HomeMy WebLinkAbout1940�I 1
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1 RESOLUTION NO. 18`40�;;�;,� �: i l i_(;j!;.'i�
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER
INTO AN AGREEMENT BETWE_EN THE CITY OF AUBURN AND PUGET SOUND
4 AUTO AUCTION FOR RIGHT OF WAY DEDICATION AND USE.
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Section 1. The Mayor and City Clerk of the City of
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Auburn are herewith authorized to enter into an Agreement
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between the City of Auburn and PUGET SOUND AUTO AUCTION
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for Right of way Dedication and Use . A copy of said
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Agreement is attached hereto and denominated Exhibit "A" .
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M Section 2 . The Mayor is hereby authorized to implement
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�"� such administrative procedures as may be necessary to carry
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p out the directives of this legislation.
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DATED and SIGNED this 21st day of February, 1989.
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CITY OF AUBURN
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Resolution No. 1940 ��15�_� +::+::+-1,;,, _�_i
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• February 14 , 1989 ,
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ATTEST:
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4 Robin Wohlhueter, City CIe'rk
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6 APPROVED AS TO FORM:
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$ Marg erite Schellent=ager, City Attorney
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Resolution No. 1940
26 Page 2
February 14, 1989
� ' RIGHT OF WAY .DEDICATION
P:ND USE P.GREEMENT
This Agreemenf is beEween Puget Sound Auto Auction, Inc.
� ( "PUget Sound" ) and fHe City of Auburn ( "Auburn" ) .
In consider-ation of the mutual obl-igabions; covenants and
coriditions described herein, the
partie_s a_gree as follows :
1 . Puget Sound agrees to c3edicate to Aubutn, for a future
local street called "F " Street N.W. ; a right of way sixty feet
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(60 ' ) in width running north/south Befween 37th Street N.W. on
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the, south 'and the nortfierri .boundary of Puget Sound's ownership.
and legallp described. in +'Eshibit A"- which is attached to this
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Agreement and incorpora•ted by reference (such property to be
referred to in this Agreement as the "Pu_get_ Sound Righf of
Way" ) . The Puget Sound Right of Way is also shown in the map
designa.ted "Eahibit H" which is attached fo this Agreement and.
incorporated by reference.
2 : In accozdance with the provisions of the Auburn
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� ' Municipal Code, Aubu=n grants Puget Sound permission to fully
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M ,occupy,. possess and use fhe "Puget Sound Right of Way" iri
p pe"rpetuity unless and unti-1 one of the, following conditions
occur:
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p __ (a) It is defermined thaf construction of "F" Street
0` N,:W: i5 _necessary in order. to serve the direct transportation
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needs of the property curiently. owned by Puget Sound and
�le;ga.liy described in ".Exliibit C" which is attached to t�his
Agieeme`nf arid incorporated by reference (the
_ part.ies a.gree 'fhat
constructiori of "F" Street N.W. is unnecessary to serve fhe
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�_ needs of Puget Sound so long as the properfy described in
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` Exhibit C is used as e yehicle recondifioriing, detailirig,
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storage and auction. facility; the use curzently proposed for
sueh property) ; or
(b) The traffic .Level of Service (LOS) for any
roadw,ay secfion or lane gtoup on any intersection in the area
bounded by 37fh Sfreet N.:W. , the Burl-ington Nort.hern rail righf
of way; S. 277th Street, and the Union Pacific rail. right of
way deteriorates to LOS D or lower and the Auburn Public Wotks
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Direcfor determines that construction of ' F" Street N:W.
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b:etween 37th Street N.W.. and S. 277th Street will improve sucli
LOS-. Coiistruction of "-F" Street N W. due to this condition
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' sliall be contingent upon the p,roject extending from 37th Street
N:W. to S. 27Zth Street..
