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HomeMy WebLinkAboutR-1999-148 Transfer title to a portion of Larson Park to Yakima Valley Community College (YVCC)RESOLUTION NO. R-99- 14 8 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Purchase and Sale Agreement and all other documents necessary to transfer title to a portion of Larson Park to the State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College. WHEREAS, the State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College ("YVCC") desires to purchase a portion of Larson Park from the City of Yakima ("City") as the building site for a new Higher Education Center; and WHEREAS, YVCC is willing to purchase said property from the City for a sum of Nine Hundred and Seventy Thousand Dollars and No Cents ($970,000.00); and WHEREAS, YVCC is also willing to pay the City the sum of One Million Five Hundred Thirty Thousand Dollars and No Cents ($1,530,000.00) for the replacement of athletic and associated facilities located at Larson Park; and WHEREAS, on September 30, 1998, the Parks and Recreation Commission issued a written recommendation that the City Council authorize sale of the property to YVCC; and WHEREAS, on November 3, 1998, the City Council accepted the recommendation of the Parks and Recreation Commission and authorized sale of the property to YVCC; and WHEREAS, the City Council of the City of Yakima has determined that it would be in the best interest of the citizens of the City of Yakima to authorize execution of all documents necessary to sell a portion of Larson Park to YVCC to utilize as a building site for a Higher Education Center, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Purchase and Sale Agreement" and all other documents necessary to transfer title to a portion of Larson Park to the State of Washington, State Board for (1k)res/yvcc/Iarson park/purchase/pm Community and Technical Colleges, Yakima Valley Community College for use as a building site for a Higher Education Center. ADOPTED BY THE CITY COUNCIL this 7th day of December, 1999. ATTEST: John Puccinelli, Mayor City Clerk Contract No. Resolution No. (Ik)res/yvcc/larson park/purchase/pm PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is entered into by and between the City of Yakima, a municipal corporation ("Seller"), and the State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College, acting through the Department of General Administration ("Purchaser"). WHEREAS, pursuant to 1999 Wash. Laws Chapter 379, Section 776, the Washington State Legislature appropriated 2.5 million dollars to the State Board for Community and Technical Colleges, Yakima Valley Community College, for the acquisition from the City of Yakima of real property adjacent to the College and for the relocation of City of Yakima sport facilities from the acquired property. WHEREAS, the Seller is willing to sell said real property to the Purchaser in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Seller and Purchaser as follows: 1. Offer and Acceptance. Seller hereby agrees 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 on Exhibit "A", attached hereto and hereby made a part hereof, together with all of Seller's right, title, and interest in and to the buildings, improvements, appurtenances, and fixtures located thereon. The sale property and all improvements attached thereto shall collectively be referred to as the "Property." 2. Purchase Price. The purchase price for the Property to be paid by Purchaser to Seller shall be the sum of Nine Hundred Seventy Thousand Dollars and No Cents ($970,000.00). The purchase price shall be paid in the form of a wire transfer to the Closing Agent prior to the time of closing. This Agreement is further subject for a period as indicated below, to the Purchaser obtaining and approving the following information, reports, and approvals: a. Final review and approval of the State Board for Community and Technical Colleges and Yakima Valley Community College. Written approval shall be delivered to the Seller not later than February 4, 2000. b. Receipt of a preliminary commitment for title insurance by December 17, 1999. c. Final review and approval of the Office of the Attorney General of the State of Washington by February 4, 2000. In the event that the foregoing conditions are not satisfied on or before February 4, 2000, then this Agreement shall terminate and be without any further force and effect, and without further obligation of either party to the other. lk\agree\yvc pur & sale-nov 99-7.doc Page 1 of 8 3. Time for Acceptance. Purchaser's offer is made subject to the acceptance of Seller on or before the close of business on December 4-, 1999. To accept, Seller must sign, notarize and return the Agreement to Purchaser. N,December 23, 1999 4. Escrow. The parties shall deposit this Agreement, and such other documents and monies as are required hereby into an escrow (the "Escrow") established with Valley Title Guarantee (the "Closing Agent"). 