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HomeMy WebLinkAbout3616 RESOLUTION NO. 3 6 1 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY-OF AUBURN, WASHINGTON, CANCELING THE LEASES APPROVED BY RESOLUTION NUMBERS 1253 AND 1504, FOR PROPERTY AT THE AUBURN AIRPORT WITH CHART-AIR, INC. WHEREAS, in October 1981, the City Council authorized a fixed-base leaseat the Auburn Airport with Chart-Air, Inc., which lease was executed on October 9, 1981, and filed under King County Recorder's file number 8209290517; and, WHEREAS, the City also authorized a fixed-base lease at the Auburn Airport with Chart-Air, Inc., approved through Resolution Number 1504, which lease was executed on May 29, 1984, and filed under King County Recorder's file number 8407120346; and, WHEREAS, the records of the Finance Department of the City of Auburn show that Chart-Air has not made any payments on either of these leases for a number of years, and.City staff working at the Airport advise that Chart-Air has not occupied any of the lease premises at the Airport for many years; and, WHEREAS, the terms and conditions of both leases provide the opportunity for the City to cancel the leases upon failure to comply with performance requirements, which include payment of the rental amounts due under the leases; and, WHEREAS, the lease approved by Resolution Number 1253 provided for a monthly rental amount with payments ranging from $1,789.00 per month to $2,956.00 per month; and, WHEREAS, the lease approved by Resolution Number 1504 provided for a monthly rental amount with payments of$2,900.00 per month; and, Resolution No. 3616 May 19, 2003 Page 1 of 3 WHEREAS, it is accordingly appropriate that the leases be canceled for failure of • the lessee to comply with the requirements provided therein, including failure to make payments on the lease. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: 1. That the Mayor and .City Clerk are authorized to execute the CANCELLATION OF LEASES relative to the leases approved by Resolution Number 1253'and Resolution Number 1504 in substantial conformity to the form attached hereto, marked as Exhibit "A" and incorporated herein by this reference. ' 2. The Mayor is hereby authorized to take such other action and implement such administrative procedures as is necessary and appropriate to carry out the directions of this Resolution, including filing a copy of the CANCELLATION OF LEASES with King County. 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED AND SIGNED THIS \ t OF e , 20 C1 . CITY OF AUBURN • PE R B. LEWIS, MAYOR ATTEST: Resolution No. 3616 May 19, 2003 Page2of3 /-0-‘1/4-"/ A . I1 Danielle E. Daskam, City Clerk APPROVED AS TO FORM: t / .41, 4 P 1 .niel B. Heid, ity Attorney f Resolution No. 3616 May 19, 2003 Page 3 of 3 20030522002205.001 0030 22002205 PACIFIC NU T T NISC 21.00 PAGE 001 OF 03 Return Address 05/22/2003 1 03 Auburn City Clerk KING COUNTY, UA City of Auburn 25 West Main St Auburn,WA 98001 • RECORDER'S COVER SHEET Document Title(s)(or transactions contained therein) .12-I PN w-r CANCELLATION OF LEASES ("-) (' 1 © t - I'— Reference Reference Number(s)of Documents assigned or released 8209290517 AND 8407120346 DAdditional reference#'s on page of document Grantor(s)/Borrower(s)(Last name first,then first name and initials) ,f3-pc,„), _ 5 ac orF r4 CITY OF AUBURN , �'on?�rcfatrorcNorthwest +Ur -x`'�mner, flit/ 037-( x �� r i .fj r�� w =�ar 'n�K'1fn Oa19Pi GranteefAssigneelBeneficiary: (Last name first) CHART-AIR, INC Legal Description (abbreviated i e lot, block, plat or section,township, range) Portion of JA Lake Donation Land Claim Numbers 38 and 41, Township 21 N, Range 5 East ®Additional legal is on page 2 of document Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 20030522002205002 Recorded at Request of City of Auburn 25 W Main Street Auburn,WA 98001-4998 CANCELLATION OF LEASES In accordance with the authority provided therein and pursuant to Resolution Numbers 1253 and 1504 of the Auburn City Council, the City of Auburn hereby terminates and cancels the leases executed between the City of Auburn, Washington, and Chart-Air, Inc, executed on the 9th day of October, 1981 and the 29th day of May, 1984, and filed under King County Recording Numbers 8209290517, and 8407120346, respectively, affecting the below described real property: That portion of the J A Lake Donation Land Claim Numbers 38 and 41, Township 21 North, Range 5 East, Willamette Meridian, King County, State of Washington,described as follows. Beginning at the northeast corner of the J.A. Lake Donation Land Claim No. 41, thence South 00° 52' 25" West along the east boundary of said Lake Claim, 8 00 feet; thence North 88° 49' 52" West along a line 8.00 feet south and parallel with the north boundary of said Donation Land Claim for 455.93 feet to the true point of beginning; thence continuing North 88° 49' 52" West 500 00 feet; thence South 00° 52' 25" West parallel with the east boundary of said Donation Land Claim, 711 49 feet, thence South 88°49' 52"East, 500 00 feet,thence North 00° 52'25"East, 711.49 feet to the true point of beginning. LESS the north 22 00 feet for road and utility purposes. Together with a non-exclusive easement to construct taxi-way and access over and across the following described parcel Begining at the northeast corner of aforesaid J A. Lake Donation Land Claim No 41; thence South 00° 52' 25" West along the east boundary of said Donation Land Claim 8.00 feet;thence North 88° 49' 52" West along a line 8.00 feet south and parallel with the north boundary of said Donation Land Claim, 955 93 feet to the true point of beginning; thence South 00° 52' 25" West parallel with the east boundary of said Donation Land Claim, 711.49 feet; thence North 88° 49' 52" West, 100.00 feet, 20030522002205.003 -' thence North 00° 52' 25"East,711 49 feet;thence South 00° 52' 25"East, 100 00 feet to the true point of beginning. DATED this 01)41‘ day of ikett. . ,2003 . CITY OF AUBURN PETER B. LEWIS,MAYOR ATTEST: , A / IL—to Danielle E Daskam, City Clerk STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know that /9.E- 71-6.p._ and ei / 4/Da IGZ.41., are the -Way ei--• and aify of the. City of Auburn, and that they appeared before me and adknowledged that they signed the above instrument and on oath stated that they were authorized to execute said instrument on behalf of the City of Auburn and that this was the free and voluntary act and deed of said City of Auburn,for the uses and purposes therein mentioned DATED this -1.2day of ,20 0 . 4.4b,14‘E MAP ......... =4:tc4sION ,re rt, (1-7157/1...g ,t1 1 44 4.4%cn°4 io OTAR), s • :0 ica_m - PUB 1110.•+0 [printed name] LP I 04 0 2' NOTARY PUBLIC in and for the State of 44.1.4.,,•:?.:?2-F.'1,•,*%%**011.077 Washington, residing at42 - wA.svo...... MY COMMISSION expires74#4a, ..set51;