAID
RE-ESTABLIShED SOUTHERLY MARGIN 150 FEET TO THE 7OINT OF BEGINNING •
A-317533 PAGE 6
PARCEL L:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 21
NORTH, RANGE 4 EAST, N.M. , IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE RE-ESTABLISHED SOUTHERLY MARGIN
jo }(.. OF MAIN STREET (SOUTH 328TH) UNDER AUDITOR'S TILL NOS. 3185611 AND
6661352, WITH THE EASTERLY MARGIN OF WEST VALLEY HIGHWAY (S.S.M. NO.
5) : AND RUNNING THENCE SOUTHWESTERLY, ALONG SAID EASTERLY MARGIN, 175
GFEET: THENCE NORTHEASTERLY PARALLEL WITH SAID RE-ESTABLISHED SOUTHERLY
cnIMARGIN OF MAIM STREET, A DISTANCE OF 150 FEET; THENCE NORTHEASTERLY IN
0A STRAIGHT LINE, TO A POINT ON THE RE-ESTABLISHED SOUTHERLY MARGIN OF
r( MAIN STREET WHICH IS ISO FEET EASTERLY OT THE POINT OF BEGINNING, AS
n2MEASDRED ALONG SAID RE-ESTABLISHED SOUTHERLY MARGIN; THENCE
))SOUTHWESTERLY ALONG SAID RE-ESTABLISHED SOUTHERLY MARGIN, 150 FEET TO
PTHE POINT OF BEGINNING. .
ao PARCEL M:
it;
• THAT PORTION OF THE NORTHEAST QUARTER OP SECTION 23, TOWNSHIP
NORTH, RANG! • EAST, W.M. , IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SOUTH HALF OF THE
is.•�•ri�► NORTH HALF OF SAID NORTHEAST QUARTER OF SAID SECTION 23, WITM EASTERLY
HARGIM OF WEST VALLEY HIGHWAY, HAYING A RIGHT ANGLE WIDTH OF 60 FEET:
THENCE NORTH 8B°58'00' EAST ALONG SAID WORTH LINE, A DISTANCE OF
1157.00 FEET; THENCE SOUTH 20•03'00` WEST. A DISTANCE OF 709.00 FEET:
00 THENCE SOUTH 00•25`00" WEST, A DISTANCE OF 168.00 FEET; THENCE SOUTH
87°01 '00' WEST, A DISTANCE OF 590.00 FELT: THENCE SOUTH 00°42 '00■ WEST,
C A DISTANCE OF 160.00 FEET : THENCE SOUTH 87 601 '00" WEST, 511 .70 FEET TO
CS THE EASTERLY MAP.GIN OF SAID WEST VALLEY HIGHWAY, BEING 60 FELT IN
(\j WIDTH, AND THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED:
N THENCE NORTH 87 601'00" EAST 200 FEET: THENCE NORTH 3°23'54" VEST 199.85
C FEET: THENCE SOUTH 87°01 '00" WEST 200 FEET TO THE EASTERLY LINE OF SAID
EIGHWAY: THENCE SOUTHERLY ALONG SAID EASTERLY LINE 200 FEET TO THE
Q" TRUE POINT OF BEGINNING. _ - -
PARCEL N:
THAT PORTION OF THE NORTH HALT OF TNT NORTHWEST QUARTER 0! THE
NORTHEAST QUARTER OF SECTION 23. TOWNSHIP 21 NORTH, RANGE 4 EAST,
Cer+1,_ W.M. , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINWT_NG AT THE NORTHEAST CORNER OF SAID SECTION 23: THENCE SOUTH
89°58' 15" WEST ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF
1315.84 FEET TO THE 1/16TH SECTION CORNER : THENCE SOUTH 0°42' 21- WEST
12.00 FEET: THENCE SOUTH 89°58 '15' WEST PARALLEL WITH SAID NORTH LINE
OF SECTION 23, 528.65 FEET TO THE TRUE POINT OF BEGINNING: THENCE
A-317533 PAGE 7
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PURCHASE AND SALE AGREEMENT /.1-5
' This PURCHASE AND SALE AGREEMENT (this "Agreement" ) , made as
of the (;w day of 4Ja oo< klei4, is by and between The
City of Auburn, a Washington municipal corporation ( "Seller" ) and
Opus Northwest, L L C ( "Buyer" )
For and in consideration of the mutual covenants herein
contained, the sufficiency of which is unconditionally acknowledged
by Buyer and Seller, the parties hereto do hereby agree as follows
SECTION 1 SALE AND PURCHASE
Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller (1) fee title to that portion of the property
legally described on Exhibit A hereto shown in single cross-hatching
on Exhibit A-1 , together with all improvements thereon and
appurtenances thereto (the "Property" ) , plus (2) a Mitigation
Easement (as further described below) over, across and on that
portion of the property legally described on Exhibit A hereto and
shown in double cross-hatching on Exhibit A-1 (the "Mitigation
Easement Area" ) , all in King County, Washington, all on the terms ,
covenants and conditions set forth herein Buyer and Seller agree
to cooperate during the Feasibility Period to adjust the boundaries
of the Property and the Mitigation Easement Area to conform to the
parties ' intent that the developable land be within the Property and
the area to be used for mitigation or left as wetlands be within the
Mitigation Easement Area To the extent that the Property is not
