HomeMy WebLinkAbout5083 (2) RESOLUTION NO. 5 0 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE ACQUISITION OF INTERESTS IN REAL
PROPERTY IN SUPPORT OF THE MILL CREEK 5K
REACH RESTORATION PROJECT AND RATIFYING
AND CONFIRMING PRIOR ACTS
WHEREAS, the Auburn City Council finds that restoration of that portion of
Mill Creek located within the City will benefit the citizens of Auburn by enhancing
flood control within the City and by improving fish habitat; and
WHEREAS, the Auburn City Council previously adopted Resolution No.
4558 authorizing the execution of a Design Agreement between the City of
Auburn and the Department of the Army for design of the Mill Creek Wetland 5K
Green Duwamish Ecosystem Restoration Project on February 12, 2010; and
WHEREAS, the design construction of the Mill Creek Wetland 5K Green
Duwamish Ecosystem Restoration Project has been completed under the Design
Agreement; and
WHEREAS, the U.S. Army Corps of Engineers has received federal
funding to complete the design for the Mill Creek Wetland 5K Green Duwamish
Ecosystem Restoration Project and construct the project; and
WHEREAS, under the Water Resources Development Act of 1986, local
governments wishing to have such projects constructed within their jurisdictions
must contribute a portion of the project design costs; and
WHEREAS, the City of Auburn has included the Mill Creek Wetland 5K
Reach restoration project in its 2014-2019 Capital Facility Plan; and
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Resolution No. 5083
July 15, 2014
Page 1 of 3
WHEREAS, in connection with this project, it is appropriate that the City
acquire property interests and easement interests to accomplish the Mill Creek
5K Reach Restoration Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to complete the
acquisition of a fee interest in real property from Willis M. Calhoun and Carolyn
M. Calhoun, d/b/a Calhoun Investment Company, a sole proprietorship, for tax
parcels 122104-9007-01, 122104-9037-05, 122104-9038-04, and 122104-9039-
03, as set forth in substantial conformity with the Purchase and Sale Agreement
attached hereto as Exhibit A..
Section 2. That the Mayor is hereby authorized to complete the
acquisition of a fee interest in real property from the Washington State
Department of Transportation, for property indentified as I/C/ Number 1-17-
10167, as set forth in substantial conformity with the Surplus Real Estate
Purchase Form attached hereto as Exhibit B, or such other form or forms as
would bind the Washington State Department of Transportation as seller thereof.
Section 3. That the Mayor is hereby authorized to complete the
acquisition of an Easement for Stream Relocation, Wetland, and Stream
Restoration and Conservation from SCG White River Corporate Park, LLC, a
Delaware Limited Liability Company, over tax parcel 122104-9035 as set forth in
substantial conformity the Easement document attached hereto as Exhibit C.
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Resolution No. 5083
July 15, 2014
Page 2 of 3
Section 4. That all prior acts consistent with this Resolution, and in
furtherance hereof, are hereby ratified and confirmed.
Section 5. That the Mayor is authorized to implement such administrative
procedures, and to take such additional administrative actions, as may be
necessary to carry out the directives of this legislation.
Section 6. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2014.
CIT OF AUBURN
NANCY US, MAYOR
ATTEST:
C
Da 'elle E. Daskam, City Clerk
APPROVED - TO FORM:
X52
1
Dbeiel B. Heid-City At orne
Resolution No 5083
July 15, 2014
Page 3 of 3
20140815000154
STEWART TITLE WD 74.00
PAGE-001 OF 003
08/15/2014 09:43
KING COUNTY, WA
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KING COUNTY, WA
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Above,ttojineresqtv- r mror d"in
g information.
W "ANTY DEED
Referince#.(if ap P licable): ........
Grantors::' Willis M.Calhoun and CVolyn M.Calhoun d/b/a/
Cilhc bv
on.
tqdnpany
Grantee: C f Aub
Legal Descriptiorys` :-.`.': L6is 2,3 4'141d"Tr6ic' t City of Auburn
Short::Plat Mimher ST-2-861 recorded under
Recording Num 8 ber 606050396
Assessor's Tax Parcel ID#: 1221.049037 12Z'
.1049038;--122104903.19, l2,2lOi9OO7
'or end i:h consideration of the sum of TEN D0LLA'RS:(f10-,00)ind-:othqr good
and id valuable consideration, receipt of which is hereby ackhqw1edged, Grahtom-,* Willis
M. Calhou'n au'd Carolyn M. Calhoun, husband and wife;*d/,b/&.:-Ca1-houh Investment
'
Company:, a sole proprietorship, hereby conveys and warrants to the C4 of Auburn, a
m cip ts:*successors and
uiii ' M corporation of-the State of Washington, Grantee herein, I
assigns, the prpperty..Iegally described and depicted in Exhibit "A," attached hereto and
-incorporated hertio'by-ibis'reference(the"Property").
IN WITNESS WHEREOF, the-parties have caused this instrument to be executed
this 13'h day of August,201'4.
Grantors:
401.
Willis M. Ca hours Car6lynk Calhoun
Date Signed: 08/13/2014 Dite Signed: 0$/13/2.014
STATE OF WASHINGTON
)ss.
County of.King
I certify that I 'know or have satisfactory evidence that Willis M. Calhoun is the person who
ared before mei-a-rid
appe, he acknowledged that he signed this instrument as his free and voluntary
act.for the usds,aM purposes mentioned in this instrument.
Patcd., August 13;`201;4
V
77
Notary Public iq and for thd State of WA
Notary C►ublic ding at.
State of Washingloo residing
ANYA WRIGHT Iv4y ap pointment expires
My Appointment Expires iliftl4,2017,
STATE OF`WA;SHINGTON
)ss.
County of King
I certify that I "ow"or have satisfactory evidence that Car6lyn tii. Calhoun isAe-person who
appeared before me, and she acknowledged that she signed this instrument her~free and
voluntary"act for the..-uses and purposes mentioned in this instrument. ............
Pated:'August 13. 2014
V
Notary Public i%and forte State of WA
Notary
.--ii§iding at M69, 4
Pubi,it
$t6f*:Rf My"appqintmint expiris-_
ARYAVRIG"T.,:
My Appointment Expires j&n 24120,1,7.
