HomeMy WebLinkAbout200609210111 Interlocal Agreement 01?
After Recording Return to:
City Attorney
City of Anacortes 01111111
II1��Post Office Box 547 111(0110P111Anacortes, WA 98221 2006021 1
Skagit County Auditor
9121/2006 Page 1 of 9 2:59PM
CHICAGO TITLE AE9260
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
PORT OF ANACORTES
AND
CITY OF ANACORTES
THIS INTERLOCAL COOPERATIVE AGREEMENT (the "Agreement") is made
and entered into by and between the PORT OF ANACORTES ("the Port") and the
CITY OF ANACORTES ("the City") pursuant to the authority granted by Chapter 39.34
RCW, Interlocal Cooperation Act,
WHEREAS, the Port is the owner of certain real property in Skagit County,
Washington commonly referred to as the Ship Harbor properties (the "Ship Harbor
Properties"); and
WHEREAS, a portion of the Ship Harbor Properties have been classified as
wetlands (the "Ship Harbor Wetlands"). The Ship Harbor Wetlands are legally
described in Exhibit "A" and graphically depicted on Exhibit"B"; and
WHEREAS, the Port has previously declared the Ship Harbor Wetlands as
surplus to the needs of the Port; and
WHEREAS, pursuant to Chapter 39.33 and Chapter 39.34 RCW, the Port
desires to transfer in fee to the City the Ship Harbor Wetlands; and
WHEREAS, the City desires to take ownership of the Ship Harbor Wetlands;
and
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
PORT OF ANACORTES AND CITY OF ANACORTES-1
WHEREAS, the Port entered into a certain Real Estate Sale Agreement with
Clayton's Classics, Ltd. ("Clayton") an Arizona corporation in which it promised to sell
certain real property to the Clayton on May 30, 2003, which was amended by that
certain First Amendment to Real Estate Agreement dated October 27, 2003, those
certain letter agreements dated December 1, 2003, December 22, 2003 and February
10, 2004, that certain Second Amendment to Real Estate Sale Agreement dated
December 20, 2004 and that certain Third Amendment to Real Estate Sale Agreement
(the "Third Amendment") dated as of February 24, 2006 (collectively the "Real Estate
Agreement"). The Real Estate Agreement has been assigned to Gilbane Development
Company ("Gilbane"); and
WHEREAS, one of the obligations of the Port under the Real Estate Agreement
was to transfer the Ship Harbor Wetlands to the City in part consideration for the
release of the Port from any claim for damages arising out of a ruling in the Quiet Title
Action in the Superior Court of the Sate of Washington in and for the County of Skagit,
Case No. 04-2-01273-5, Port of Anacortes v. L.E.D. Co. et al.
WHEREAS, another obligation of the Port under the Real Estate Agreement
was to convey certain easements above and across the Ship Harbor Wetlands to
Gilbane and its successors for the benefit of property owned or to be owned by Gilbane
for (i) pedestrian and recreational purposes, and (ii) maintenance and construction of
such structures, piers, utilities, pathways and roads that the City permits.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions the parties agree as follows:
1. PORT'S TRANSFER OF THE SHIP HARBOR WETLANDS. By the Closing
Date the Port shall transfer to the City via quit claim deed the Ship Harbor Wetlands,
subject to all easements of record at the time of transfer.
1.1. The transfer does not include a forty (40) foot wide strip of land between
the Ship Harbor Wetlands and the adjacent aquatic lands.
2. TERM OF AGREEMENT AND CLOSING DATE. The term of this Agreement
shall extend until all the obligations contained herein are accomplished.
2.1 The closing date of the transfer of the Ship Harbor Wetlands
contemplated herein shall be September 15, 2006 or as soon thereafter as agreed by
the Port and the City.
3. CITY'S CONSIDERATION. In consideration for the Port's transfer of the Ship
Harbor Wetlands to the City, the City shall:
3.1. Consider the Ship Harbor Wetlands as open area in any density
calculations for the balance of the Ship Harbor Properties with an open space credit to
be placed against open space requirements imposed by the City, in its zoning or other
capacity, upon the Ship Harbor Properties. Such credit shall be in the form of a one to
INTERPORT ALAN COOPERATIVEAGREEMENT FBETWEEN II IIII��II�•II��!�I�II� I� I�
PORT OF ANACORTES AND CITY OF ANACORTES-2 I`
20060 210
Skagit County Auditor
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one /1:1\ ratio iD that for every square foot transferred h«the Port tothe City under this
Agreement, the Ship Harbor Properties shall receive an open space credit for one
square foot. This density calculation credit shall apply to the Port and any future owner
of the Ship Harbor Properties.