contiguous with the lot lines of existing legal lots, Buyer shall
obtain prior to Closing a lot line adjustment conforming the
property lines of the Property with legal lots Seller shall
cooperate with Buyer in executing any applications for such lot line
adjustment As further provided in Section 7 below, Buyer shall be
responsible for any surveys required for this transaction
SECTION 2 PURCHASE PRICE AND PAYMENT
2 1 Earnest Money Deposit As consideration for Seller' s
execution and delivery of this Agreement, Buyer will deposit with
Stewart Title Insurance Company ( "Title Company" ) a promissory note
(the "Earnest Money Note" ) in the amount of Twenty-Five Thousand
Dollars ($25, 000) in form and content of Exhibit B attached hereto
Provided that the Feasibility condition set forth in Section 3 1 1
hereof has been satisfied or waived by Buyer on'or before expiration
of the Feasibility Period, Buyer shall pay the principal of the
Earnest Money Note to Title Company and the Earnest Money Note shall
be returned to Buyer Hereafter, the term "Earnest Money Deposit"
11
Y \WP\WBB\0568\002A002I WEB 1
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shall be used to refer, when appropriate, to the Earnest Money Note
and, when paid, to the principal thereof and any interest earned
thereon Buyer shall be entitled to direct Title Company to place
the Earnest Money Deposit in an interest bearing account of Buyer' s
choice
2 2 Purchase Price The purchase price (the "Purchase
Price" ) is Eight Hundred Fifty Thousand Dollars ($850, 000)
2 3 Payment The Purchase Price, less the Earnest Money
Deposit, shall be payable in cash or certified check upon Closing
SECTION 3 FEASIBILITY CONDITION
3 1 The obligations of Buyer under this Agreement and
consummation of Closing are subject to Buyer completing a
feasibility study and determining in Buyer' s full and complete
discretion that it is feasible for Buyer to own and operate the
Property in a manner and upon terms and conditions satisfactory to
Buyer
3 1 1 Feasibility Period Buyer shall have three (3 )
months (the "Feasibility Period" ) to give Seller written notice that
the Feasibility Condition is satisfied, which period shall commence
upon full execution of this Agreement by both Buyer and Seller
3 1 2 Initial Extension Periods Buyer may extend the
Feasibility Period for up to seven (7) consecutive extensions of one
(1) month each (each an "Initial Extension Period" ) by so notifying
Seller in writing and depositing with Seller, prior to the then-
scheduled date for Closing, an additional cash Earnest Money Deposit
of $2 , 500 per extension (each such payment being an "Initial
Extension Period Deposit" ) Initial Extension Period Deposits shall
be applicable to the Purchase Price but shall be otherwise non-
refundable
3 2 Contingency Removal; Effect of No Notice Buyer may
remove or waive contingencies only by a document in writing If
Buyer fails to remove or waive any contingency of Section 3 1 within
the applicable time periods set forth herein, this Agreement shall
terminate, all portions of the Earnest Money Deposit that have not
been made non-refundable as provided above shall be returned to
Buyer and neither party shall have any further rights or obligations
whatsoever arising out of or in connection with this Agreement
except as provided in Section 5 below
3 3 Delivery of Feasibility/Development Information In
the event Buyer fails to waive the Feasibility Condition of Section
3 1 or this Sale otherwise fails to close other than due to default
of Seller, Buyer shall promptly deliver to Seller copies of all
Y \WP\WHB\0568\002A002I WHB 2
10/24/97
studies., reports, applications, permits , and other documents and
entitlements generated by Buyer in relation to the Property
SECTION 4 WARRANTIES
4 1 Seller's Warranties Seller represents and warrants
to Buyer that the following facts are true as of the date of
Seller' s execution hereof and as of Closing, or as of such other
date as may be set forth herein
4 1 1 Organization, Standing, Authority Seller