5. Title/Title Insurance. Subject to performance by the Purchaser, the Seller agrees to execute and deliver on the date of closing a Quitclaim Deed to the subject Property free and clear of all encumbrances except those which are acceptable to the Purchaser. Purchaser shall notify the Seller of any objection to the title by Deee+be 30,January 12, 2000 1999. The Seller shall have until Jaiikkary-287.2-007, to remove said title objections. If Seller is unable or unwilling to cure or to sure over said exceptions by use of said efforts, Seller shall so notify Purchaser, and P chaser shall have five (5) notify Seller in writing of its election to either: February 11, 2000 a. Terminate this Agreement, by written notice to Seller, where's o r neither party shall have any further rights or liabilities hereunder; or b. Waive its objections to title and, in such event, Seller shall remove or insure over the exceptions that Seller was able or willing to cure or insure, and the parties shall close the transaction contemplated by this Agreement. 6. Date of Closing. Closing of this transaction, subject to Sections 2 and 5 of this Agreement, shall occur in the offices of the Closing Agent on or before FebTt1±ry 29J1arch 110, 2000. For purposes of this Agreement the "closing" shall have occurred when all appropriate documents are recorded and the proceeds of the sale are available for disbursement to Seller. 7. Closing Costs. Seller shall pay the following costs and expenses in connection with this transaction: a. One-half (1/) escrow fee; b. Real property taxes shall be prorated to the date of closing, unless the property is leased to the Purchaser, in which case the terms of the lease concerning taxes shall govern; c. All utilities such as electricity, water, gas, oil, and real estate property taxes shall be prorated to the date of closing; d. One half (1/2) of the real estate excise taxes or transfer taxes due on conveyance, if any; e. Title insurance premium or abstract fee and sales tax thereon, if any; and f. Any special assessments, L.I.D. assessments and R.I.D. assessments which are levied against the Property at the time of closing shall be paid in full by the Seller. lk\agree\yvc pur & sale-nov 99-7.doc Page 2 of 8 Purchaser shall pay the following costs and expenses in connection with this transaction: a. One-half (1) escrow fee; b. Fees for recording of the Quitclaim Deed; and c. Real property taxes shall be prorated with Purchaser paying the portion accruing for the period after the date of closing, if applicable. The state of Washington is real estate tax exempt; d. One-half (l) of the real estate excise taxes or transfer taxes due on conveyance, if any. 8. Transfer of Possession of Property to Purchaser. Purchaser shall have the right to take possession of the Property on the date of issuance of a City of Yakima building permit for construction of a building or on June 30, 2001, whichever occurs first 9. Responsibility Prior to Transfer of Possession to Purchaser. Until such time as the Purchaser takes possession of the Property, the Seller shall be responsible, at its sole cost and expense, for the operation, maintenance, repair and upkeep of all facilities, grounds, fixtures and equipment on the Property, with the exception of the gymnasium owned by the Purchaser. In addition, and until such time as Purchaser is entitled to possession of the Property, Seller shall be responsible for all claims, actions, costs, damages and expenses of any nature by reason of the acts or omissions of the Seller, its officers, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with Seller's possession of the property. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Purchaser or its authorized agents or employees; Provided that if the claims or damages are caused by, or result from, the concurrent negligence of the (a) Seller, its officers, assigns, agents, contractors, licensees, invitees, or employees or the (b) Purchaser, its officers, assigns, agents, contractors, licensees, invitees, or employees, and involves actions covered by RCW 4.24.115, this provision shall be valid and enforceable only to the extent of the negligence of the Seller or the Seller's officers, assigns, agents, contractors, licensees, invitees, or employees. 10. Governmental Approval. If the approval of any governmental agency is required for the sale of the Property, it is understood and agreed that this agreement is subject to obtaining such approval. Purchaser shall, at Purchaser's expense, use best efforts and take all steps necessary to obtain such governmental approval. The closing date shall be extended, subject to the limits in Section 6 of this Agreement, for such period as may be required to obtain such approval. 11. Survey; Subdivision. In the event a city, county, or other governing authority having jurisdiction over the Property requires a survey or plat or has a subdivision ordinance, Purchaser shall, at Purchaser's expense, comply with such lk\agree\yvc pur & sale-nov 99-7.doc Page 3 of 8 ordinance and take all steps necessary to obtain such survey, plat or subdivision. Seller agrees to cooperate with Purchaser in obtaining the necessary approvals. The closing date shall be extended, subject to the limits set forth in Section 6 of this Agreement, for such period as may be required to obtain such approval. 