_,wow
...........
EXHIBIT A
LEGAL DESCRIPTION
LOTS 2,3.;4'AND TRACT"B"ALL OF CITY OF AUBURN SHORT PLAT NUMBER SP-2-86,
ACCORDING TO THE SHORT PLAT RECORDED JUNE 5, 1986 UNDER RECORDING NUMBER
8606650396, RECORQS:.OF KING COUNTY,WASHINGTON.
SITUATE IN THt'COUNTY OF. KING,-'STA'T�':.OF WASHINGTON.
L
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT ("Agreement") is entered into as of the
-2—1 s'day of T , 2014, by and between the CITY OF AUBURN, a Washington
municipal corporation, as Seller ( "City" or "Buyer"), and Willis M. Calhoun and
Carolyn M. Calhoun d/b/a/ Calhoun Investment Company, a sole proprietorship
(hereinafter the "Seller").
RECITALS
A. The Seller is the owner of certain real property and all improvements
thereon ("Property") located in the City of Auburn, County of King, Washington,
commonly known as the Calhoun property, which is legally described as follows:
Lots 2, 3, 4 and Tract "B" of City of Auburn Short Plat Number SP-2-86,
recorded under Recording Number 8606050395
B. Seller desires to sell the Property to City, on the terms and conditions set
forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, Buyer and Seller hereby agree
as follows:
1. Certain Defined Terms. For purposes of this Agreement, the terms set forth
below shall have the meaning assigned to them:
1.1 "Closing" or "Close of Escrow" means the recordation of the Deed in the Official
Records and Seller's receipt of the Purchase Price.
1.2 "Closing Date"means any mutually agreeable date on or before August 15, 2014.
1.3 "Escrow" means the escrow opened with Escrow Agent for the consummation of
the transaction described in this Agreement.
1.4 `Escrow Agent" means Natalie Evans of Stewart Title Company (206.770.8821)
whose address is 1420 5th Avenue, Suite 500, Seattle, WA 98 10 1.
1.5 "Official Records" means the official real property records of King County,
Washington.
1.6 "Opening of Escrow" means the date a fully executed copy of this Agreement is
deposited with Escrow Agent.
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7.09.14
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1.7 "Mutual Acceptance" shall mean the date when the last counteroffer is signed by
the offeree, and the fully-signed counteroffer has been received by the offeror, his or her
broker, or the licensed office of the broker. No acceptance, offer or counteroffer from the
Buyer is effective until a signed copy is received by the Seller. No acceptance, offer or
counteroffer from the Seller is effective until a signed copy is received by the Buyer.
Either party may withdraw its offer/counteroffer upon written notice delivered to the
other party at any time prior to Mutual Acceptance
1.8 "Permitted Exceptions"has the meaning as set forth in Section 5.3 below.
1.9 "Purchase Price"has the meaning as set forth in Section 3.
1.10 "Title Company"means Stewart Title Company.
1.11 "Title Policy" means a standard coverage owner's policy of title insurance issued
by the Title Company to Buyer with coverage in the amount of purchase price, showing
title to the Property vested in Buyer subject only to the Permitted Exceptions.
2. Purchase and Sale. The Seller agrees to sell to City, and City agrees to purchase
from Seller, the Property upon the terms and conditions set forth in this Agreement. Title
to the Property shall be conveyed by a Statutory Warranty Deed in the form attached
hereto as Exhibit A (the "Deed"), subject only to the permitted exceptions set forth in
Section 5.3.
3. Purchase Price; Cash Payment. The total purchase price for the Property (the
"Purchase Price") shall be Five Hundred Thousand Dollars and no cents ($500,000.00).
Payment shall be made via a wire transfer or check for Two Hundred Fifty Thousand
Dollars and no cents ($250,000.00), and a Promissory Note in the form attached as
Exhibit B for Two Hundred Fifty Thousand Dollars and no cents ($250,000.00), payable
on January 15, 2015.
4. Earnest Money Deposit. On execution of this Agreement, Buyer shall deposit
with Escrow Agent One Thousand Dollars and no cents ($1,000.00) in cash (the
"Deposit"), which shall be held by Escrow Agent as an earnest money deposit hereunder.
The Deposit shall be held in Escrow and applied or disposed of by Escrow Agent as
provided herein. Escrow Agent shall place the Deposit in an interest-bearing account
approved by City and Buyer and all interest earned thereon shall be added to and become
a part of the Deposit.
5. Due Diligence.
5.1
Due Diligence Contingency. Buyer shall have the right for a period of ten (10) days
commencing on the date of Mutual Acceptance of the Agreement (the "Due Diligence
Calhoun Property Acquisition
7.09.14
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Period") to conduct Buyer's due diligence review, examination and inspection of all
matters pertaining to its acquisition of the Property, including such inspections, tests, and
surveys as Buyer deems appropriate to determine the suitability of the Property for
Buyer's intended use; and including such appraisals, comparisons, and valuations as
Buyer deems appropriate to determine the suitability of the Purchase Price. Buyer's
obligation to purchase the Property shall be contingent upon its approval of such Property
after conducting its due diligence review (the"Due Diligence Contingency").
(a) Approval & Waiver of Due Diligence. If, based upon Buyer's
review, examination and inspection, Buyer shall determine in its sole discretion that it
intends to acquire the Property, then Buyer shall promptly notify Seller of such
determination in writing prior to the expiration of the Due Diligence Period, whereupon
Buyer's Due Diligence Contingency shall be deemed satisfied and waived, the Earnest
Money shall become nonrefundable (except as otherwise expressly provided in this
Agreement), and Buyer shall proceed to Closing.