is a municipal corporation duly organized, validly existing and in
good standing under the laws of the State of Washington, and
qualified to do business in the State of Washington and execution of
this Agreement by Seller and its delivery to Buyer have been duly
authorized The person signing on behalf of Seller specifically and
individually warrants that no further action is necessary on the
part of Seller to make this Agreement fully and completely binding
upon Seller in accordance with its terms
4 1 2 Delivery of Information Seller will make
available for Buyer' s examination, Seller ' s files relating to the
property (excluding any attorney/client documents and any
confidential materials) Such files are provided without
representation or warranty as to accuracy or completeness
4 1 3 Litigation There is no action, suit,
investigation or proceeding (administrative or otherwise) pending
or threatened against or affecting the Property or any portion of
it, the transactions contemplated hereby
4 1 4 Encumbrances Seller' s execution, delivery
and consummation of this Agreement shall not result in any default
or violation of any agreement or law by which Seller is bound or
which will result in any lien, charge or encumbrance on the
Property
4 2 Buyer' s Warranties Buyer represents and warrants
to Seller that the following facts are true as of the date of
Seller' s execution hereof and as of Closing, or as of such other
date as may be set forth herein
4 2 1 Organization, Standing, Authority Buyer is
a limited liability company duly organized, validly existing and in
good standing under the laws of the State of Delaware, and qualified
to do business in the State of Washington, and execution of this
Agreement by Buyer and its delivery to Seller have been duly
authorized by Buyer and no further action is necessary on the part
Y \WP\WHB\0568\002A002I.NUB 3
10/24/97
of Buyer to make this Agreement fully and completely binding upon
Buyer in accordance with its terms
4 3 "As-Is" Purchase Buyer acknowledges and agrees
that it has been or will prior to the expiration of the Feasibility
Period be given a full opportunity to inspect and investigate every
aspect of the Property, including all matters related to legal
status or requirements , physical condition, title, leasing,
contracts and other matters of significance Buyer specifically
acknowledges and agrees that the Property is being sold in an "AS
IS" condition and "WITH ALL FAULTS" as of the Closing Except as
expressly set forth in Section 4 1 of this Agreement, no
representations or warranties have been made or are made and no
responsibility has been or is assumed by Seller or by any employee,
officer, person, firm, agent or representative acting or purporting
to act on behalf of Seller as to any matters concerning the
Property, including, without limitation, the condition or repair of
the Property or the value, expense of operation, or income
potential thereof or as to any other fact or condition which has or
might affect the Property or the condition, repairs, value, expense
of operation or income potential of the Property or any portion
thereof The parties agree that all understandings and agreements
heretofore made between them or their respective agents or
representatives are merged in this Agreement and the Exhibits
hereto annexed, which alone fully and completely express their
agreement, and that this Agreement has been entered into after full
investigation by Buyer, or with the parties satisfied with the
opportunity afforded for full investigation Buyer is not relying
upon any statement or representation by Seller unless such
statement or representation is specifically embodied in this
Agreement or the Exhibits annexed hereto Without limiting the
foregoing, Seller makes no representations or warranties as to
whether the Property contains wetlands, fill, asbestos or harmful
or toxic substances or pertaining to the extent, location or nature
of same Further, to the extent that Seller has provided to Buyer
information from any inspection, engineering or environmental
