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HomeMy WebLinkAboutR-1998-014 Purchase & Sale Agreement / Sewage Lift Station / East Race StreetRESOLUTION NO. R-98 14 A RESOLUTION authorizing the City Manager and the City Clerk to execute a purchase and sale agreement, and to take such other steps as may be necessary and prudent to acquire 8,000 square feet of property in the vicinity of the intersection of S. 15th Street and East Race Street for a sewage lift station. WHEREAS, the Wastewater Division has determined that an existing lift station in the vicinity of East Race Street and South 15th Street must be replaced; and WHEREAS, the Wastewater Division has identified a suitable new 8,000 square foot site in the vicinity of East Race Street and South 15th Street for the required lift station; and WHEREAS, the property is available at an acceptable price; and WHEREAS, it is in the best interest of the City of Yakima that the City go forward with acquisition of the property by executing a purchase and sale agreement for the property and taking such other steps as may be necessary and prudent to acquire the property, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are authorized to execute a purchase and sale agreement in substantially the same form as the purchase and sale agreement attached to this resolution, and to take such other steps as may be necessary and prudent to acquire 8,000 square feet of property in the vicinity of the intersection of South 15th Street and East Race Street. Final execution of all transaction documents is subject to review and approval as to form by the City Attorney. ADOPTED BY THE YAKIMA CITY COUNCIL this X day of January, 1998. //d4 Sc..e• JOHN PUCCINELLI, Mayor ATTEST: City Clerk PURCHASE AND SALE AGREEMENT This Agreement is made and entered into this day of ,1998, by and between TED POLLOCK, (hereinafter referred to as "Seller") and CITY OF YAKIMA, a Washington municipal corporation, (hereinafter referred to as "Purchaser"), WITNESSETH: IT IS MUTUALLY AGREED by and between the parties hereto as follows: Section 1. Purchase and Sale of the Property. Seller hereby agree to sell and Purchaser hereby agrees to purchase, subject to and on the terms and conditions hereinafter set forth and for the price hereinafter fixed, certain real property in Yakima, Yakima County, Washington, legally described as follows: That portion of the hereinafter described Parcel "A" described as follows: The North 80.00 feet of the East 100.00 feet as measured perpendicular to the north and east lines of said Parcel "A." PARCEL A: That part of the S.W. 1/4 of the S.W. 1/4 of Section 20, Township 13 North, Range 19 East, W.M., described as follows: Beginning at a point 20.00 feet south and 1189.00 feet S 89°37'00" E from the Northwest corner of the Southwest Quarter of the Southwest Quarter of Section 20; Thence S 0°01'00" E 291.10 feet; Thence S 89°40'00" E 132.00 feet to the east line of said subdivision; Thence N 0°01'00" W 291.10 feet; Thence N. 89°37'00" W 132.00 feet, more or less to the POINT OF BEGINNING. Situate in the County of Yakima, State of Washington. The above-described sale property shall be referred to as the "Property." It is understood that the sale and conveyance made pursuant to this Agreement shall be subject to any and all applicable federal, state, and local laws, orders, rules, and regulations. Section 2. Purchase Price. The purchase price for the Property to be paid by Purchaser to Seller shall be the sum of Sixteen Thousand Dollars ($16,000.00) ("Purchase Price"). Section 3. Payment of the Purchase Price. The Purchase Price shall be paid by Purchaser to Seller within twenty (20) days of execution of this Agreement by both parties, Purchaser shall deposit the sum of lap\city utilities/services\wastewater\Pollock - Race & 15t1AP&S K documents\Pollock P & S K/lp PURCHASE AND SALE AGREEMENT -- Page 1 of 6 1/15/98 11:18 AM SiSixteen Thousan 1 oll ars ($1 h nnn nn) in each nr cachier'c check, with Fidelity Title xteen 1tGV UUuiiu ✓vaaa.aav �.y+v,..v.+.....,! ��. .-�...�. -._ �_.