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HomeMy WebLinkAbout2996 1 RESOLUTION NO. 2 9 9 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AUBURN STORM DRAINAGE 4 UTILITY ENTERPRISE FUND AND RICHARD ENTERPRISES, INC , A WASHINGTON CORPORATION, FOR THE ACQUISITION OF LOT B, AUBURN 5 LLA 0006-98 KING COUNTY RECORDING NUMBER 9805011434 FOR CITY 6 PROJECT NO C8053 - 21ST STREET S E STORM DRAINAGE IMPROVEMENTS 7 8 WHEREAS, this property is strategically located within a 9 drainage area which experiences localized flooding of public 10 streets and private property on an annual basis; and 11 WHEREAS, the 1990 Comprehensive Drainage Plan identified 12 the need for additional property to provide water quality and 13 water quantity controls for this drainage area; and 14 WHEREAS, the City' s development of this property into a 15 storm drainage facility will improve existing flooding 16 conditions within this drainage area and reduce poor water 17 quality discharge to the Green River while replenishing the 18 shallow ground water aquifer through infiltration; and 19 WHEREAS, funding for this acquisition is provided by the 20 City of Auburn Storm Drainage Utility Enterprise Fund; and 21 WHEREAS, the purchase amount of $518, 592 00 is supported 22 by the City' s annual contract consulting appraiser, The Lema 23 Consulting Group, Inc , dated December 17, 1997 and review 24 25 26 Resolution No. 2996 August 5, 1998 Pagel I 1 appraiser Strickland, Heischman & Hoss, dated 2 contemporaneously December 17, 1997 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 5 RESOLVES THAT 6 SECTION 1. The City of Auburn is herewith authorized to 7 execute a Purchase and Sale Agreement in the amount of 8 $518, 592 00 plus closing costs with Richard Enterprises, Inc 9 for the acquisition of Lot B, Auburn LLA No 0006-98, King 10 County Recording No 9805011434 for City Project No C8053 - 11 218t Street S E Storm Drainage Improvements A copy of said 12 Agreement legally describing the real property and a map are 13 attached hereto denominated as Exhibits "1" and "2" 14 respectively and incorporated herein 15 SECTION 2 . The Mayor is hereby authorized to implement 16 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation 19 DATED and SIGNED this 17th day of August, 1998 20 21 CITY OF AUBURN 22 23 ko�►I� a 24 CHARLES A BOOTH MAYOR 25 26 Resolution No. 2996 August 5, 1998 Page 2 1 2 3 ATTEST 4 5 Danielle E Daskam, 6 City Clerk 7 8 A ROVED AS TO FO 9 RM 10 11 Michael J Reynolds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2996 August 5, 1998 Page 3 PURCHASE AND SALE AGRF _?A NI' In the matter of the City of Auburn's Storm Drainage Improvement Project Ne C8053. THIS AGREEMENT is made and eared into by and between the City of Auburn, a mtmmcipal corporation of-the State of Washington.hereinafter referred to as the "City",and the Lmdersi ed owner,hereinafter referred to as tl--"Owner(s)": WTTNESSETH. WHEREAS, the City affams and the Ownw(s)agree(s)that the Ownees(s�real property described heteia is required by the City for storm drainage imp ovements. AND WHEREAS,the City has made a filar and continuing ofrrr to pay the amount of five hundred eighteen thousand five hundred ninety two dollars and no cents(S 518,592.00), fbr the purchase of the following descnbcd real property in Auburn,Ring County, Washington: Lot B,City of Auburn Boundary Line Adjustment Number 0006-98,recorded under King County Recording Number 9805011434. NOW THEREFORE,it is understood and agreed that: I. The Owner(s) will