(b) Disapproval & Exercise of Due Diligence Contingency. If Buyer
deems the Property to be unsatisfactory as a result of any of the above inspections in
Buyer's sole and absolute discretion, or if Seller fails to provide Buyer with any of the
items required to be provided by Seller to Buyer under this Section, on condition that
Buyer turn s over to Seller a full and complete copy of all studies, investigations, surveys,
tests, and other written reports performed by Buyer and/or its agents during the Due
Diligence Period in Buyer's possession, then Buyer may terminate this Agreement in
writing at any time during the Due Diligence Period, in which event the Earnest Money
shall be returned to Buyer as Buyer's sole and exclusive remedy. If Buyer fails to timely
provide Seller such written notice of Buyer termination under the Due Diligence
Contingency, then Buyer shall (i) be deemed to have approved its Due Diligence, (ii)
proceed to Closing, and (iii) the Earnest Money shall be nonrefundable (except as
otherwise expressly provided under this Agreement).
5.2 Title.
5.2.1 Condition of Title. Unless otherwise specified in this Agreement, title to
the Property shall be marketable at Closing. The following shall not cause the title to be
unmarketable: rights, reservations, covenants, conditions and restrictions, presently of
record and general to the area; easements and encroachments, not materially affecting the
value of or unduly interfering with Buyer's reasonable use of the Property; and reserved
oil and/or mining rights. Monetary encumbrances or liens not assumed by Buyer, shall
be paid or discharged by Seller on or before Closing; provided that, Seller shall not be
required to incur any out-of-pocket expenses or liability other than payment of monetary
encumbrances or liens not assumed by Buyer, and proration of real property taxes.
5.2.2 Title Commitment. Promptly after mutual execution of this Agreement, at
Buyer's sole cost and expense, Buyer may obtain a standard coverage owner's policy of
preliminary title insurance cominitment covering the Property from the Title Company
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7.09.14
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(the "Commitment") together with copies of all recorded documents listed as special
exceptions therein. Buyer shall pay any title cancellation fee(s), in the event such a fee is
assessed. Approval by Buyer of the exceptions to title set forth in the Commitment(other
than as hereinafter set forth) shall be a condition precedent to Buyer's obligation to
purchase the Property; PROVIDED THAT, unless Buyer gives written notice that it
disapproves the exceptions to title shown on the Commitment (other than the exceptions
to title approved by Buyer and described in Section 5.3 below), stating the exceptions so
disapproved, not later than August 8, 2014, Buyer shall be deemed to have approved such
exceptions.
If any new title matters are disclosed in a supplemental title report, then the
preceding termination, objection and waiver provisions shall apply to the new title
matters except that Buyer's notice of objections must be delivered within three (3) days
of delivery of the supplemental report and Seller's response or Buyer's waiver must be
delivered within three (3) days of Buyer's notice of objections. The Closing Date shall
be extended to the extent necessary to permit time for these notices.
If Buyer disapproves any title exceptions, Seller shall have a three (3) day period
after its receipt of Buyer's written notice of disapproval of the same within which to
provide written notice to Buyer as to which of such disapproved title exceptions the
Seller agrees to remove (or cause to be removed) from title; provided that, to the extent
Seller agrees to remove such exception(s), Seller shall not be required to actually remove
such exception(s) until Closing. If, for any reason, Seller's notice given pursuant to the
immediately preceding sentence does not covenant to remove all of Buyer's disapproved
title exceptions at or prior to Closing, Buyer shall have the right to terminate this
Agreement by written notice to Seller and Escrow Agent given within two (2) days after
the earlier of the expiration of such two (2) day period or the date Seller informs Buyer
that it does not intend to remove the disapproved items (the "Tennination Notice").
Buyer's failure to deliver the Termination Notice within such two (2) day period shall be
deemed Buyer's approval of any such previously disapproved title exception. If Buyer
delivers the Termination Notice within such two (2) day period, the obligation of Seller
to sell, and Buyer to buy, the Property as herein provided shall terminate and the Earnest
Money shall be returned to Buyer. Buyer shall have the option to waive the condition
precedent set forth in this Section by written notice to Seller. In the event of such waiver,
such condition precedent shall be deemed satisfied.
5.3 Permitted Exceptions. In addition to such other exceptions to title as may be
approved by Buyer pursuant to the provisions of Section 5.2 above, Buyer shall accept
title to the Property subject to the following (collectively, the "Permitted Exceptions"):
5.3.1 The printed exceptions which appear in the standard coverage owner's policy of
title insurance issued by Title Company in the State of Washington; and items created by,
or on behalf of, Buyer.
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7.09.14
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5.4 No New Leases or Contracts. Prior to Closing, Seller shall not enter into any new
leases, contracts or agreements affecting the Property without the prior written consent of
Buyer, except the Seller may enter into interim contracts or agreements in connection
'With the management, maintenance, repair or preservation of the Property in the normal
course of business if each such contract or agreement expires or is tenninated at or prior
to Closing.
6. Buyer's Right of Entry. Buyer, and its agents and consultants, at Buyer's sole
expense and risk, may enter the Property during the term of this Agreement at reasonable
times scheduled in advance with Seller for the purpose of Buyer's due diligence study of-
the Property. Buyer shall (a) exercise care at all times on or about the Property, and (b)
take precautions for the prevention of injury to persons or damage to property on or about
the Property. Buyer shall keep the Property free from all mechanics', materialmen's and
other liens, and all claims thereof, arising from any work or labor done, services
performed, or materials and supplies furnished in with Buyer's actions in the exercise of
its right of entry on the Property, and Buyer shall indemnify and defend Seller against
and hold Seller harmless from all such liens and claims.
7. Closing.
7.1 Time for Closing. This purchase and sale shall be closed in the office of Escrow
Agent on the Closing Date. Buyer and Seller shall deposit in Escrow with Escrow Agent
by 12:00 p.m. all instruments, documents and monies necessary to complete the sale in
accordance with this Agreement. Funds held in reserve accounts pursuant to escrow
instructions shall be deemed, for purposes of this definition, as available for disbursement
to Seller.
7.2 Closing Costs.
7.2.1 Seller's Costs. Seller shall pay any commissions due to its brokers or agents.
7.2.2 Buyer's Costs. Buyer shall pay (a) all escrow fees and costs, (b) the recording
fees for the Deed, (c) Buyer's and Seller's share of prorations, if any and, (d) all
premiums charged. for basic coverage for the Title Policy and any additional
endorsements or coverage Buyer may require, including applicable sales tax.