__-_ _ Insurance Company, 406 North 2nd Street, Yakima, Washington 98901 ("Title Company"), together with all applicable closing costs. Section 4. Conditions Precedent to Sale. This Agreement is subject to the following express conditions precedent, and Purchaser shall not be obligated to purchase the Property until all of the following conditions precedent are satisfied in the manner set forth below: (a) Clear Title. At or before time of closing, Seller shall clear any and all defects in the title and all liens, encumbrances, covenants, rights of way, easements, or other outstanding rights disclosed by the preliminary title report, except those matters set forth in Section 6. (b) Satisfactory Environmental Audit and Feasibility Studies. Upon execution of this Agreement, Purchaser, and its agents and subcontractors, are granted the privilege of entering upon the Property for the purpose of performing environmental audits, soil tests, asbestos tests, engineering and feasibility studies, and such other studies as Purchaser may deem necessary to determine the suitability of the Property for the purpose for which Purchaser desires to purchase the same. The results of such audits, tests, and studies must be determined to be satisfactory in Purchaser's opinion, and Purchaser shall make said determination within ninety (90) days after the date of Seller's acceptance of this Agreement. In the event that any one of the foregoing conditions precedent is not satisfied in the manner set forth above, then the Escrow Fund shall be returned to Purchaser, and this Agreement shall terminate and be without any further force and effect, and without further obligation of either party to the other. Section 5. Escrow. Within twenty (20) days of execution of this Agreement by all parties, an escrow account shall be opened with Fidelity Title Company, and Purchaser shall thereupon deposit with the Title Company the sum of Sixteen Thousand Dollars ($16,000.00), together with applicable closing costs, with instructions to Title Company to hold the same in accordance with the provisions of this Agreement. On or before the date of closing of escrow, Seller shall deposit with Title Company a duly executed Statutory Warranty Deed for the Property. Title Company shall be instructed to: (1) deliver and record the Statutory Warranty Deed to Purchaser; and (2) deliver to Seller the Purchase Price. At closing, Purchaser shall pay the following costs: (1) The escrow fee; and (2) The cost of recording the Statutory Warranty Deed. lap\city utilities/services\wastewater\Pollock - Race & 15th\P&S K documents\Pollock P & S K/Ip PURCHASE AND SALE AGREEMENT -- Page 2 of 6 1/15/98 11.18 AM Section 6. Title. Upon closing of escrow as set forth in Section 5, title to the Property shall be conveyed by Seller to Purchaser by a duly executed Statutory Warranty Deed. Title to the realty shall be in fee simple and clear of all liens, encumbrances, exceptions, and reservations other than the following: (1) Non -delinquent real property taxes (whether general or special); (2) Rights reserved in federal patents or state deeds; (3) Building or use restrictions consistent with current zoning, other than government platting and subdivision requirements; (4) Utility easements; (5) Items disclosed in the preliminary title report and expressly approved in writing or waived in writing by Purchaser. Section 7. Seller's Representations, Warranties, and Indemnities. (a) Definition of "Hazardous Substance." When used in this Agreement the term "hazardous substance" shall be defined to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic, or radioactive substance, or other similar term, by any federal, state, or local environmental statute, regulation, or ordinance presently in effect or that may be promulgated in the future, as such statutes, regulations, and ordinances may be amended from time to time, including, but not limited to, the statutes listed below: (1) Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (2) Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (3) Federal Clean Air Act, 42 U.S.C. § 7401-7626. (4) Federal Water Pollution Control Act, Federal Clean Water Act of 1977, 33 U.S.C. § 1257 et seq. (5) Federal Insecticide, Fungicide, and Rodenticide Act, Fed. Pesticide Act of 1978 7 U.S.C. § 13 et seq. (6) Federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq. (7) Federal Safe Drinking Water Act, 42 U.S.C. § 300(0 et