reports concerning asbestos or harmful or toxic substances, Seller
makes no representations or warranties with respect to the accuracy
or completeness , methodology of preparation or otherwise concerning
the contents of such reports Buyer acknowledges that Seller has
requested Buyer to inspect fully the Sale Property and investigate
all matters relevant thereto and to rely solely upon the results of
Buyer' s own inspections or other information obtained or otherwise
available to Buyer, rather than any information that may have been
provided by Seller to Buyer In furtherance of the foregoing,
Seller makes no representations or warranties as to the truth,
accuracy or completeness of any materials, data or other
information supplied to Buyer in connection with Buyer' s inspection
of the Property (e g , that such materials are complete, accurate
or the final version thereof, or that all such materials are in
Seller' s possession) It is the parties' express understanding and
Y \WP\WEB\0568\002A002I WEB 4
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agreement that such materials are provided only for Buyer' s
convenience in making its own examination and determination during
the Feasibility Period, as to whether it wishes to purchase the
Property
SECTION 5 POSSESSION AND INTERIM ACTIONS
5 1 Possession and Prior Entry Possession of the
Property shall be delivered at Closing Between the date hereof and
Closing or the earlier expiration or termination of this Agreement,
Buyer, its agents and employees shall have the right to go upon the
Property for the purpose of inspecting and making any tests or
studies Buyer deems appropriate Buyer agrees to indemnify, defend
and hold Seller harmless from and against any and all liens, claims,
loss or liability arising out of Buyer' s entry on to the Property
prior to Closing pursuant to this Section
SECTION 6 TITLE
6 1 Policy and Condition of Title Seller shall convey
title at Closing by special warranty deed subject only to Special
Exceptions 2 through 9 as shown on Stewart Title Company of
Washington preliminary commitment No 295432 dated June 21, 1996 and
an easement, to be recorded at Closing, permitting Seller or its
designee to improve the existing Mill Creek creekbed to create a
floodway conveyance in accordance with the Mill Creek Flood Control
Plan as finally adopted Buyer shall be solely responsible for
procuring and paying for such title insurance and/or surveys
relating thereto as Buyer deems appropriate If Seller cannot deliver
clear title as required herein, then Buyer shall either (i) waive
the defects or (ii) cancel this contract and have all earnest monies
and other deposits returned to Buyer, provided that if the title
defects are due to Seller' s failure to make monetary payments or are
non-monetary defects created by Seller after full execution of this
Agreement, then Buyer shall have all rights and remedies provided
under Section 8 of this Agreement
SECTION 7 CLOSING
7 1 Escrow Closing of the purchase and sale subject
of this Agreement shall occur through an escrow (the "Escrow" ) with
Stewart Title Company on a date mutually acceptable to Buyer and
Seller and, in any event, on or before thirty (30) days after
expiration of the Feasibility Period At Closing, Buyer and Seller
shall deposit with Escrow all funds, documents and instruments
required hereby for delivery to the other The deed shall be in the
form of a special warranty deed When used herein, "Closing" shall
Y \WP\WHB\0568\002A002I WHB 5
10/24/97
mean the date the Deed from Seller to Buyer is recorded and Seller
is entitled to the use of Buyer's funds
7 2 Costs and Prorations Buyer shall pay the cost of
the policy of title insurance required hereby, including the cost
of any survey required hereby, any real property excise taxes due
and payable in connection with the sale of the Property, the cost
of any documentary or transfer tax or stamps the cost of recording
the deed, and one-half of any other Closing expenses Seller shall
pay the remaining one-half of the other Closing expenses Escrow