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3::, IE Auburn forms a .LOCa3 Improvement Districf ( "I:ID" )
,:to pay for fhe construction of' a locai. sfreef in tkie Puget
:;. , Sound Right of Way exteriding from 37fYi SEreet N.W. to S. 2.77th
St`reef; Pu ef Sound .a rees 'iioE to
g g protest fhe formation of. an
LID: which includes withi`n ifs bouridaries' at least all of the
piopertp befti*een 37tH St'teet. N.W. arid `S. 277th Street and
tietv'ieen the Union Pacific' r-ight of way on the west and the
- Burl-ington Northern Rai-Lroad. right of way on the east . Puget
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Sound shall- not be required' to' parbicipat.e in such an LID
` u;n3ess the proposed local s_tregt is actuall f
_ __ _ _ y constructed across
Puget Sound ' s property between 37th N;W: and S. 288th (Rose)
Street :
4 . In lfeu of pazticip.afiiig ia such LID for the local
' streef consfructed. between 37.tti Street N.W. and S. 277th
� Sfreet, Ptiiget Sourid sfiall .have. the option of constructing to
Aukiurn standards the portion of such street tsaversing Puget
Sound' s property.
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5. If "E" Street. N.W:, is ever cons_tructed, Auburn agr,e_es
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_ that Puget Sound sh_a.l.l be entitled to aE least two driveways
Ofor ingress and egress on each side of "F" Sfreet N.W. as
- permif"fed by applica5le Cify of Auburri Code provisions.
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� 6 . The Agreement between Business Panks Northwest, the
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O predecessor in interest to Puget $ound; and Auburn, dated
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October 7, 1983 and recorded under King County File
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No 831.0250844 > is, hereby rescinded and terminated. This
agreement reserved a ri'ghf of "wap fifty-fi6e feet (55' ) in
" widffi on the wesfern potfion 'of tkie pioperty described in
Eatiibit C.
7 . Subject to Auburn City Gounci-1 approval which is
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requ•ired pursuant to RGW Gh, 35,79; Auburn, a.gr,ees to vacate the
¢ur-rently unvacated portions of S: 2_88_th. (ROSe) Street (which
' is thrr.ty feet. in width) described in "Exhibi:t D;" which is
. attach'ed to this Agreemeat :and incozpoiated bp refereace,
exce f for fHe
p poifion re'quired for "F" Street N.W. , for no
compen§ation.
S . Pu et Sound a rees to _ n
g g grant Auburn a storm drai
aceess and maintenance .easement, for . the_ twenty-four inch storm
' line rn the western porti_on of 'the site and for the drainage
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ditch, al.ong the north. property line of the sife.
9 : Auburn agrees- f'o issue a Righ't-of-Way Use Permit to
Pu_get Sound in fhe form at'tached to tfii's Agteement as
".ExliiHif E" , cahicri is heretiy -incorpo,iated by reference.
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' -� 10.. The cuirent most. appropriate alignment for "E" Street
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N:W. .through trie property of Puget Sound i_s th_e .a_li.gnment.
corita-ined in "-Exhibit A" which is being dedi.cated by Puget
Sound to Auburn.
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: 11 . This Agreement runs with the land described in
Exhibit C and is binding .on the. heirs; successors and assigns �
of the pa;ties,:
Dafed this day of ��� � � , 1989 .
PUGET SOUND AUTO
AUCTION, INC.
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By ---
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_ CITY OE BURN
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Attested tiyE
; i��� �,r��,C�u.�L,�u _
! Ci.ty Clerk
! Approved as to form by:
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Marguerite Schellentrager
City Attorney
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`STATE OF WASHINGTON )
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" GOUNTY OE K3NG )
On this _4._—. day of �_ ' �t , 1989 , before me, a
Notary Publ ' in arid foz Ehe State � f Washington, pers.onally
appeared __��_GG°.u�7'/S , personally known to me
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(or proved to me on the basis of sabisfactory evidence) fo be
, tk}� person who executed this instrument; on o.ath stated tkiaf
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�� was authorized to execute the instru e"nt, and aQknowledged
it ag the P.��.�Fa�T _ of f�CLCd-ET�Shcz�/1�iroAU[STml�i be bhe
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free and voluntary acf arid deed of said corporation for the
uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year. f.irst ab.o.ve written:
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NOT PUBLI in and for th S ate- �
O of Washington; residing at�„ �
M My appointment expires /o_�d 9i) - ,
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� STATE OE WASHINGTON ) ,
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COUNTY OF KING )
Qn thi,s � day :of � - -- , 1989, before me, a
Notary :Publ.ic ' n an�1 for the State b Wasliington, personally
appeared ��__;�A�UP� __ , personaTly known to me
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P �" tisfactory evidence) to be -
thr peYson whomeaecuted thissinstrument-, on oath stated that_ �
= was author-ized to eaecute t instr ment, and acknowledged
i't .as tlie of � � ` ' to be the
free and volunt y act and. deed o _ id_ corporation for the
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uses and purposes mentioned in the' instrument :
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IN WITNESS WHEREOF; I. haye hereunto set my hand and
official seal the da and . '