3.2. TO the extent permitted h« law, use its best efforts 10 approve Gi|b8Oe`8
proposed development plans for the Ship Harbor Properties and issue all necessary
and required permits therefore.
4. TITLE INSURANCE. Title insurance shall not be purchased for the property
transfers contemplated herein.
5. CLOSING AND ESCROW. Chicago Title inAn000rtea. Washington shall '
provide escrow services for the property transfers contemplated herein. The Port Sh@||
pay all closing and escrow costs arising out of this Agreement.
6. ADMINISTRATION AND NOTICE. The following individuals are designated as
representatives of the respective parties. The representatives shall b9 responsible for
administration of this Agreement and for coordinating and monitoring performance
under this Agreement. |D the event such representatives are changed, the party
making the change oho|) notify the other party. All noUoaa, demands, requests,
/ consents and-approvals which may, or are required to be given by any party to any
other party hereunder, shall be in writing and shall be deemed to have been duly given
if delivered personally, sent by facsimile, sent by a nationally recognized overnight
delivery servioa, or if deposited in the United States mail and sent by registered or
certified rngi|, return receipt requested, postage prepaid to:
Port ofAnacorteG: Port ofAnaoortea
ATTN: W1@rcEstvoid
First and Commercial
Post Office Box 297
Anaoortes. VVA9O221
City ofAneCortes: City ofAnaoo[tes
/<TTN: |aDMURc8
Post Office Box 547
Ananorte3' VV/\ 08221'0547
or to such other address as the foregoing parties hereto may from U[n9-to+tnle
designate \n writing and deliver ina like manner. All notices shall ba deemed complete
upon actual receipt or refusal hJ accept delivery. Facsimile transmission of any signed
original document, and retransmission of any signed facsimile transmission aho\1 be the
same as delivery ofan original document.
7. PROPERTY SUBDIVISION. The City shall be responsible for the cost Of any
property subdivision necessary to accomplish the transfer of the Ship Harbor Wetlands
contemplated herein.
«
|NTERL0CAL COOPERATIVE AGREEMENT BETWEEN
PORT OFANAoonTEo AND CITY OFAmACoRTE8'o mnnn� �mm/w��nm 'mxm/�n/ nn�n /n
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Skagit County Auditor
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8. ENVIRONMENTAL RELEASE. The Port does not make any representation or
warranty as to the condition of the Ship Harbor Wetlands. The City shall take
possession of the Ship Harbor Wetlands "AS IS". The City and its successors release
the Port from any and all liability, claims, losses, demands, actions or causes of action
arising from or related to the Ship Harbor Wetlands, including any latent, environmental
or hazardous conditions on the Ship Harbor Wetlands, whether known or unknown.
9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS. The
Agreement may be changed, modified, amended or waived only by written agreement
executed by the parties hereto, upon authorization by the legislative bodies of the City
and the Port. Waiver or breach of any term or condition of this Agreement shall not be
considered a waiver of any prior or subsequent breach.
10. SEVERABILITY. In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications of this Agreement which can be given
effect without the invalid term, condition, or application. To this end the terms and
conditions of this Agreement are declared severable.
11. ENTIRE AGREEMENT. This Agreement contains all terms and conditions
agreed upon by the parties. All items incorporated herein by reference are attached.
No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind either of the parties hereto.
FOR PORT OF ANACORTES FOR CITY OF ANACORTES
'440
R. W. yde, Exe ive Di ector H. Dean Maxwell, May r
DATED: 61— (S -06 DATED: /7,0/0
ATTEST:
City Clerk
ipimlo
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN 1006 p21 o
PORT OF ANACORTES AND CITY OF ANACORTES-4 Skagit County Auditor
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912112006 Page
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APPROVED AS TO FORM:
Ian Munce, City Attorney and Planning
Director
FAPORT ANACORTEMINdAnde TI.1181eilINTERLOCAL COOEPRATNE AGREEMENT WITH CTTY_FINAL_OD-11-00.tloc
11311111,1111111
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2006092101 1
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN Skagit County Auditor
PORT OF ANACORTES AND CITY OF ANACORTES-5 5 of 9 2:69PM
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EXHIBIT A:
LEGAL DESCRIPTION OF SHIP HARBOR WETLANDS
Parcel
The West 40 rods of Government Lot 4 in Saotion22. Tovvnahip35 NOdh, Range 1
East of the Willamette Meridian; also
The Eaot4O rods of Government Lot4. Section 22, Township 35 North, Range 1 East
of the Willamette Meridian;
EXCEPTING THEREFROM the West half Ofsaid Government Lot4. as described in
that certain lease agreement between the Port of/4n000dea and the Washington Toll
Bridge Authority recorded under Auditor's File No. 720678, records of Skagit County,
Washington, and @G said West half iS shown on that certain Record Of Survey recorded
Auditor's File No. 8OOO190004. records of Skagit County, Washington; and also
EXCEPTING THEREFROM the Northeasterly 40.00 feet, as measured at right angles
tn its Northeasterly line, thereof.