shall be responsible for reporting the Closing to the Internal
Revenue Service pursuant to Section 6045 of the Internal Revenue
Code
7 3 Escrow Instructions This Agreement is intended by
the parties to set forth the Escrow instructions to Escrow
Nonetheless, Seller and Buyer agree to execute and deliver to Escrow
any additional instructions requested by Escrow for the purpose of
consummating this transaction, provided that any such additional
instructions are not inconsistent herewith
SECTION 8 REMEDIES
8 1 Seller' s Remedies If the transaction fails to close
due to default by Buyer, seller shall have all rights available in
law or equity
8 2 Buyer' s Remedies If the transaction fails to Close
due to default by Seller, Buyer shall have the right to specifically
enforce this Agreement or to terminate this Agreement and receive
immediate refund of the Earnest Money Deposit Buyer specifically
waives any rights to recover actual or consequential damages
SECTION 9 TAX EFFECT
No party has made or is making any representations to the
other concerning any of the tax effects of the transactions provided
for in this Agreement No party shall be liable for or in any way
responsible to any other party because of any tax effect resulting
from the transactions provided for in this Agreement
SECTION 10 MISCELLANEOUS
10 1 Notices 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
Y \WP\WHB\0568\002A0021 WHB 6
10/24/97
deposited in the United States Mail in registered or certified form,
return receipt requested, addressed as follows
To Buyer Opus Northwest, L L C
200 112th Ave N E
Bellevue, WA 98004
Attn Bart Brynestad
To Seller The City of Auburn
25 W Main
Auburn, Washington 98001
Attn Chris Thorn
or to such other single address and person as either party may
communicate to the other by like written notice
10 2 Entire Agreement This Agreement contains the
entire understanding between the parties and supersedes any prior
understandings and agreements between them respecting the subject
matter hereof There are no other representations, agreements ,
arrangements or understandings, oral or written, between and among
the parties hereto or any of them, relating to the subject matter
of this Agreement No amendment of or supplement to this Agreement
shall be valid or effective unless made in writing and executed by
the parties hereto
10 3 Construction The section headings throughout this
Agreement are for convenience and reference only and the words
contained in them shall not be held to expand, modify, amplify or
aid in the interpretation, construction or meaning of this
Agreement All pronouns and any variations thereof shall be deemed
to refer to the masculine, feminine, neuter, singular or plural as
the identification of the person or persons, firm or firms,
corporation or corporations may require Any reference herein to
"days" means consecutive calendar days If the last day of any time
period or any other specified date occurs on a day when the
recording office of the county in which the Property is located is
closed, such time period or date shall be extended to the next day
such recording office is open All parties hereto have been
represented by legal counsel in this transaction and accordingly
hereby waive the general rule of construction that an agreement
shall be construed against its drafter
10 4 Attorneys' Fees . In the event of litigation between
the parties hereto, declaratory or otherwise, in connection with
this Agreement, the prevailing party shall recover its costs and
attorneys ' fees actually incurred, including for appeals, which
shall be determined and fixed by the court as part of the judgment
Y \WP\WHB\0568\002A002Z WHE 7
10/24/97
10 5 Binding Buyer shall not assign this Agreement
without the prior written consent of Seller which will not be
unreasonably withheld Subject to the above, this Agreement shall
inure to the benefit of and be binding upon the heirs , personal
representatives, successors and assigns of the parties hereto
10 6 Agency Disclosure In this transaction, neither