seq. (8) Washington Clean Air Act, RCW Chapter 70.94. (9) Washington Solid Waste Management -Recovery and Recycling Act, RCW Chapter 70.95. (10) Washington Model Toxics Control Act, RCW Chapter 70.105D. (11) Washington Hazardous Waste Fees Act, RCW Chapter 70.105A. (12) Washington Nuclear Energy and Radiation Act, RCW Chapter 70.98. (13) Washington Radioactive Waste Storage and Transportation Act of 1980, RCW Chapter 70.99. lap\city utilities/services\wastewater\Pollock - Race & 15th\P&S K documents\Pollock P & S K/Ip PURCHASE AND SALE AGREEMENT -- Page 3 of 6 1/15/98 11:18 AM (b) Representations and Warranties. Seller represents and warrants to Purchaser that the following are true and correct: (1) There are no hazardous substances present on or under the Property; and (2) Seller will not cause or permit any activities on the Property which directly or indirectly could result in a release of hazardous substances on or under the Property; and Any hazardous substances that may have been released or present on or under the Property have been properly treated, cleaned up, removed, and disposed of in compliance with all federal, state, and local environmental statutes, regulations, and ordinances, including, but not limited to, the statutes listed in subsection (a) above; and (4) Seller has completed all remedial, cleanup, and corrective actions required pursuant to all federal, state, and local environmental statutes, regulations, and ordinances, and in conformance with all applicable standards of professional skill, competence, and care; and Seller shall at all times retain any and all liabilities arising from the off-site handling, treatment, storage, transportation, or disposal of hazardous substances by Seller. (c) Indemnities. Seller shall protect, defend, indemnify, and hold Purchaser harmless from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Purchaser on or after transfer of the Property and arise directly or indirectly from or out of, relate to, or in any way are connected with (1) any breach of the representations or warranties contained herein, (2) any „ �_ t Property activities on the Property during Seller's ownership, possession, or controlof use which directly or indirectly result in the Property or any other property becoming contaminated with hazardous substances, and (3) the presence, discovery, or cleanup of any hazardous substances released or existing on or under the Property at any time prior to the date title is transferred to Purchaser. Section 8. Closing; Possession. Escrow for the Property shall close on or before the day thirty (30) days after satisfaction of the conditions precedent set forth above. Purchaser shall have the right to take possession of the property on the date of closing. Section 9 Notices. Any notices required or desired to be given under this Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Any notices given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: (3) (5) lap\city utilities/services\wastewater\Pollock - Race & 15th\P&S K docurnents\Pollock P & SK/Ip PURCHASE AND SALE AGREEMENT -- Page 4 of 6 1/15/98 11.18 AM Seller: Ted Pollock 1530 N. E. Columbia Blvd. Portland, OR 97211 Purchaser: City of Yakima c/o City Manager 129 North 2nd Street Yakima, WA 98901 Title Company: Fidelity Title Company 406 North 2nd Street Yakima, WA 98901 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. Copies of all notices to Seller or Purchaser shall be given to Fidelity Title Company, and copies of all notices to Fidelity Title Company shall be given to the other party to this Agreement. Section 10. Assignment. Purchaser shall not transfer or assign this Agreement, or any interest therein, without the consent in writing of Seller, and it is agreed that any such transfer or assignment, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and shall, at the option of Seller, terminate this Agreement. Section 11. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. Section 12. Time of the Essence. Time is of the essence of this Agreement. Section 13. Law Governing. This Agreement shall be governed in all respects by the laws of the State of Washington. Section 14. Successors and Assigns. Subject to the provisions of Section 10, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. lap\city utilities/services\wastewater\Pollock - Race & 15th\P&S K documents\Pollock P & S K/lp PURCHASE AND SALE AGREEMENT -- Page 5 of 6 1/15/98 11:18 AM cectinn 1 r. Fnfire. AgrPPmPnf. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties hereto are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. Section 16. Litigation. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this •+• t tt L .1 _ � to .-11__i L.. necessary Agreement, the prevailing party snail be entitled collect, in addition to nece�saa.y court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any such action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first herein written. SELLER: Witness: PURCHASER: ATTEST: TED POLLOCK 15y: CITY OF YAKIMA, WASHINGTON ;y: City Clerk (Seal) R. A. Zais, Jr., City Manager Resolution No. lap\city utilities/services\wastewater\Pollock - Race & 15th\P&S K documents\Pollock P & S K/lp PURCHASE AND SALE AGREEMENT -- Page 6 of 6 1/15/98 11:18 AM Section 15. Entire A reement. nts It is understood and agreed that all understandings oare merand e ed eemine this whether written or oral, heretofore had between the parties her rent, which alone fully and completely expressestatement or representation not eeiirrba died eemine , that neither party is this Agreement, partyparelying upon any made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. Section 16 Litigation. In the event that any suit or action is instituted either coparty y tos eofors e compliance with or interpret any of the terms, co to Agreement, the prevailing party shall be entitled aos reasonable collect, in aatddition fees CeThessa venue court costs, such sums as the court may adjudge ch action to enforce or interpret this Agreement shall lie in the Superior Court for any such of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first herein written. SELLER: Witness: PURCHASER: ATTEST: ,d City Clerk (Seal) Resolution No. Contract No. 98-13 TED POLLOCK By: CITY OF YAKIMA, WASHINGTON Yt,lrl:i4'�. rid R. A. Zais, Jr., City Manager P & S lap\city utilities/se ND`SA1LE AaGREEMENTu-- Pagee6 of 6 1p n1TttC'HASE AND A 1/15/98 11.18 AM DETAIL MAP - 217305.1s - Fulcrum Environmental Aid,„ „Aire 444,//,", E REE EC STMIT AVE E CHESTNUT AVE 7 E RACE ST E RACE $T E ALDER ST EALDER ST EALDER ST SST PACIFIC AVE E ADAMS E ADAMS ST PACIFIC AVE qs Ul PACIFIC AVE PACIFIC AVE .k * Target Property Sites at elevations higher than or equal to the target property • Sites at elevations lower than the target property L Coal Gasification Sites (if requested) Sensitive Receptors I National Priority List Sites LiLandfill Sites 1/10 Power transmission lines Oil & Gas pipelines 100 -year flood zone 500 -year flood zone IITARGET PROPERTY: City of Yakima Race St Sewage Lift Sta. ADDRESS: S 15th SI + Race St CITY/STATE/ZIP: Yakima WA 98901 LAT/LONG: 46.5953 / 120.4817 1 CUSTOMER: Fulcrum Environmental CONTACT: Ms. Julie Reemelin INQUIRY #: 217305.1s DATE: December 11, 1997 7:15 pm WHEN RECORDED RETURN TO: e/7-'/ Or v4I-e q4 /.2.9 ,V. -WO 5--r `rAl,'iMA , 14/4 9 Mt COMITY EXCISE TAX DATE 3 I ( Q Y REG. N0, 30 60 8Y_. \. YakiKna County Tr 1/27V© STATUTORY WARRANTY DEED Grantor: (1) POLLOCK, Ted A. (2) WILLIAMS, Dennis P. Grantee: (1) CITY OF YAKIMA Legal Description (abbreviated): That portion of Parcel A described as the N 80.00' of the East 100.00' as measured perpendicular to the North and East line of said Parcel A...That part of the SW 'A of the SW' of S20T1 3NR19, EWM... Additional Legal on Page One. Assessor's Tax Parcel ID#1 91 320-33001 . Reference Nos. of Documents Released or Assigned: THE GRANTORS, TED A. POLLOCK, a single man, and DENNIS P. WILLIAMS, a married man, as his separate estate, for a valuable consideration, in hand paid, convey and warrant to CITY OF YAKIMA, the following described real estate, situated in the County of Yakima, State of Washington: That portion of the hereinafter described Parcel follows: The North 80.00 feet of the East 100.00 feet as measured perpendicular to the North and East lines of said Parcel PARCEL "A": That part of the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 13 North, Range 19, E.W.M., described as follows: Beginning at a point 20 feet South and 1189 feet South 89°37'00" East from