HomeMy WebLinkAbout2935 1 RESOLUTION NO 2 9 3 5
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AUBURN PARTICIPATION AGREEMENT WITH EMERALD POINTE, L L C ,
4 FOR THE PURPOSE OF SHARING THE COST OF CONSTRUCTION OF THE
WATER FACILITIES FOR PROJECT NO FAC0013-93
5
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
8 Section 1. The Mayor and City Clerk of the City of
9 Auburn are hereby authorized to execute Auburn Participation
10 Agreement with EMERALD POINTE, L L C , for the purpose of
11
sharing the cost of construction of the water facilities for
12
Project No FAC0013-93 A copy of said Agreement is attached
13
hereto, designated as Exhibit "A" and incorporated by
14
reference in this Resolution
15
Section 2 The Mayor is hereby authorized to implement
16
such administrative procedures as may be necessary to carry
17
out the directives of this legislation
18
DATED and SIGNED this 20th day of April, 1998
19
20
21 CITY OF AUBURN
22 I
23 I1 m (6 c
CHARLES A BOO H
24 MAYOR
25
26
Resolution 19c 29;5
April 2, 1.1'+P
Page i
1
2 ATTEST
3 t f
5 Danielle E Daskam,
City Clerk
6
7
8
9 APPROVED AS TO FORM
10
11 ' 6; /\
12 Michael J Reynolds,
City Attorney
13
14
15
16
17
18
19
20
21
22
23
24
25
26
resolution 2'435
April 2, 29P
Page Page 2
AUBURN PARTICIPATION AGREEMENT
for
DEVELOPER'S EXTENSION
EMERALD POINTE LLC
FAC0013-93
This Agreement made and entered into this o?/ ' day of 197ff
by and between the City of Auburn, a municipal corporation of the State-of Washington,
hereafter called the CITY and EMERALD POINTE LLC, whose address is 3615 West Valley
Highway N., #101, Auburn, WA 98001, hereafter referred as DEVELOPER.
WHEREAS the CITY has on the o day of , 19?r approved
the execution of this Agreement with the DEVELOPER abo e and referring to facilities
described herein, and
WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to
accept a bill of sale found as Exhibit A, water facility, attached hereto as part of the utility
system of the CITY,
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS
1. DEVELOPER
The above-described DEVELOPER is the record OWNER of real property legally
described as shown on Exhibit B submitted by the DEVELOPER and attached
hereto The real property described is also known as Emerald Pointe LLC.
Map showing said property is attached hereto as Exhibit C.
II. FACILITIES
The facilities which have been constructed by the DEVELOPER herein are as
shown in the attached Exhibit A, incorporated herein by these references, and
processed as Developer Public Facility Extension, Extensions herein referenced as
FAC0013-93, originals on file at the office of the City Engineer. The facilities
have been constructed in accordance with the ordinances and requirements of the
CITY governing the construction specifications for facilities of such type, and
have been approved by the City Engineer
III. AMOUNT OF REIMBURSEMENT
Water facilities: The DEVELOPER, his 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 amount totals to $82,536.02.
,hh,tA_ie
Participation Agreement for Emerald Pointe LLC
April 1, 1998
Page 1 of 5
The DEVELOPER shall receive a total of$82,536.02.
The DEVELOPER shall receive $82,536.02 for water facilities, within sixty (60)
days of execution of this agreement.
IV OWNERSHIP OF FACILITY
The DEVELOPER has constructed the facilities described in Section II of this
Agreement, which facilities have been accepted by the CITY as satisfactory
The facilities have become a part of the municipal system of the CITY All
maintenance and operation costs of said facility shall be borne by the CITY
except as noted otherwise in FAC0013-93
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 Emerald
Pointe LLC, including but not limited to attorney's fees, expert witness fees, and
the cost of the services of engineering and other personnel who's 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 being 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 any one
or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Participation Agreement for Emerald Pointe LLC
April 1, 1998
Page 2 of 5
s 3o £ abed
8661 ' 1 i?zdV
X77 a3utod pjeaawa zo3 ijuawaaz6y uonnedToilzed
6 6 -'6 - p/ sondxo luautlutodde JAI
,y Ie RutpisaJ
uo;SucgsnM 3o aInIS 04I zo3 pun of oggnd MeloN
K '-
ffuue,ga
••••••,\%k M_tO p'et
eH;e
•& mms 04
°nand O
—4—
j.%b�AHtl1ON �o
••..,0 -LINO1SS?�.f
,Oa stn
,fI, /2°% Po1nQ
luawm1sut sign ut pauotluout sasodind pun sash a41 zo3 sound gnus to ;on
namunton pun aa.y 041 aq o1 NNf111f1V dO A.LIO 04130}RI'3'13 AIIO Pun 2IOAVIAI agI se It
pa5patAOU3toe pue 1uau1n.tlsut 041 01n03x0 01 pazuo4lne 01DM z(0411e41 palnls glno uo luatun.tgsut
sup pauEts Xag1 try pa2pajMOU3ton suosaad pins pun `am atojaq painodde o4M suosiad atp a1DM
ute3snU •a 0110111ra pun gloog y satunt3 ut41 aouaptn0 £t01oeJsips DAM{JO MOIDI 11n44 iC3tlaao I
311010 RID `tun3sr.Q •g 0ttatuBQ
V ic'
zo st- `gloog 'y sal.Ingj
ss(
guI}I3o AlunoJ
(NOIDNIHSVM dO JIVIS
DEVELOPER.
BY _Aa, BY
TITLE./1/14.4f 6'F TITLE.
STATE OF WASHINGTON )
)ss.