party was represented by a real estate agent Each party shall
indemnify, defend and save the other harmless from and against any
claims , fees (including attorneys ' fees and costs) or costs arising
out of any claim made by any broker or agent claiming a commission
is due by or through the first party The indemnifications set
forth in this Section shall survive Closing
SECTION 11 FLOODWAY CONVEYANCE
As specified in Section 6 1 above, Seller will be reserving an
easement for construction of a floodway conveyance along the bed of
Mill Creek Seller shall not be obligated to create such floodway
conveyance, but agrees that if and to the extent Seller does create
same, Buyer shall be entitled to offer such floodway conveyance work
as "Buyer' s mitigation" in seeking to meet mitigation conditions
imposed on Buyer as part of permits for development of the Property
SECTION 12 MITIGATION EASEMENT
Seller hereby grants Buyer the right to use the Mitigation
Easement Area for Wetlands Mitigation Measures (as defined below)
together with an easement over and across the Mitigation Easement
Area for construction and maintenance of the Wetlands Mitigation
Measures Seller shall be entitled to use the Mitigation Easement
Area for all purposes not inconsistent with Buyer' s Wetlands
Mitigation Measures, including but not limited to floodway
conveyance, parks, and nature trails This mitigation easement
shall be evidenced by a recorded easement document specifying the
purposes set forth above and containing mutual indemnifications
against claims relating the parties ' respective entries upon and use
of the Mitigation Easement Area, the form of such easement document
to be negotiated within sixty (60) days after full execution of this
Agreement As used herein, "Wetlands Mitigation Measures" shall
mean (1) any wetlands mitigation measures required for development
of the Property without restriction as to time and (2) any wetlands
mitigation measures required for development of other property owned
by Buyer within the City of Auburn ( "Additional Property Mitigation
Measures" ) provided that such Additional Property Mitigation
Measures are fully identified and commenced within three (3) years
after Closing of the Property
Y \WP\WHB\0568\002A0021 WEB 8
10/24/97
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Exhibit"A"
LEGAL DESCRIPTION
GOEDECKE NORTH
THAT PORTION OF 'PHIS SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 21 NORTH
RANGE 4 EAST, WM LYING WESTERLY OF SR-167 AND NORTHERLY OF SR-18 AND
EASTERLY OF THE WEST VALLEY HIGHWAY AND SOUTH OF WEST MAIN STREET LESS
THAT PORTION TRANSFERRED TO THE GREEN RIVER FLOOD ZONE BY DOCUMENT
RECORDED UNDER KING COUNTY AUDITOR'$ FILE NUMBER 7112300654 AS GENERALLY
DEPICTED ON THE ATTACHED MAP
£0i£0 d
OE £T L66T-7Z-100
e arse.' Nocwoo ONV None < __
EXHIBIT B
TO
PURCHASE AND SALE AGREEMENT
EARNEST MONEY NOTE Nth 2 5 199)
$25 , 000 // /g , 1997
Subject to the terms and conditions of that certain
Purchase and Sale Agreement (the "Agreement" ) of even date herewith
by and between the undersigned and City of Auburn ( "Seller" ) , the
undersigned promises to pay to Chicago Title Insurance Company the
sum of Twenty-Five Thousand Dollars ($25 , 000 ) without interest, upon
removal of the contingency provided in Section 3 1 1 of the
Agreement
OPUS NORTHWEST, L L C
By
John o berg
Its �Vice President
Y \WP\WHB\0568\002A002I WHB 11
10/24/97
•
CO Of
CHAR!F5 A.BOOTH,MAYO f AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dani Daskam,Deputy City Clerk City Clerk:(925311-13901 1=3089
Tamie Bothell, Records/License Clerk Business Registration:(253) 17 Fax (253)288-3132
chk 110,t°
STATE OF WASHINGTON)
ss.
COUNTY OF KING
I, Danielle Daskam, 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 2881 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2881 "
I certify that said Resolution No 2881 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 20th day of October, 1997
Witness my hand and the seal of the City of Auburn this 11th day of December, 1997
/0424LA
Danielle Daskam, City Clerk
City of Auburn