7.2.3 Other Costs. Buyer and Seller shall each pay its own legal fees and fees of its
own consultants. All other costs and expenses shall be paid by Buyer.
7.3 Real Property Taxation. Seller shall be responsible for all real property taxes due
and owing prior to the Closing.
7.4 Closing Documents.
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7.09.14
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7.4.1 Seller's Documents. At Closing, Seller shall deliver to Escrow Agent the
following instruments and documents:
7.4.1.1 The executed and acknowledged Deed in the form attached hereto as
Exhibit"A," conveying the Property to Buyer;
7.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and
7.4.1.3 An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
7.4.2 Buyer's Documents. At Closing, Buyer shall deliver to Escrow Agent the
following funds, instruments and documents:
7.4.2.1 The balance of the Cash Purchase Price in accordance with Section 3;
7.4.2.2 An executed Promissory Note in the form attached hereto as Exhibit"B."
7.4.2.3 The executed real estate excise tax affidavit referenced in Section 8.4.1.2
above.
7.5. Possession. Buyer shall be entitled to possession of the Property upon Closing.
7.6 Buyer's Conditions for Closing. Notwithstanding any other provision of this
Agreement, Buyer shall not be required to purchase the property unless all of the
following conditions are satisfied:
7.6.1 Execution of Green/Duwamish Mill Creek Wetland 5k Partnership Project
Agreement between the City of Auburn and the U.S. Army Corps of Engineers;
7.6.2 Written confirmation from the Washington State Department of Transportation
that it has received and accepted the City's request to purchase Tax Parcel No. 122104-
9011-05.
7.6.3. Adoption of a Resolution of the Auburn City Council approving the purchase and
ratifying and confirming the Mayor's actions in connection with this Agreement.
S. Reserved.
9. Title Insurance. As soon as available after Closing, Buyer shall obtain the Title
Policy, dated as of the Closing Date, subject only to the Permitted Exceptions.
10. Representations and Warranties.
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10.1 Seller's Representations and Warranties. In addition to any other representations
or warranties of City elsewhere in this Agreement, Seller represents and warrants to
Buyer now, and as of the Date of Closing, that:
10.1.1 Authority. That the Seller has full power and authority to execute this Agreement
and perform Seller's obligations hereunder, and all necessary action to authorize this
transaction has been taken, except as specifically provided herein.
10.1.2 Hazardous Substances. Seller has not received notification of any kind from any
governmental agency suggesting that the Property is or may be targeted for a Hazardous
Substances cleanup; to the best of Seller's knowledge the Property has not been used (a)
for the storage, disposal or discharge of oil, solvents, fuel, chemicals or any type of toxic,
dangerous, hazardous or biological waste or substance (collectively, "Hazardous
Substances"), or (b) as a landfill or waste disposal site; to the best of Seller's knowledge
the Property has not been contaminated with any Hazardous Substances; and to the best
of Seller's knowledge, there are no underground storage tanks on the Property.
10.3 Tax and other Legal Consequences.
10.3.1 Seller has requested that payment be made via an initial cash payment, and a
promissory note that is due in 2015. Seller acknowledges that all prorations, taxes, and
other payments will be deducted at closing.
10.3.2 Seller acknowledges that Buyer has made no representations regarding the tax
consequence or any other legal effects upon Seller based on Seller's requested payment
method.
10.3.3. Seller acknowledges that Buyer has recommended that Seller consult with
independent legal counsel of Seller's own choosing regarding this Agreement, and that
Buyer has specifically recommended that Seller seek independent legal and tax
accounting advice regarding Seller's requested payment method.
10.3.2 Seller will defend, indemnify and hold Buyer and Escrow Agent harmless from
any claims resulting from this payment distribution instruction. This Section 10.3 shall
survive using.
Seller's Initials
10.2 Buyer's Representations and Warranties. In addition to any other representations
and warranties of Buyer elsewhere in this Agreement, Buyer represents and warrants to
Seller now, and as of the Date of Closing that, subject to Section 7.6.3 of this Agreement
(a) Buyer has full power to execute, deliver and carry out the teens and provisions of this
Agreement, and has taken all necessary action to authorize the execution, delivery and
performance of this Agreement; and (b) the individual executing this Agreement on
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7.09.14
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i
behalf of Buyer has the authority to bind Buyer to the terms and conditions of this
Agreement.
10.3 "AS IS" CONDITION OF PROPERTY. THE PURCHASE PRICE REFLECTS
THAT THE PROPERTY IS BEING PURCHASED BY BUYER ON AN "AS IS"
"WHERE IS" AND "WITH ALL FAULTS" BASIS, EXCEPT TO THE EXTENT OF
REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE BY SELLER
HEREIN OR IN THE DEED OR OTHER DOCUMENTS TO BE DELIVERED BY
SELLER AT CLOSING. BUYER HEREBY WAIVES AND RELINQUISHES ALL
RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT TO, ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE
DEEMED TO HAVE BEEN MADE OR GIVEN, BY SELLER OR ITS
REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO ANY BROKER,
EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS
SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED
AND DELIVERED BY SELLER AT CLOSING.
EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET
FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE
EXECUTED AND DELIVERED BY SELLER AT CLOSING, BUYER HAS NOT
RELIED UPON AND WILL NOT RELY UPON, AND SELLER EXPRESSLY
DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO,
AND SHALL HAVE NO LIABILITY FOR: (I) THE CONDITION OF THE
PROPERTY OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS
LOCATED THEREON OR THE SUITABILITY THEREOF FOR HABITATION,
OCCUPANCY OR FOR BUYER'S INTENDED USE OR FOR ANY USE
WHATSOEVER; (II) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR
REGULATIONS OR WITH RESPECT TO COMPLIANCE THEREWITH OR WITH
RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED
PERMITS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (III) THE
AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY
RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (IV)
ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER SYSTEM; (V) THE
FACT THAT ALL OR A PORTION OF THE PROPERTY MAY BE LOCATED ON
OR NEAR AN EARTHQUAKE FAULT LINE; OR (VI) EXCEPT AS SPECIFICALLY
SET FORTH ABOVE, THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN
ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT
LIMITATION ASBESTOS OR FORMALDEHYDE, OR THE PRESENCE OF ANY
ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER
THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR
WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY
DOCUMENTS TO BE EXECUTED AND DELIVERED BY SELLER AT CLOSING,
SELLER SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE
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CONDITION OF THE PROPERTY UNDER COMMON LAW, OR ANY FEDERAL,
STATE, OR LOCAL LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT OF 1980 AS AMENDED, 42 U.S.C.A. SECTIONS 9601 ET SEQ.,
AND THE WASHINGTON MODEL TOXICS CONTROL ACT ("MTCA"), RCW
70.105D. BUYER HEREBY RELEASES AND WAIVES ANY AND ALL CLAIMS
WHICH THE BUYER HAS OR MAY HAVE AGAINST SELLER UNDER ANY OF
THE FOREGOING LAWS OR WITH RESPECT TO THE CONDITION OF THE
PROPERTY, EXCEPT TO THE EXTENT OF ANY CLAIMS BUYER MAY HAVE
ARISING FROM ANY EXPRESS REPRESENTATIONS, WARRANTIES OR
COVENANTS OF SELLER UNDER THIS AGREEMENT OR ANY DOCUMENTS
TO BE EXECUTED AND DELIVERED BY SELLER AT CLOSING. BUYER
ACKNOWLEDGES TO SELLER THAT BUYER IS GIVEN THE OPPORTUNITY
UNDER THIS AGREEMENT TO FULLY INSPECT THE PROPERTY AND BUYER
ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND
CONDITIONS, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT
CANNOT BE OBSERVED BY CASUAL INSPECTION, SUBJECT TO THE
EXCEPTION OF RIGHTS EXPRESSLY SET FORTH ABOVE.
BUYER:
11. Maintenance of Property; Risk of Loss, Condemnation.
11.1 Maintenance of Property. From the date of this Agreement until the Closing Date
(or any earlier termination of this Agreement), Seller agrees to maintain the Property in
substantially the same condition existing as of the date hereof, ordinary wear and tear,
damage by casualty excepted.
11.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements on
the Property shall be borne by Seller at all times and no event of casualty or damage shall
affect the parties' obligations hereunder or the Purchase Price, however, Buyer shall have
the right to receive any insurance proceeds due Seller in connection with any casualty or
damage and Seller hereby covenants to maintain commercially reasonable casualty
insurance in place with respect to the Property at all times prior to Closing.
12. Default.
12.1 Time of Essence. Time is of the essence of this Agreement.
Calhoun Property Acquisition
7.09.14
Page 9of15
12.2 Seller's Remedies for Buyer's Default or Failure to Close. If Buyer fails, without
legal excuse, to complete the purchase of the Property in accordance with this
Agreement, Seller's sole and exclusive remedy shall be to retain the Deposit as liquidated
damages. Buyer expressly agrees that the retention of the Deposit by Seller represents a
reasonable estimation of the damages in the event of Buyer's default and failure to close
hereunder, that actual damages may be difficult to ascertain and that this provision does
not constitute a penalty. In this respect, Buyer and Seller acknowledge that these
damages have been specifically negotiated between Buyer and Seller and are, inter alia,
to compensate Seller for delaying the eventual sale of the Property and to compensate
Seller or its costs and expenses associated with this Agreement. Buyer hereby waives the
rights and benefits of any law, rule, regulation or order now or hereafter existing that
would allow Buyer to claim a refund of the Deposit as unearned earnest money, a penalty
or for any other reason except default by Seller.
12.3 Buyer's Remedies for Seller's Default. If Seller fails to complete the sale of the
Property in accordance with this Agreement, Buyer shall have and may enforce the
following exclusive remedies: (a) seek specific performance; (b) terminate this
Agreement, receive a refund of the Deposit and recover from Seller all of Buyer's actual
third-party costs and expenses incurred by it in connection with the transaction and the
Project; or(c) seek rescission of this Agreement and receive a refund of the Deposit.
13. Notices. All notices, demands and other communications required or permitted to
be given hereunder shall be in writing, and shall be sent by personal delivery (including
by means of professional messenger or courier service) or registered or certified mail,
postage-prepaid, return-receipt requested, or by email at the addresses provided herein.
Notice shall be deemed to have been given if personally delivered or sent by email, upon
receipt, if sent by snail, two (2) days after duly deposited in the U.S. Mail to all of the
addresses designated for such party.
The parties' respective addresses for notices are as follows:
If to City: City of Auburn
Community Development and Public Works Department
25 West Main Street
Auburn, WA 98001-4998
Attn: Chris Andersen, Environmental Services Manager
Email: candersen a,auburnwa.gov
With copies to: City Attorney's Office
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Attn: City Attorney
Email: dheidaauburnwa.gov
Calhoun Property Acquisition
7.09.14
Page 10 of 15
If to Seller:
Willis Calhoun
29241 229a'Avenue SE
Black Diamond, WA 98010-1248
Notice of change of address shall be given by written notice in the manner detailed in this
Section 13.
14. General.
14.1. Entire Agreement. This is the entire agreement of Buyer and Seller with respect to
the matters covered hereby and supersedes all prior agreements between them, written or
oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any
waivers hereunder must be in writing. No waiver of any right or remedy in the event of
default hereunder shall constitute a waiver of such right or remedy in the event of any
subsequent default. This Agreement shall be governed by the laws of the State of
Washington. Venue for disputes under this agreement shall lie with the Superior Court of
King County, Washington.
14.2 No Third Party Beneficiaries/Severability. This Agreement is for the benefit only of
the parties hereto and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties hereto. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision hereof. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
15. Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the
terms of this Agreement, the prevailing party therein shall be entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys' fees, including
fees incurred at trial, on any appeal and in any petition for review.
16. Exclusivity. During the tenn of this Agreement Seller shall not market nor list the
Property for sale, nor accept any offers from third parties with respect to sale of the
Property.
17. Reservation of Police Power. Notwithstanding anything to the contrary set forth
herein, Seller understands and acknowledges that the City's authority to exercise its
police (regulatory) powers in accordance with applicable law shall not be deemed limited
by the provisions of this Agreement.