Sources of legal description are Chicago Title Company, (o|aDd Division, Commitments
for Title Insurance, Orders No. |C37410ond |C37488. bearing Effective Dotes of
November 21. 28O5 and November 2S. 2OO5`.
Parcel B
That portion [f the Southwest Quarter Ofthe Southwest Quarter Cf Section 22.
Township 35 North, Range 1 East of the Willamette Meridian, described aafollows:
Beginning a1 the Northeast corner of said Subdivision;
Thence West along the North line of said Subdivision, a distance of000feet;
Thence South, e distance of4S5feet;
Thence East, o distance of800feet;
Thence North, a distance of495 fee1, to the Point of Beginning;
Source of legal description is Chicago Title Company, Island Division, Commitment for
Title Insurance, Order No. |C37469. bearing Effective Date nf November 28. 2005.
Parcel
Wetlands #2 and #3 and #4i0 Government Lot 3of Section 22. Township 35North,
Flange 1 East of the Willamette Mehd|an, more particularly described as follows:
VVeUands #2:
Commencing at the Southwest corner of said Government Lof3;
Thence North U1" 4D' 47" East along the West line Of Lot 3, a distance of1DG.11feet to
the True Point ofBeginning;
|NTERLooAL COOPERATIVE AGREEMENT BETWEEN ~�� = '�1 '
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PORT opANxoOnTs8 AND CITY oF AwACoRTES'o
Skagit County Auditor
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Thence continue North D1" 40/ 47" East, 8 distance of30.DQ feet tO the intersection
with a curve having a radius point bearing North 02" 47' 19" West, a distance of '
1,131.28 feet from said intersection point;
Thence in a Northeasterly direction along the arc of said curve through a central angle
of1G" 03' 21". @ distance of317.O2 feet toO point nfcompound curve to the left;
Thence along the curve to the left having a radius of 701.78 feet through a central
angle ofD7" 52' OO", an arc distance nfQ8.35foat;'
Thence North O3° 17' 2O" East, adistance of1S1.2Qfeet;
Thence South 23" 1O' 27" West, a distance of22.31feet;
Thence South 5O" 0T' O9" West, a distance 0f20.O4feet;
Thence South 87" 2O' 28" West, 8 distance of44.43feet;
Thence South 62" 32' 54" VVeSt, o distance of 88.80feet;
Thence South O4" O5' 58"VVeat 8di3t�no� of50.D5fe�t'
" . '
TheO�� 6��uth73 42' 12.' VVeSt. adistanoe of32.D0feet;
Thence South 7U" 07' 23" West, a distance of3O.3Ofeet;
Thence South 51" 29' 37"' VVaat' G distance of 51.22 feet to the intersection with a
Curve having a radius point bearing North 16" 15' 51'' West, a distance of1.1O1.2Ofeet;
Thence along the arc of said curve in a Southwesterly direction through a central angle
of 13" 55' 20" on arc distance of275.47 feet to the True Point of Beginning.
VVet|andS #3:
Commencing at the Southwest corner Of said Government Lot J;
^ Thence North O1" 4O'47" East along the West line Of said Government Lot 3' o
distance of138.2O feet 0o the True Point ofBeginning;
Thence continue North D1" 40' 47" East, o distance of108.8Ofeet;
Thence North 45° 21' O3'' East, e distance of4S.85feet;
Thence North 70" 44` 57" VVest, a distance of25.11 feet;
Thence North 45" OO' O0" West, a distance Of1O.00feet;
Thence North 07" 25' 22'' East, a distance of27.O1feet;
Thgnca South 7D" 25' 2O'' Eaat adi�tonmaof1�.84feet
. ,
Thence North 78" 3O' 5O" East, a distance of73.40feet;
Thence South 72" 1O' 57" East, G distance Of74.G8feet;
Thence North 77" 59' 35" East, a distance of3Q.75feet;
Thence South 78° O3' 18" E8st � di�t�n�� of42�17fe���..