COUNTY OF KING
I certify I have know or have satisfactory evidence that a u bith/r
/dare
the person who appeared before me, and said personv5 acknowledged tit, he/they signed
this instrument on oath stated that he/she/they was/were authorized to execute the instrument and
acknowledge as the TVtctl9Ltj •ems of the
Ei*enz.j d Po i A•j"' , a limited liability company, to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated 4/1,1-1Qa
.``��\NE F 16' aSite SION c c�'' /
QQ' ��s �q c p
-U o`rNOTARY9m•'t: t�arvline C &e-r f
=N o * m. = Notary Public in and for the dtate of Washington
ZpL PUBLICryoc 0 residing ate t✓r—C_ Co .
`cpBER`?:• C?: My appointment expires it J 't I b/
Qc-WAS\AV
DH/bd
Attachments
REF H \FAC\FAC1333\E98-281
Participation Agreement for Emerald Pointe LLC
April 1, 1998
Page 4 of 5
Return Address:
EXHIBIT "A"
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information
BILL OF SALE
Reference #(if applicable): N/A Additional on page:
Grantor'Borrower: I) Emerald Pointe, L.L.C. 2)
Additional on page:
—
Grantee/Assignee/Beneficiary. City of Auburn
Legal Description/STR: SW ''A, 08-21-05 Additional on page.
Assessor's Tax ParcelID#: 333940-0586
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of
TEN DOLLARS ($10 00) and other good and sufficient consideration, receipt whereof is hereby
acknowledged, the undersigned Grantor(s) Emerald Pointe, L.L.C., a Washington Limited
Liability Company do/does by these presents hereby convey setover, assign, transfer and
warrant to the City of Auburn, a Municipal Corporation in King County, Washington. The
following improvements, see attached Exhibit `B", and all appurtenances or any other associated
public facility as shown the public facility extension plans referred to as FAC0013-93, the
Riverside Village development. Situated within the following described real property
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
and the said Grantor(s) hereby warrant(s) that Emerald Point, L.L.C. is the sole owner(s) of all
the property above conveyed; that it has full power to convey the same and that it will defend the
title of the said Grantee against any and all persons lawfully making claim thereto, and indemnify
the City of Auburn for any costs, including Attorney fees in defending title.
Bill of Sale
Page 1 of 4
IN WITNESS WHEREOF the Grantor(s) has/have executed these presents this 3
day of ,& -,tcA , 197
n .e&XL D Poi NTF L L c.
STATE OF )
)ss.
COUNTY OF )
I certify I have know or have satisfactory evidence that ` — l t N- L-k. 1,e- "
(Tare the
person who appeared before me, and said person$'acknowledged t h she/they signed this
mstruthent on oath stated ti(01 she/they was/were authorized to execute the instrument and
acknowledge as the /44.64.&€4-1 t(� of
the £0r4,y- (c( Poly..¢- , a limited liability company, to be the free and
voluntary act of such arty for the uses and purposes mentioned in the instrument.
Dated 3( ) qy
& 2&,232,
E F ^,
�o\�510N F- nee, �it oi/I`-Y
Q .0-0S\
q 9a? Notary Publi in and for the tate of Washington
U GARY
min', residing at c-rLe •
My appointment expires a itt70/
tit'A 2: PUBLIC oo gyp`
GFtiIB ER 0 11.9.`
OF WAS' "
''",,,,,,,pp
AK/bd
REF H.\FAC\FACl332\EPS-276
Bill of Sale
Page 2 of 4
EXHIBIT "A"
(BILL OF SALE)
LEGAL DESCRIPTION
Lots 21 and 22 and that portion of Lots 16 and 17 lying westerly of Lea Hill Road, all in Block 7
of C.D Hillman's Auburndale Addition to the city of Seattle, Division No I as per plat thereof
recorded in Volume 13 of Plats, page 62, records of King County together with that portion of
vacated road adjoining Situated in King County Washington.
Bill of Sale
Page 3 of 4
EXHIBIT B
(BILL OF SALE)
PUBLIC EN/PROVEN/CENTS
I of a 16" watermain along the street frontage of 104th Ave SE for a distance of 1145± LF
north from the intersection of Lea Hill Road.
2 ofa 10" sanitary sewer line along the street frontage of 104th Ave SE for a distance of
1020± LF going north from manhole 4611-03
3 of a 8" watermaln for a distance of approximately 900± LF within said legal description.
REF H:\FAC\FAC1332\E93-276
Bill of Sale
Page 4 of 4
EXHH3IT B
LEGAL DESCRIPTION
Lots 21 and 22 and that portion of Lots 16 and 17 lying westerly of Lea Hill Road, all in Block 7
of C D Hillman's Auburndale Addition to the city of Seattle, Division No 1 as per plat thereof
recorded in Volume 13 of Plats, page 62, records of King County; together with that portion of
vacated road adjoining. Situated in King County Washington.
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO• DATE ADOPTED• r
RESOLUTION NO 0Z935' EFFECTIVE DATE.
RECORDING FILE. CODE BOOK:
DEPARTMENT DISTRIBUTION
"xDEPT F,,,r :CONTACT'' tr,z>DATE
�� :u
CITIZEN REQUESTS
NAME
;. ; .> a w �t <• ; ADDRESS, E
F:C LERK\RECO RDS\RE CFORM
f4 ,
CHARLES A BOOTH,MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk City Clerk:(253)931-3039
Tame Bothell, Records/License Clerk Business Registration:(253)931-3007 Fate:(253)288-3132
lily
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. 2935 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2935 "
I certify that said Resolution No 2935 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 20th day of April, 1998
Witness my hand and the seal of the City of Auburn this 29th day of May, 1998
keddrzi
Danielle Daskam, City Clerk
City.of Auburn