Calhoun Property Acquisition
7.09.14
Page 11 of 15
19. Exhibits. Exhibits A and B attached hereto are incorporated herein as if fully set
forth.
SIGNED in duplicate original as of the date first above written.
CITY OF AUBURN SELLER
Calhoun Investment Company
Nancy Is, Mayor Willis M. Calhoun, Owner
Attest: By
Car Calhoun, Owner
Danielle Daskam, City Clerk
Appro as t form:
6amel B. Heid, Auburn City Attorney
EXHIBITS
Exhibit A, Warranty Deed
Exhibit B, Promissory Note
Calhoun Property Acquisition
7.09.14
Page 12 of 15
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
WARRANTY DEED
Reference#(if applicable): N/A
Grantors: Willis M. Calhoun and Carolyn,M. Calhoun d/b/a/
Calhoun Investrimenf Company,atisole proprietorship
Grantee: City of Auburn'
Legal Description/STR: Lots 2, 3, 4 and4ract "B" of City of Auburn
Short Plat Number SP=2.'86;arecorded under
Recording Numl'br.8606.050395;
Assessor's Tax Parcel ID#: 1221049037, 1221.04903,8;,11.221,0.49039, 1221049007
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, Grantors, Willis
and Carolyn Calhoun, hereby conveys and warrants to the City of Auburn, a municipal
corporation of the State of Washington, Grantee herein, its successors and assigns, the
property legally described and depicted in Exhibit "A," attached hereto and incorporated
herein by this reference (the"Property").
IN WITNESS WHEREOF, the pa 'es ve caused this instrument to be executed
by its proper officer(s) this —�/`aay of , 2014.
Grantors:
Calhoun Investment Company, a sole
proprietorship,
By:
Willis M. Calhoun, Owner Car`olynMM..Calhoun, Owner
Date Signed: Date--S gned:
JtftVC2 :.
Calhoun Property Acquisition
7.09.14
Page 13 of 15
STATE OF
)ss.
County of )
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that Willis Calhoun is the person who appeared
before me, and he acknowledged that he signed this instrument as his free and voluntary act for the
uses and purposess entio d in this instrument.
Dated �' —
q
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�1S�lOa,bry"
s �OTq � Notary Public i d for the Stat
• � residing ate m
s , LiG
X""09.
C0: = My appointment expires
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STATE OF
)ss.
County o )
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that Carolyn Calhoun is the person who appeared
before me, and she acknowledged that she signed this instrument as her free and voluntary act for the
uses and purposes entioned in this instrument.
Dated
'off"
A.
$ • - Notary Public in d for th8 St of
'off �, residing at o
Og 0� My appointment expires D
4$0,P NWAS �G
Exhibit A—Legal Description.
Calhoun Property Acquisition
7.09.14
Page 14 of 15
Exhibit B—Form of Promissory Note
$250,000.00 Auburn, Washington
2014
FOR VALUE RECEIVED, the CITY OF AUBURN, a Washington municipal
corporation ("Maker"), promises to pay to the order of Willis and Carolyn Calhoun
("Holder"), the sum of Two Hundred Fifty Thousand Dollars and no/cents ($250,000.00)
on January 15, 2015;
If Holder retains an attorney for collection of amounts due pursuant to this Note, or if
Holder brings suit to collect any amounts due on this Note, Buyer.shall pay reasonable
attorney's fee and costs. This Note shall bear simple interest at the rate of twelve percent
(12%)per annum after default.
CITY OF AUBURN
A Washington Municipal Corporation
ancy B c , Mayor
Attest:
Q�
Danielle Daskam, City Clerk
Ap ov d as orm:
aniel B. Heid, Auburn City Attorney
Calhoun Property Acquisition
7.09.14
Page 15 of 15
July 18, 2014
Willis and Carolyn Calhoun,dba
Calhoun Investment Company
29241 229th Avenue SE
Black Diamond,WA 98010
Nancy Backus, Mayor
City of Auburn
25 West Main Street
Auburn,WA 98001
Subject: PURCHASE AND SALE TRANSACTION, REAL ESTATE BROKER DISCLOSURES
This is a disclosure relating to a purchase and sale transaction for the following real property: 1500, 1502, 1504,
2400 West Valley Highway N., Auburn, King County, Washington, Assessor's Tax Parcel Numbers 1221049037,
1221049038, 1221049039, 1221049007.
Owner/Sellers:Willis M.Calhoun and Carolyn Calhoun, dba Calhoun Investment Company
Buyer: Nancy Backus,for the City of Auburn
LICENSEE DISCLOSURE:
Christopher J. Andersen (Licensee) is licensed as a Real Estate Broker by the State of Washington. License
information is provided below:
Name: ANDERSEN,CHRISTOPHER J
License Type: Real Estate Broker License Number: 89449 License Status: Inactive
First Issued Date: Feb 28 2006 License Issued: Oct 112013 Expiration Date: Oct 112015
AGENCY DISCLOSURE:
Licensee is acting within his capacity as an employee of the City of Auburn in the position of Environmental
Services Manager, and is not receiving a real estate commission or other compensation from any party for his
role in this transaction beyond his regular salary compensation as a City of Auburn employee. As required by
Chapter 18.86.030 Revised Code of Washington (RCW), Licensee discloses that he is acting on behalf of and
represents his employer,the City of Auburn (Buyer).
Licensee: Buyer:
_ JUL 21 2014
Christopher Andersen Date ancy Ba s, City of Auburn Date
Owners/Sellers:
Willis M. Calhoun Date Caro. Calhoun Date
Exhibit B
SURPLUS REAL ESTATE PURCHASE FORM
FOR: Purchase ofl/C Number 1-17-10167
PURCHASE AMOUNT: $70,500
$ 70.500.00 submitted in payment of the following:
Cash Sale
X Payment in full. (Required if purchase plice is $1,000.00 or less).
10% non-refundable surety deposit when purchase amount is over$1,000.00. Balance is
due and payable in approximately 60 days. A notice will be sent requesting payment.
$5,000 Nonrefundable deposit. Balance is due and payable in approximately 60 days. A
notice will be sent requesting payment.