Thence South88" 25' 1O" East adistan�� of42�1 feet
,
Thence South 530 15' 14" East, 8dhstance of 43.23 feet;
Thence North 34" 87' 42" East, a distance of3O.59feet;
Thence North 2O0O3' 39' East, a distance of29.85feet;
Thence North 35" 1D' 21" East, adistance of43.O8feet;
Thence South48" 11' 55" East, a distance Vf2O.3Ofeet;
Thence South O9" 44. 11'' East, 8 distance Df31.45feet;
Thence North 02" 58' O4" East, Gdistance of4Q.57feet;
TheDce South D8" 5U' 51" East adist�Doe �f41.4Sfaet
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Thence Gouth7Q" 01' 13" East, � ���t�no� ��21.2� f�a�'
.
Thence North 72" 53' 55'' East, o distance of23.68feet;
Thence South 48" O2' 3Q" East, a distance of28.33feet:
|NTERLOoAL COOPERATIVE AGREEMENT BETWEEN N0 ! k
PORT oFAN*coRTsn AND c\TYOF AmAConrse'7
2006092 ~ 0 ' 1
Skagit County Auditor
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Thence South 23" 1U' 27" West, 8 distance Cf38.14feet;
Thence South O3" 17' 2O" West, a distance cf1S1.2S feet to the beginning ofa curve to
the right having @radius of7O178feet;
Thanceo|ongthearoofaoidourvethru4gh8oentro| 8ng|oofO7" 52' OD" adiGtanneof
' 90.35 feet tothe beginning of curve to the right having a radius of1.131.28feet, said
point being a point of compound curve;
Thence continue along the arc of said curve through a central angle of 160 03' 21" an
arc distance of317.O2 feet to the True Point of Beginning.
VVedaDda #4
Commencing atthe Southwest corner of said Government Lot 3;
Thence South 88" 11' 46" Egmt, along the South line of said Government Lot 3' a
distance Of83.GO feet;
Thence North 89" O1' OO" East, adistance of49.O0feet;
Thence North 5O" OD' OO" East, 8 distance of15O.5Ofeet;
Thence North 55" 4O' OO" East, o distance of51.2Ofeet;
Thence North 35^ OO' 08" Eaot, a distance Of 12.36 feet tO the intersection of cU[VH
having @ radius point bearing North 10" 15' 51" West, 8 distance of1,161.28feet;
Thence in,a Southwesterly direction along the arc of said curve through a central angle
of13" 35' 2O''. on arc length of275.47 feet to the West !ineof said Government Lot 3;
Thence South 01° 40' 47" West, a distance of1OG.11feet to the point Ofbeginning,
Source of legal description is Chicago Title Company, |a|ond Division, Commitment for
Title Insurance, Order No. |C37500. bearing Effective Date oy November 1O. 2005.
Parcel D
A portion of the Southeast Quarter of the Southwest Quarter of Section 22, Township
35 North, Range 1 East of the Willamette K4andi8O. described as follows:
Beginning at the Northwest corner Ofsaid subdivision;
Thence South DO" 11' 40" East along North line, a distance DfO3.DOfeet;
Thence South 14" 4O' 35" West, a distance Of60.O3Feet;
Thence South 48' 21' 50" West, a distance of 66.20 feet to the West line of said
Southeast Quarter of the Southwest Quarter;
ThGno9North1° 40' 47' EastB|ongsaidVVeot |ine. adiat@noaof112J9feettothetrue
point ofbeginning.
Source of legal description is Chicago Title Company, Island Okioiml. Commitment for
Title Insurance, Order No. |C37499, bearing EffGotVn Date of December 1. 2O05.
All situated iD Skagit County, Washington
|mTERLOCAL COOPERATIVE AGREEMENT BETWEEN | � �
PORT OFANACORTES AND Q 'T,0F�N��0�TEG n 006 92 '
Aud�or
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9/21/2006 puQw of $ 2�69P
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EXHIBIT B:
MAP OF SHIP HARBOR WETLANDS
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BARINGS ADDITION
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A PORTION OF SEC. 22, TWN. 35N., ROE. 1 E., W.M.
• Leonard, Boudinot tc Skodje Inc. EXHIBIT SCALE 1'---500' ATV 21*
%., ''• '') PROMSCINAL 040IHEERS&LAND SURVETCRS FOR
' 003 Soollx Ftrol 204.0 P 0 Sox 1200 PORT OF AMCOR= JOB/
t'f,In1 tinsvongis-Vekin:t zeo-3.-asal DATE 8-16-06 05124
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN 11111111111 qiiiiiklii
PORT OF ANACORTES AND CITY OF ANACORTES-9
2 06092 0 1
Skagit County Auditor
9/21/2006 Page 9 of 9 2:59PM