HomeMy WebLinkAbout5297RESOLUTION NO.5 29 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING, THE MAYOR TO
EXECUTE THE FLOOD PROTECTION EASEMENT FOR
WHITE RIVER PROPERTIES
WHEREAS, the City of Auburn City Council adopted Resolution No. 5160 on July
20, 2015, authorizing the purchase of approximately 41.5 acres of land from Puget Sound
Energy along the White River, located north of Roegner Park; and
WHEREAS, the City of Auburn was awarded a fund allocation from the King
County Flood Control District Sub -Regional Opportunity Fund for the purchase price and
real estate transaction costs; and.
WHEREAS, the King County Flood Control District Sub -Regional Opportunity
Fund required that the fund allocation be supported with the establishment of a flood
protection easement on the purchased property; and
WHEREAS, the City of Auburn purchased the 41.5 acres from Puget Sound
Energy for $75,000.00 in August, 2015; and
WHEREAS, the total purchase price and transaction costs for the acquisition of
the property amounted to which $83,727.30, all of which is being requested from the King
County Flood Control District Sub -Regional Opportunity Fund; and
WHEREAS, the City of Auburn has prepared a flood protection easement suitable
to meet the requirements of the King County Flood Control District Sub -Regional
Opportunity Fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized to execute the Flood Protection Easement
to meet the requirements of the King County Flood Control District Sub --Regional
Opportunity Fund in substantial conformity with the document attached hereto, marked
as Exhibit "1" and Incorporated herein by this reference.
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Resolution No. 5297
May 4, 2017
Pagel
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon passage
and signatures hereon.
Dated and Signed this day of , 2017.
CITY OF AUBURN
ATTEST:
Danielle E. Daskam, City Clerk
FORM:
iel B. Heid,
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Resolution No. 5297
May 4, 2017
Page 2
(�) \ -I osv��p
r-SRST AMERICAN
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
III�N�nN�VYIUNIIA�NNI!IId�M��IPo'UNI4'I!�IIII
20180105001370
EASEMENT Rec: $81 00
1/5/2018 3:52 PM
KING COUNTY, WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Flood Protection Easement
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page of document
Grantor(s) (Last name first, then first name and initials)
1. City of Auburn
Grantee: (Last name first) ,aid documents were filed of
r -cord as an accornodatiorl on4v
1. King County t not been e :an Mecl as
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
665500-0025- 302105-9020-01, and 302105-HYDR
❑ Additional p
on legal is page of the document.
9
Assessor's Property Tax Parcel/Account Number:
❑ Assessor Tax # not yet assigned
EXCISE TAX NOT REQUIRED
Kim Rec rda DNision
By.
f t •
Recording Requested By And
When Recorded Mail To:
King County Flood Control District
Water and Lands Resources Division
201 S. Jackson St. Suite 600
Seattle, WA 98104-3855
Attn: Brad Schabert
FLOOD PROTECTION EASEMENT
Grantor(s): The City of Auburn
Grantee(s): King County, a political subdivision of the State of Washington
Short Legal: T21N, R05E, Sec 30: Ptn S1/2SE 1/4
Assessor's Property Tax Parcels: 665500-0025, 302105-9020-01 and 302105-HYDR
THIS AGREEMENT made this V day of P e U m lo�er
2017, by and between The City of Auburn, hereinafter called the "Grantor", and King County,
a political subdivision of the State of Washington, hereinafter called the "Grantee":
For valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Grantor does hereby grant and convey to the Grantee, their successors and assigns, agents and
licensees an easement for the purposes set forth herein, under, over and upon the property
described on the Exhibit "A" attached hereto and incorporated herein by this reference (the
"Easement Area"), situated in King County, Washington.
A perpetual easement for the purposes of (1) accessing and constructing, inspecting,
monitoring, reconstructing, maintaining and repairing, river bank protection, levees and/or other
flood related works, including installing, inspecting and maintaining all vegetation and any
other appurtenances thereto, (2) constructing, reconstructing, repairing, maintaining, locating
and relocating utilities and stormwater facilities or improvements, and (3) constructing,
reconstructing, repairing, maintaining, locating and relocation trail improvements across, in,
under, on, over and upon the Easement Area.
Grantee shall have the right at such time as may be necessary and at the Grantee's sole
discretion, to enter upon and to have unimpeded access to, in and through the Easement Area
for the purposes of exercising the Grantee's rights as described herein.
Page 1/ 7
Grantor agrees not to plant non-native vegetation within the Easement Area and not to
remove or otherwise alter any improvements installed by Grantee, including any native
vegetation that may be planted and any flood protection works and trail improvements that may
be constructed, within the Easement Area, without the prior approval of Grantee.
For the purposes of this river protection easement, the term "native vegetation" shall mean
vegetation comprised of plant species, other than noxious weeds (as identified on the State of
Washington noxious weed list found at Washington Administrative Code Chapter 16-750, as
amended from time to time), which are indigenous to the coastal region of the Pacific
Northwest and which reasonably could have been expected to naturally occur at the site.