Real Estate Contract Sale
10% non-refundable surety deposit/down payment when purchase price is over
$2,500.00, and you wish to pay balance by Real Estate Contract. (Also include
completed Application for Real Estate Contract.) Real Estate Contracts are not available
for sales under$2,500.00.
Note: If the property is improved, a 15% down payment is required and will be requested prior
to closing.
PLEASE MAKE CHECK OR MONEY ORDER PAYABLE TO:
DEPARTMENT OF TRANSPORTATION
FULL NAME DESIRED ON TITLE: CITY OF AUBURN
JUL 2 1 2014
Signature PL rchaser Date
253-931-30
Telephone Number
ALL SALES REQUIRE A 10%NON-REFUNDABLE SURETY DEPOSIT. FOR CONTRACT SALES
OF UNIMPROVED PROPERTY, THE SURETY DEPOSIT WILL BE THE DOWN PAYMENT.
RES 406
Revised 220 11
i
��
When Recorded Mail to: Exhibit C
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Tax Parcel ID#: 122104-9035
EASEMENT FOR STREAM RELOCATION, WETLAND AND STREAM,
RESTORATION,AND CONSERVATION
This Easement for Stream Relocation, Wetland and Stream, Restoration, and
Conservation (this "Easement") is entered into as of this day of , 2014 by
SCG White River Corporate Park, LLC, a Delaware limited liability company ("Grantor"), to I
the City of Auburn, a Washington municipal corporation("Grantee").
RECITALS
1
This Easement is entered into by Grantor and Grantee on the basis of the following {
recitals:
A. Grantor is the sole owner in fee simple of the real property consisting of
approximately 19.0 acres of land located in King County, Washington ("Whole Property")
legally described in Exhibit A, attached to and made a part of this Easement. Grantor desires to j
convey and Grantee desires to purchase an easement for stream relocation and enhancement and i
wetland restoration and enhancement and for conservation over, under and across a portion of
the Whole Property consisting of approximately 1.9 acres of land ("Protected Property"), i
which is legally described in Exhibit B attached hereto and made a part of this Easement. A
map of the Protected Property is attached, and made apart of this Easement, as Exhibit C.
B. Subject to permit approval by regulatory agencies, Grantee intends to perform or
authorize the Ariny Corps of Engineers or its contractor to perform certain restoration work
(collectively, the "Construction Activities") as part of the Green-Duwamish Ecosystem
Restoration Project authorized by Congress under Section 101(b)(26) of the Water Resources
Development Act of 2000, Public Law 106-51, and in accordance with the terms and conditions
of the Project Partnership Agreement Between the Department of the Army and the City of
Auburn for Construction of the Duwamish/Mill Creek Wetland 5K Reach Ecosystem Restoration
Project as authorized by Resolution No. 4959 of the City Council of the City of Auburn,
Washington, including but not limited to: survey, site preparation, stream relocation, removal of
invasive non-native vegetation, planting of native riparian vegetation, streambank stabilization,
installation of large woody debris and other activities associated with stream relocation and
stream and wetland restoration and enhancement.
OHSUSA:758419800.2 1
9999-13901
(b) To enter upon the Whole Property in order to have unimpeded access to, in and
through the Protected Property for the purposes of exercising or monitoring the
rights granted in this Easement provided that such entry shall be upon prior
reasonable notice to Grantor, and Grantee shall not in any case unreasonably
interfere with Grantor's quiet use and enjoyment of the Protected Property, except
in cases where Grantee determines that immediate entry is required to prevent,
terminate, or mitigate a violation of this Easement.
(c) To authorize the United States of America, acting through the Department of the
Army Corps of Engineers, its representatives, agents and contractors to make fiill
use of the Easement to the same extent as Grantee.
(d) To allow persons or groups, including Grantee, to enter upon the Protected
Property for scientific and educational purposes at mutually agreeable dates and
times and upon not less than 10 days prior notice to grantor, and to allow passive
recreational use and activities, provided that such passive recreational use and
activities do not interfere with the activities of Grantor or its assignees. Grantee
may create a pathway for passive recreational use provided that Grantee
minimizes impacts to natural and restored features of the Protected Property and
obtains Grantor's prior approval; and
(e) To prevent any activity on or use of the Protected Property that is inconsistent
I
with the purpose of this Easement and to require the restoration of such areas or j
features of the Protected Property that may be damaged by any inconsistent
activity or use.
4. Prohibited Uses and Activities.
After the Construction Activities have commenced, Grantor shall be prohibited, except as
authorized in Section 5 of this Easement, from in any way disturbing, altering, developing, using
or otherwise impacting the Protected Property and the natural or restored features therein.
5. Reserved Rights.
Grantor reserves to itself the right to undertake the following uses and activities within the
Protected Property:
(a) EDnergencies. The right to undertake other activities necessary to protect public
health or safety, or which are actively required by and subject to compulsion of
any goverrmzental agency with authority to require such activity.
(b) Recreational Use. The right to allow passive recreational use and activities,
provided that such passive recreational use and activities do not interfere with the
activities of Grantee or its assignees authorized by Sections 1 and 3 of this
Easement. Grantor may, consistent with this Section 5(b), create a pathway for
passive recreational use provided that Grantor minimizes impacts to natural and
restored features of the Protected Property and obtains Grantee's prior approval.
OHSUSA:758419800.2 3
9999-13901
interest in and to this Easement, to any governmental, quasi-governmental, or
municipal entity.
(b) Notice of Transfer of Protected Proper . Anytime the Protected Property itself,
or any interest in it is transferred by Grantor to a third party, Grantor, its
successors and assigns, shall notify Grantee in writing, and the document of
conveyance shall expressly refer to this Easement.
10. Modification.
This Easement may only be modified by agreement of the parties hereto. All modifications shall
be in writing, signed by both parties and recorded in the real property records of King County.
11. Inteipretation.
This Easement shall be interpreted under the laws of Washington, resolving any ambiguities and
questions of the validity of specific provisions so as to give maximum effect to its restoration
purposes. !
f
12. Perpetual Duration.
The Easement created by this Easement shall be a servitude running with the land in perpetuity.