the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 20; thence South 0°01'00" East 291.10 feet; thence South 89°40'00" East 132.00 feet to the East line of subdivision; thence North 0°01'00" West 291 feet; thence North 89°37'00" West 132 feet, more or less, to of beginning. IIT " described as "A", -1- IDELITY TITLE C MPANY 11 11 111 11 n 1 11 11 said the point 7048138 Page: 1 of 3 03M1O/1998 03:20 $ 0,00 Yakima Co, WA Situated in Yakima County, State of Washington. YAKIMA COUNTY ASSESSOR'S PARCEL NO. 191320-33001. SUBJECT TO: 1. Real property taxes and assessments for the assessment year 1998; 2. Liability for future annual assessments by reason of inclusion within the boundaries of Weed District; 3. Rights reserved in federal patents, state or railroad deeds, building or use restrictions general to the area, zoning regulations, easements, conditions, restrictions, reservations, rights of way, covenants and other servitudes appearing of record or existing in fact over or upon the property, together with encroachments, claims of adverse possession, prescriptive easements or boundary line disputes visible by inspection or which would be disclosed by survey, and any future adjudication of surface water rights by any federal or state proceeding. DATED this day of h-1/ih'(Li-/ , 1998. TED A. POLLOCK /-1 4,-"✓ +1- !fit - 7dryrti DEN IS P. WILLIAMS -2- DELITY TITLE C MPANY 11 1111 111 11 11 1 u 11 7048138 Page: 2 of 3 03/10/1998 03:20F $ A AA Yakima Co, WA STATE OF WASHINGTON ) ss. County of VA ..2 -6A -e,4 ON THIS DAY personally appeared before me TED A. POLLOCK, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER /PARC, N d official seal this - 71/1 day of of Washington, residing at )1k7Af4. My Commission Expires: 7/1/.542Anoo. an the State PUBLIC i 'n STATE OF WASHINGTON ) ss. County of W4) -(/x4/11 ) ON THIS DAY personally appeared before me Ted A. Pollock to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed** for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal this 407 day of MA AG/- , 1998. ** as Attorney in, Fact for Dennis P. Williams NOT'RY PUBLIC in and • the State of Washington, residing at Wei/W. My Commission Expires: 7//5/Z6O1 . -3- 111111 nil 7048138 Page 3 of 3 03/10:'1998 @32P FIDELITY TITLE COMPANY D $10.00 Yakima Co, WA City of Yakima 129 N. 2nd St. Yakima, WA 98901 Dear Sir, Fidelity Title Company 406 NORTH SECOND STREET • P.O. BOX 1682 • YAKIMA, WASHINGTON 98907 PHONE (509) 248-6210 (800) 666-8308 • FAX (509) 248-2048 March 19, 1998 Escrow No. 00042740 Subject Property: ,WA In connection with the above numbered escrow, we enclose the following which should be retained by you as part of your permanent records: Buyers Final Closing Statement (PLEASE RETAIN FOR YOUR RECORDS) ORIGINAL recorded Statutory Warranty Deed It has been a pleasure serving you in this transaction, and if we can be of further assistance to you, please do not hesitate to call us. Sincerely, Fidelity Title Company f Jamie Durant Escrow Assistant Buyer: City of Yakima Property: Fidelity Title Company 406 North Second Street Yakima, WA 98907 (509) 248-6210 BUYERS CLOSING STATEMENT FINAL Escrow No: 00042740-002 JC Close Date: 03/06/1998 Proration Date: 03/06/1998 Date Prepared: 03/19/1998 TOTAL CONSIDERATION: Total Consideration 16,000.00 ESCROW CHARGES Escrow Fee to Fidelity Title Company 300.00 Sales Tax to Fidelity Title Company 23.70 RECORDING FEES: Recording Fees to Fidelity Title Co. 12.00 PRORATIONS AND ADJUSTMENTS: County Taxes From 03/06/98 To 12/31/ 38.93 Based on the Semi - Annual amount of $23.68 Sub Totals 16,374.63 Balance Due From Buyer 16,374.63 Totals 16,374.63 16,374.63 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 4 For Meeting Of January 20. 