__ _y year firsf above wr:itten.
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_` , N TARY BLIG in and for the SEafe,
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Q+ t4;, p�,,... *.„,,,, of washington, residing at _
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EXHIBIT "A"
A 60. 00 FOOT WIDE STRIP OF LAND BEING A PORTION OF LOT "C" OF THE
PLAT OF THE TOWN OF CFiRISTOPHER AS RECORDED IN VOLUME 7 OF PLATS,
PAGE 30, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLIAWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT "C" ; THENCE
EASTERLY AIANG THE SOUTH BOUNDARY OF SAID IAT "C", 75. 46 FEET TO
THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF SAID 60.00 FOOT
WIDE STRIP OF LAND HAVING 30. 00 FEET ON BOTH SIDES OF SAID
CENTERLINE; THENCE NORTHERLY TO THE SOUTHWEST CORNER OF IAT
N0. 12, OF WHITE RIVER VALLEY HOMES TRACTS AS RECORDED IN VOLUME
13 OF PLATS, PAGE 17, RECORDS OF KING COUNTY, WASHINGTON. THE
NORTHERLY TERMINUS OF SAID 60. 00 FOOT WIDE STRIP OF LAND SHALL
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ABUT AND AATOIN THE SOUTH BOUNDARY OF SAID PLAT OF WHITE RIVER
VALLEY HOME TRACTS AND SAID SOUTHERLY TERMINUS OF SAID 60. 00 FOOT
WIDE STRIP OF LAND SHALL ABUT AND AA70IN THE SOUTI�i BOUNDARY OF
SAID LOT "C" .
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M TOGETHER WITH A FILLET OF LAND, THE ARC OF SAID FILLET BEING
O CONCAVE TO THE NORTHEAST AND HAVING THE POINT OF CURVE OF SAID
� ARC TANGENT ON THE SOUTH BOUNDARY OF SAID LOT "C" AND THE POINT
� OF TANGENCY BEING TANGENT ON THE EAST MARGIN OF THE ABOVE
O DESCRIBED 60. 00 FOOT WIDE STRIP OF LAND.
� TOGETHER WITH A FILLET OF LAND, THE ARC OF SAID FII;LET BEING
CONCAVE TO THE NORTHWEST AND HAVING THE POINT OF CURVE OF SAID
ARC TANGENT ON THE SOUTH BOUNDARY OF SAID LOT !'C!' AND THE POINT
OF TANGENCY BEING TANGENT ON THE WEST MARGIN OF THE ABOVE
DESCRIBED 60. 00 FOOT STRIP OF I�AND.
LESS EXISTING RIGHT-OF-WAY.
SITUATE IN GOVERNMENT IAT N0. 2, SECTION 1, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M. , AKA. NORTHWEST QUARTER, NE QUARTER OF SECTION
1, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.
REF. RO5-1
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S 28Sth St Rose Sq, 5
roposed Vacati n Propose Vacation
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This map does not purport to show all highways, roads or easements affecting
said property; no liability is assumed for variations in dimesions and location.
E7(I•IIBIT B . ' •
� EXHIBIT C
Tract "B" , Tract "C" , Tract "D" and Tract "E" of the Town
of Christopher, as per plat recorded in Volume 7 of Plats , page
30, records of King County; together with vacated portion of
Rose Street adjoining said Tract "E" ;
Except a strip of land 200 feet wide, crossing same in a
northerly and southerly direction conveyed for railway purposes
by cleeds recorded under recording Nos . 211288 and 473296;
And except that portion of said Tracts conveyed to the
State of Washington by deed recorded under recording
No . 6583631;
Situate in the City of Auburn, County of King, State of
Washington.
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� EXHIHIT- D
That port;ion of-. ROSe Street adjacent to the notthernmost
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boundary of Tracts B� C and D as - " ` "
, per plat recorded in Volume 7
of Plats; page 30> records of Kirig County;
Situate in the CiEy of Auburn, County of King, St_a_te of
, Washington.