convey the real property by good and sufacicm Statutory Warranty Deed,free from all liens and cacumbrances of every nature,except a Storm Drainage and Detention Pond Easement,King Comity Recording No. 9807201047 and a Puget Sound Power & Light Company Easement;King Cody Recording No.2006974 as shown on Pacific Northwest Title Order No.290978 dated Apra 17, 1 996_ 2. The City will issue a wasmt hi the amount of S 518;592.00 as stated above,which will be deposited with pacific Northwest 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 title to the City are to be satisfied in escrow by the Owner(s) out of the Proceeds of the sale. c P=ck=and Sale Agrft rot July 23, x998 Pop I of 2 EXHIBIT "1" 4. Delivery of this Agree eat is hereby tendered- HOWEVER the terms and obligations hereof shall not become binding upon the City unless and until a resolution authorizing the aequusihon is approved by the City Council. S. Real Estate Taxes due shall]be the respcnsibiilu' y of the"Owners"up to the closing date of this agreement 6. This purchase is under the threat of and is in lien of eminent domain Owners are exempt from excise tax nailer this agreement. 7. City to provide cash payment at closing. 8- Closing of this agreement shall occur through am escrow with Pacific Northwest Tine Company of Washington on a date mutually acceptable to City and Owner and,in any event-no Ian=than 4S days from the date ofthis ageement At closing, City and owner shall deposit with escrow all funds,documears and insu-mmenu regimed hereby for delivery to the other. 9 Property is sold on as"as is"basis with no representations or Qarranties,except pursuant LO those conditions to be shown on the"owner's stant ry Warr mty Deed to the"city- Dated this day of_ TLY Igff Owner(s) R City of Auburn by- c�! � .�2PP,CSES�Ic. pp / ST£�PaJ 17 /rJ4A(4C-i0Z City REF FU\mitch\c8053 Pmr�e and Site Agieemeca July 23. 1998 Pale 2 of 2 EXHIBIT "1" N89'40'30"E 17TH ST. SE. BOUNDARY LINE ADJUSTMENT 67.28 EXHIBIT _ o o -; EXISTING ALg3LM MEADOWS CS o o LOT 'A' � EX. BLDGS. N89-40.30"E 91 N89'40'30"E 0 200.00 70.00 o ui EX1811NG uNE b N89'41'24"E z ^ REVISED 131.58 LOT 'A' 0 212,185 8F. ,°n' io 487 AC. `* rn N Lo C3 O REVISED LOT 'B' N o x�1„eaa s.F C) 3.02 AC. ADJJST1 i LM S89'44'07"W S89'53'03"W 89'46'27"W 132.14 200 135.00 i� °O o N co M Lo co co O N , N O O cn O � Z O 0 75 150 300 0 N SCALE T - 150' EXHIBIT "2" LLL M 1821572ND AVENUE SOUTH 9044 8Y M KENT, WA 98032 GOA& DCS to 1-Wl ((425) 251-6222 P @ DATE p (413) 751-8782 FAX� 12/29/97 Z ` P G4EG<ED B 4��ra rwnMnrr MSH 21ST ST. SE. 89.52' CML ENGP1fII7NC, LAND vw,NWC 5731 SURVEYING EN G&MEHfAL SEFrZh EXHIBIT "2" RECORDS MANAGEMENT ORDINANCE/RESOLUTION DISTRIBUTION ORDINANCE NO:..�_ DATE ADOPTED: RESOLUTION NO. _ ,Z EFFECTIVE DATE: RECORDING FILE: . CODE BOOK: DEPARTMENT DISTRIBUTION: FE :. - ,CONTACT kd44-d CITIZEN REQUESTS: ." :NAME '" ' ADDRESS F:CLERKNRECORMRECFORM CHARLES A BOOTH,MAYOR AUBURN CITY CLERK Danielle Daskam,City Clerk j 25 West Main, Auburn,WA 98001 Cathy Richardson,Deputy City Clerk City Clerk:(253)931-3039 Tamie Bothell,Reeords/Ucense Clerk - Business Registration:(253)931-3007 Fax:(253)288-3132 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. 2996 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2996." 1 certify that said Resolution No. 2996 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 17th day of August, 1998. Witness my hand and the seal of the City of Auburn this 18th day of November, 1998. Aasd-z� 'Danielle Daskam, City Clerk City of Auburn