1998 ITEM TITLE: Resolution authorizing the City Manager and the City Clerk to execute a purchase and sale agreement to acquire 8,000 square feet of property in the vicinity of the intersection of S. 15th Street and East Race Street for a sewage lift station SUBMITTED BY: CHRIS WAARVICK, WASTEWATER SUPERINTENDENT CONTACT PERSON/TELEPHONE: CHRIS WAARVICK, 575 6078 SUMMARY EXPLANATION: The Wastewater Division has determined that an existing lift station in the vicinity of East Race Street and South 15th Street must be replaced, and the Wastewater Division has identified a suitable new 8,000 square foot site in the vicinity of East Race Street and South 15th Street for the required lift station, and the property is available at an acceptable price. City Council has previously directed staff to present an appropriate resolution allowing the City to go forward with this property acquisition. Resolution X Ordinance _ Funding Source Contract Other(Specify) APPROVED FOR SUBMll"rAL: ty Manager STAFF RECOMMENDATION: ADOPT THE PROPOSED RESOLUTION. BOARD/COMMISSION RECOMMENDATION: N/A COUNCIL ACTION: lap/general/AGENDA FORM.Iap Cant OT YAMMIA LEGAL DEPARTMENT 200 SouthThird Street,Yakirna,Washingtan 989012830 609)575.6030 Fa,c609)575-6160 WNFIDENIIAL -NOT SUBJECT TO DISCUJSURE UNDER PUBLIC RECORDS ACT. PROTECTED BY ATTORNEY CLIENT PRIVIIEGE AND ATTORNEY WORK PRODUCT DOCTRINE MEMORANDUM December 12, 1997 TO: Mayor Lynn Buchanan and Members of City Council Dick Zais, City Manager FROM: Larry Peterson, Assistant City Attorney Chris Waarvick, Wastewater Division SUBJECT: Possible property acquisition for new sewer lift station The Wastewater Division had determined that art existing lift station in the vicinity of East Race Street and South 15th Street will soon be worn out and needs to be replaced. Wastewater has looked for other property than that presently occupied by the old lift station because the old station will have to remain in service until the new one is finished, and because a different location can avoid any conflicts with the possible future development of streets in this area. The lift station project and land acquisition has been discussed previously in executive session. Bruce Bates of the Wastewater Division has obtained an oral agreement with Ted Pollack for purchase the City of up to 8,000 square feet @ $2.00/sq.ft. for a new lift station. The property is in the vicinity of East Race Street and South 15th Street and would meet all Wastewater's objectives. The price is supported by appraisals as follows: Pollack's appraisal, @ $2.00/sq.ft. is high compared to the City's appraisal @ $1.15/sq.ft. But the area proposed for acquisition is small enough that the difference ($0.85 /sq.ft.x 8,000 sq.ft.= $6,440 ) appears not worth litigating in a condemnation action. A survey is in process for the legal description, and a Phase II Environmental Site Assessment is planned. Staff requests Council approval to move forward on this property acquisition consistent with the above price terms and normal City practices including environmental clearance of the property. Staff proposes to bring transaction documents forward for action in public meeting when such action is timely. Page 1 that existing lift station in the vicinity The Wastewater Division had determined...--- an -------- � of East Race Street and South 15th Street will soon be worn out and needs to be replaced. Wastewater has looked for other property than that presently occupied by because the old station have to remain in service until the the old lift station u« .,... will new one is finished, and because a different location can avoid any conflicts with the possible future development of streets in this area. The lift station project and land acquisition has been discussed previously in executive session. Bruce Bates of the Wastewater Division has obtained an oral agreement with Ted Pollack for purchase the City of up to 8,000 square feet @ $2.00/sq.ft. for a new lift station. The property is in the vicinity of East Race Street and South 15th Street and would meet all Wastewater's objectives. The price is supported by appraisals as follows: Pollack's appraisal, ® $2.00/sq.ft. is high compared to the City's appraisal @ $1.15/sq.ft. But the area proposed for acquisition is small enough that the difference ($0.85 /sq.ft.x 8,000 sq.ft.= $6,440 ) appears not worth litigating in a condemnation action. A survey is in process for the legal description, and a Phase 11 Environmental Site Assessment is planned. Staff requests Council approval to move forward on this property acquisition consistent with the above price terms and normal City practices including environmental clearance of the property. Staff proposes to bring transaction documents forward for action in public meeting when such action is timely.