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' PERMIT N0.
CITY OF AUBURN
DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION
RIGHT-OF.-WAY .USE. PERMIT/APPLICATION
The Public Works Committee of the City Council establishes policy cegulating
uses permitted in, on, under and above the public right-of-way wi[hin the City
limits. The City Engineer is responsible to adminis[er these policies and
approve ail permitted uses. The City assumes no liability, expcessed or implied,
se a result of gran[ing permiseion [o the permi[[ee [o use the righ[ of way, ae
requested. See attached sheet for general conditiona.
NAME OF ORGANIZATION: Puget Sound Auto Auction, Inc .
OFFICER/AGENT/PERSON REQl1ESTING PERMIT 6 TITLE: John E. Keeqan, Davis, Wriqht &
— - - - — Jones
ADDRESS : 1501 Fourth Avenue, Seattle, WA 98101 'fELEPHONE: f2(?5 ) 62R-7688
DESIRED USE & LOCATION OF RIGHT OF WAY: For uehicle reconditioning. - -
`D de�ailinq, storaqe and auction facilitv
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� LEGAL DESCRIPTION OF PROPERTY (ONLY FOR PERMITS TIIAT ARE TO SE RECORDED):
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� A strip 60 �eet in width, the nortn/south centerline of which is
the boundary between Tract "C" and_Tract "D" of Town .of Cnfisto�hei
asper_plat recorded in Volume 7 of PIats, 'page 30, records oi i<ing Count��.
The Depar[ment requirea [he name, addresa, and [elephone number of three reapon- �
efbile persona, any of which can be contacted at any time during the life af the
permit in the event [he need arises.
John i . Keegan JeffreV J. Lenar Arthuz deAlba
(206 ) 628-7688 (615 ) -3fr9--99z'�Z 333-�y0� ( 615 ) � ^�v�^a �33'�`��O
HOLD HARMLESS AGREEMENT [tEQiIIRED Date Received:
SPECIAL PROVISIONS: This permit shall be
. Sub�[�t tc� th[ tarmc anfl _ .
conditions of the "Ricxht of Wav Dedication and Use AareemPnt harwpen
Puget Sound Auto Auction, Inc . and City of Auburn dated
A Righ[-of-vay Use Permit is hereby granted, as per [he above terms an p��ecia�
Provisions, if any.
A one-time pernit fee o� $50 shall be paid.
cc: Public Works Operations Manager
Police Chief CITY ENGINEER
Fire Chief
Da[e•
REF. R-W --- - -- -
FORMS DISK�il
aXHIBIT E
• • , ' , HOLD HARMLESS .AGREEMENT ' ,
� For and in consideration of beinq given permission by tYie City
of Auburn, Washington, to use City right-of-way (location and use
as described on the Permit) within the corporate limits of the
City of Auburn, Washington the undersigned being the user of said
property and heirs, successors and assigns herewith promises to
indemnify, defend and hold harmless the City of Auburn and its
. officials, agents, and employees from any and all liability for
bodily injury oi property daYnage claims whatsoever arising out of
and at above-referenced use and location including court costs,
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attorneys' fees and any attendant costs excepting those which
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� arise from the negligent or wrongful acts or omissions of the
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� City of Auburn, its employees or its a_gents.
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CQ DATED THIS . .. �y DAY OF 19 S
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SIGNATURE OF APPLICANT
S � � � � ,�. �
�uC[� ow•. u. c�< <.�
CO PANY OR ORGANIZATION
(If Applicable)
STATE OF WASHINGTON )
) ss.
County of ,t:C''� )
On this day personally appeared before me ,((�. �U,u�T/� S
to me known to be the individual described in and who ezecute
tt?°_ 4.'�t}!:^ dP.� POT_'e� �^� 17:St.T'1fi°^.t,� �^•i dC�:.^.�W��uyE'L� ��':3� lu
signed the same as� free and voluntary act and deed, fo= t5e
uses and purposes therein mentioned.
G EN under my hand and official sea this day of
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t <.� % .�
NOT /PUBLIC N AND FOR THE
STAT,E'OF �+1 SHI T ON, RESIDING
AT l,[� e �
REF. FE002