Neither Grantor nor Grantee are hereby obligated to future maintenance, repair or other
action related to the above-described exercise of easement rights, except that Grantee shall
maintain and repair any trails constructed by Grantee within the Easement Area. This river
protection easement and/or any flood related works constructed or to be constructed within
the Easement Area shall not be construed as granting any rights to any third person or entity,
or as a guarantee of any protection from flooding or flood damage, and nothing contained herein
shall be construed as waiving any immunity to liability granted to Grantor or Grantee by any
state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as
otherwise granted or provided for by law.
The rights, conditions, and provisions of this easement shall inure to the benefit of and be
binding upon the heirs, executors, administrators, and successors in interest and assigns of
Grantor and Grantee.
WITNESSETH, the said Grantor(s) have hereunto signed their names the day and year
first above written.
GRANTOR: THE CITY OF AUBURN, a municipal corporation.
GRANTEE: KING COUNTY, a political subdivision of the State of Washington.
By
Title:
Page 2 / 7
STATE OF WASHINGTON )
)ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that 9-)AAJl X i -d*`4e s is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized
to execute the instrument and acknowledged it as the M A.y a i2-- of City of Auburn,
a municipal corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: -7
STATE OF WASHINGTON )
)ss:
COUNTY OF KING )
k &� (! ��
Notary Public in and for the State of Washington
Residing at �Nlc I►cGL•��
My appoint expires j0- Ls -
I certify that I know or have satisfactory evidence that 'So�n 6OLLOU is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that__ h e is authorized to
execute the instrument and acknowledged it as the Y eJohr, W L & 'DIV 1 S l DY1 of the
Department of Natural Resources and Parks of King County to be the frand voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated: J 2 2 1 -7
,�`�������• R Eq,q�'%'
�• �\SS10N F • O�
NOTARY �' •:
� s
�"UBLIG
30 2�`Z� • ' per,
) 111WASN1\\���
,;
Page 3 / 7
Notary Pub is in and for the State of Washington
Residing at
My appoint expires 30 .21
Exhibit "A"
Legal Description
"Easement Area"
PARCEL A:
Those portions of Lots 3, 4, 5, 6, 11, 12, 13, 14 and 15, The Parker Homestead, according to the
plat thereof recorded in Volume 8 of Plats, Page 51, in King County, Washington, situated within
the northwest quarter of Section 31, Township 21 North, Range 5 East, W.M., and lying
northwesterly of the following described line:
Commencing at the north quarter corner of Section 31, Township 21 North, Range 5 East, W.M.;
thence south 89°49'20" west along the north line of said section 127.71 feet;
thence south 41'20'16" west 1,436.51 feet;
thence south 44°01'28" west 196.05 feet to a point on the easterly limit of said Lot 12;
thence continuing along the inside top of dike south 44°01'28" west 18.98 feet;
thence south 16°10'48" west 151.59 feet;
thence south 46°28'52" west 115.24 feet;
thence south 26°27'43" west 246.55 feet;
thence south 63°21'45" west to the east boundary of the westerly 500 feet of said Lot 14;
thence southwesterly along the south bank of the White (Stuck) River to a point on the west line
of said Section 31, distant 359 feet north of the west quarter corner of said section, said point
being the terminus of line description;
EXCEPT that portion lying within that certain parcel of land conveyed to the City of Auburn for
Ta-Weel Memorial Park (Roegner Park), by deed recorded under Recording No. 8906290993;
ALSO EXCEPT that portion lying northwesterly of the following described line:
Commencing at the northwest corner of said Section 31;
thence south 00'45'10" west along the west line of said section a distance of 30 feet;
thence south 89°54'03" east, parallel to the north line of said section, a distance of 240.15 feet;
thence south 00°28'27" west, parallel to the east margin of "A" Street Southeast right-of-way (Old
P.S.H. No. 5), a distance of 200 feet;
thence north 89°54'03" west 200 feet to the east margin of said street;
thence south 00°28'27" west along said margin 725.43 feet to a point of curvature to the right,
having a radius of 985 feet, the radial center of which bears north 89°31'33" west;
thence southwesterly along said curve a distance of 302.53 feet;
thence south 00'45'10" west 54.22 feet;
thence south 89°14'50" east 50 feet;
thence south 00'45'10" west 471.82 feet;
thence south 39°09'59" east a distance of 70 feet;
thence south 50°50'01" west a distance of 123.76 feet to the west line of said Section 31, and the
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TRUE POINT OF BEGINNING of line description;
thence north 50°50'01"
east 123.76 feet;
thence north 39°09'59"
west 70 feet;
thence north 50°50'01"
east 1,081.81 feet;
thence north 42°30'49"
east 376.31 feet;
thence north 33°31' 10"
east 581.74 feet;
thence north 32°29'39"
east 173.71 feet;
thence north 36°51'24"
east 242.90 feet to a point on the north line of said Lot 5, and the terminus
of line description
PARCEL B:
Lot 1, City of Auburn Short Plat No. SP -1-83, recorded under Recording No. 8305120301, being
a portion of the south half of the southeast quarter of the southwest quarter of Section 30,
Township 21 North, Range 5 East, W.M., in King County, Washington;
EXCEPT that portion thereof lying northerly and northwesterly of Lot 2 of said Short Plat;
(ALSO KNOWN AS a portion of Parcel B, City of Auburn Lot Line Adjustment No. LLA -0011-
92, recorded under Recording No. 9209281726).