Every provision of this Easement that applies to Grantor or Grantee shall also apply to their
respective agents, heirs, executors, administrators, assigns, and all other successors as their
interests may appear.
13. Notices.
1
Any notices required by this Easement shall be in writing and shall be personally delivered or
sent by first class mail to Grantor and Grantee respectively at the following addresses, unless a
party has been notified in writing by the other of a change of address.
To Grantor: j
SCG White River Corporate Park, LLC
c/o Stockbridge Capital Group
4 Embarcadero Canter, Suite 3300
San Francisco, California 94111
To Grantee:
City of Auburn
25 West Main Street
Auburn, Washington, 98001-4998
14. S'everability.
If any provision of this Easement is found to be invalid, illegal or unenforceable, that finding
shall not affect the validity, legality or enforceability of the remaining provisions.
OHSUSA:758419800.2 5
9999-13901
Grantee:
City of Auburn,
a Washington Municipal Corporation:
By:
Nancy B c 1 ,Mayor
STATE OF WASHINGTON
COUNTY OF KING
On this,2!day of 2014, before ine personally appeared Nancy
Backas, to me known to be tl e Ma or of the City of Auburn that executed the within and
foregoing instruunent, and acknowledged said instrument to be the free and voluntary act and
deed of the City, for the uses and purposes therein mentioned, and on oath stated that she was
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above
writt� n���
Notary-Public in and for the „ . q
State of Washington,residing at = Ws9roN FfiA,��' ��♦
OTA
City and State ® _ • �'
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bOF,W As�;��
My appointment expires �Qd
OHSUSA:758419800.2 8
9999-13901
EXHIBIT A
LEGAL DESCRIPTION OF WHOLE PROPERTY
That portion of Lots 1 and 4, City of Auburn Short Plat Number SP-3-86, recorded under
Recording Number 8606050397, in King County, Washington, described as follows:
That portion of the Northwest quarter of the Northwest quarter of Section 12, Township 21
North, Range 4 East,Willamette Meridian,in King County, Washington, described as follows:
Commencing at the Northwest confer of said Northwest quarter;
Thence South 86°21'31" East along the North line of said Northwest quarter 562.39 feet to the
true point of beginning;
Thence South 03°38'29" West 421.00 feet;
Thence North 86°21'31" West 508.35 feet to the East line of the West 36.00 feet of said
Northwest quarter;
Thence South 01°11'27" West along said East line 60.06 feet;
Thence South 86°21'31" East 500.46 feet to the East line of the West 536.00 feet of said
Northwest quarter; i
Thence South 01°11'27" West along said East line of the West 536.00 feet a distance of 779.26 i
feet to the North line of the South 60.00 feet of said Northwest quarter of the Northwest quarter;
Thence North 86°23'05" West parallel with the South line of said Northwest quarter of the
Northwest quarter 500.45 feet to the East line of the West 3 6.00 feet of said Northwest quarter;
i
Thence South 01°11'27" West along said East line of the West 36.00 feet a distance of 60.06
feet to the South line of said Northwest quarter of the Northwest quarter;
Thence South 86°23'05" East along said South line 851.91 feet to a point 180.03 West, as
measured along the South line of said Northwest quarter of the Northwest quarter, of the West
margin of SR 167 as condemned in King County Superior Court Cause Number 718903;
Thence North 04°42'02" East parallel with the said West margin 145.00 feet;
Thence North 47°28'43" East 88.64 feet;
Thence North 01°21'43" East 1,111.35 feet to the North line of said Northwest quarter;
Thence North 86°21'31" West 401.90 feet to the true point of beginning;
OHSUSA:758419800.2 9
9999-13901
Parametrix
EXHIBIT `B'
A PORTION OF LOT 4 OF CITY OF AUBURN SHORT PLAT SP-3-86,AS RECORDED
UNDER RECORDING NUMBER 8606050397 RECORDS OF KING COUNTY,
WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE ALONG THE EAST LINE THEREOF NORTH 04 041'10" EAST 145.00 FEET;
THENCE CONTINUING ALONG SAID EAST LINE NORTH 47 028'03" EAST 88.64 FEET;
THENCE CONTINUING ALONG SAID EAST LINE NORTH 01 021'03" EAST 167.22 FEET; i
THENCE LEAVING SAID EAST LINE NORTH 88°38'57"WEST 189.32 FEET;
THENCE SOUTH 26 059'09"WEST 185.39 FEET; 1
THENCE SOUTH 63 033'17" EAST 33.37 FEET;
THENCE SOUTH 32 008'26"WEST 68.67 FEET; i
THENCE SOUTH 29 03432"WEST 139.14 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE ALONG SAID SOUTH LINE SOUTH 86 023'45" EAST 268.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 85,137 SQUARE FEET OR 1.95 ACRES, MORE OR LESS ;
SITUATE IN THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 21 NORTH,
RANGE 04 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF AUBURN, COUNTY
OF KING, STATE OF WASHINGTON. ;
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1 of 1
CITY OF---
* * Interoffice Memorandum
WASHINGTON
Date: July 21, 2014
To: Nancy Backus, Mayor
From: Chris Andersen,,Environmental Services Manager
Re: Purchase and Sale Agreement, Project CP0746 Mill Creek Wetland 5K
Please find enclosed for your review and signature the following real estate acquisition
documents for the Mill Creek Wetland 5K Project, City Project No. CP0746:
• Broker's Disclosure by Chris Andersen.This document notifies both City of Auburn (buyer)
and Willis and Carolyn Calhoun (Sellers)that Chris Andersen: 1) possesses a Real Estate
broker's License issued by the State of Washington, and 2) represents the City of Auburn
in the purchase and sale transaction involving the subject property.
• Purchase and Sale Agreement between the City of Auburn and Willis and Carolyn Calhoun
for City's purchase of 21.12 acres located north of 15th Street NW, and east of West Valley
Highway. Purchase amount is$500,000, and completion (closing) purchase is subject to
City Council approval.
Please let me know if I can answer any questions or provide additional information.
Page 1 of 1
AUBURN * MORE THAN YOU IMAGINED