PARCEL C-1:
That portion of the southwest quarter of the southeast quarter of Section 30, Township 21 North,
Range 5 East, W.M., in King County, Washington, lying westerly of a line 720 feet east of the
west line of said southwest quarter of the southeast quarter;
EXCEPT that portion lying northerly of the following described "Line A", conveyed to M. A.
Segale, Inc. by deed recorded under Recording No. 8804220524;
ALSO EXCEPT that portion lying southeasterly of the following described "Line B", conveyed
to Roland A. Crabtree by deed recorded under Recording No. 8502250557:
"Line A":
Commencing at the northeast corner of the southwest quarter of the southeast quarter of Section
30, Township 21 North, Range 5 East, W.M., in King County, Washington;
thence south 00°00'55" east along the east line of said subdivision, 252.35 feet to the TRUE
POINT OF BEGINNING of line description;
thence north 88°50'59" west 260.56 feet;
thence south 77°58'54" west 528.41 feet;
thence south 53°53'37" west 589.25 feet;
thence south 49°19'56" west 91.35 feet, more or less, to the west line of the southeast quarter of
said Section 30, and the terminus of line description.
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"Line B":
Commencing at the south one-quarter corner of Section 30, Township 21 North, Range 5 East,
W.M., in King County, Washington;
thence south 89°49'20" west along the south line of said section 127.71 feet to the TRUE POINT
OF BEGINNING of line description;
thence along the inside top of the southeast dike line of the White (Stuck) River, north 41'20'15
east 100.75 feet;
thence north 44°31'40" east 514.79 feet;
thence north 52°19'08" east 155.42 feet;
thence north 45°55'37" east 218.52 feet;
thence north 71°03'35" east 92.23 feet to the east line of the west 720 feet of the southwest quarter
of the southeast quarter of said Section 30 and the terminus of line description.
PARCEL C-2:
That portion of the southwest quarter of the southeast quarter of Section 30, Township 21 North,
Range 5 East, W.M., in King County, Washington, lying easterly of a line 720 feet east of the
west line of said southwest quarter of the southeast quarter, and lying northerly of the northerly
line of Oravetz Road, as conveyed to King County by deed recorded under Recording No.
19991207001436 (which deed supersedes instrument recorded under Recording No. 4926236);
EXCEPT that portion conveyed to the City of Auburn by Deed recorded under Recording No.
9201100939, and rerecorded under Recording No. 20150807002155;
ALSO EXCEPT that portion lying northerly of the following described line, conveyed to M. A.
Segale, Inc. by deed recorded under Recording No. 8804220524:
Commencing at the northeast corner of the southwest quarter of the southeast quarter of Section
30, Township 21 North, Range 5 East, W.M., in King County, Washington;
thence south 00°00'55" east along the east line of said subdivision, 252.35 feet to the TRUE
POINT OF BEGINNING of line description;
thence north 88'50'59" west 260.56 feet;
thence south 77°58'54" west 528.41 feet;
thence south 53°53'37" west 589.25 feet;
thence south 49°19'56" west 91.35 feet, more or less, to the west line of the southeast quarter of
said Section 30, and the terminus of line description.
Assessor's Tax Parcel ID#'s 6655000025, 3021059020, 302105HYDR
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- 4 l ,
PARCEL D
That portion of Southeast 41st Street vacated by operation of law per RCW 36.87.090 and
described in Opinion Number 2016-1, Opinion of the City Attorney of Auburn, Washington, dated
August 17, 2016, said description described as follows:
That portion of Southeast 41 st Street, being a right of way 30 feet in width, according to the Plat
of the Parker Homestead, recorded in Volume 8 of Plats, Page 51, in King County, Washington
situated within the Northwest Quarter of Section 31, Township 21 North, Range 5 East,
Willamette Meridian, and described as follows:
Beginning at the North Quarter Corner of said Section 31;
thence south a distance of 30 feet along the east line of said Plat to the northeast corner of lot 7 of
said plat, also being a point on the south margin of Southeast 41 st Street;
thence west a distance of 886.2 feet, more or less, along the north lines of lot 7, lot 6 and lot 5 of
said Plat to the Northeast corner of Tract C of City of Auburn Lot Line Adjustment LLA -5-87
recorded under King County Recording Number 8704220781;
thence northeasterly a distance of 127.6 feet, more or less, to the most southwest corner of parcel
B of City of Auburn Lot Line Adjustment LLA -0011-92, recorded under King County Recording
Number 9209281726, also being a point on the north line of said Section 31;
thence east a distance of 762.3 feet, more or less, along said north line of Section 31 to the Point
of Beginning.
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