12. Condition of Title. Seller hereby agrees from and after the date hereof until the termination of this Agreement or the closing of the sale of the Property, that: a. It will take no action that will adversely affect title to or development of the Property; b. It will not mortgage, encumber or permit the encumbrance of all or any portion of the Property without Purchaser's prior written consent; and c. It will not enter into any written or oral contracts or agreements with respect to the Property; provided, however, that the Seller may enter into recreation related contracts in the normal course of operations of the City of Yakima Parks and Recreation Division so long as such contracts terminate on or before the date of possession of the Property is transferred to the Purchaser. 13. Time is of the Essence. Time is of the essence in the performance of any obligations pursuant to this Agreement. No failure of either party to insist upon the strict performance of the other party's obligation hereunder shall constitute a waiver of strict performance thereafter of all of the other party's obligation hereunder. 14. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and personally served or by certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address as may be designated by either party: Seller: Purchaser: Mr. R. A. Zais, Jr. Karen Judge, Vice President City Manager Yakima Valley Community City of Yakima College 129 North Second Street 1015 South 16th Avenue Yakima, WA 98901 Yakima, WA 98902 Any notice given pursuant to this Agreement shall be deemed effective the day it is personally delivered or three (3) business days after the date it is deposited with the United States Postal Service. 15. Law Governing. This Agreement shall be governed in all respects by the laws of the State of Washington. 16. Entire Agreement. All understandings and agreements previously existing between the parties, if any, are merged into this Agreement, which alone fully and completely expresses their agreement, and the same is entered into after full investigation, neither party relying upon any statement or representation made by the other not embodied herein. This Agreement may not be changed or terminated orally. lk\agree \yvc pur & sale-nov 99-7.doc Page 4 of 8 17. Leases. All leases on land and/or improvements on the Property shall be assigned to the Purchaser at the time of closing. All rents shall be prorated to the date of closing and any unearned rents or prepaid rents, damage or security deposits shall be refunded at closing. 18. 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. 19. Non -Foreign Affidavit. Seller is not a foreign person as the term is used and defined in Section 1445 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder. Seller shall, upon request of Purchaser, complete an affidavit to that effect. 20. "As Is Condition". After having the opportunity to inspect the Property, Purchaser understands and agrees that the property is being conveyed by the Seller, in its current "as -is" condition, with no representations or warranties." 21. Successors and Assigns. Subject to the provisions of Section 22, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. 22. 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. 23. Athletic Facilities Replacement Costs. In addition to the purchase price for the Property set forth in Section 2 above, Purchaser agrees to pay to Seller at closing for the replacement of athletic and associated facilities in the amount of One Million Five Hundred Thirty Thousand Dollars and No Cents ($1,530,000.00). This payment from Purchaser to Seller shall be in the form of a wire transfer to Closing Agent prior to the time of closing. This payment has been negotiated by the Purchaser and Seller and represents the total replacement costs due to Seller. 24. Purchaser's Title Information. Unless otherwise notified by Purchaser in writing prior to the date of closing, Seller shall convey the Property to Purchaser named as follows: State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College lk\agree\yvc pur & sale-nov 99-7.doc Page 5 of 8 IN WITNESS WHEREOF, THIS AGREEMENT has been made, signed and sealed by the parties hereto this day of ,1999. PURCHASER: State of Washington, State Board for Community and Technical Colleges, _ Yakima Valley Community College' By: Mark�f Lalai.e, Manager, Real Estate Group, Divieal Estate Services Robert A. Bippet, Assistant Director, Division of Real Estate Services APPROVED AS TO FORM: Date: _Le ',(J m By: AA �n Xt/ (l t C ta,i.. ttorney General STATE OF WASHINGTON ) County of 614-‘011A- ) On this )Li— day ofr, 1999, before me personally appeared R. A. ZAIS, JR., to me known to be the City Manager of the municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. ) ss. SELLER: City of Yakima, a municipal corporation By: � R. A. Zais, Jr. City Manager Attest: City Contract N o . 99-124 Resolution No. R-99-148 Printed Name: nn S1\10V61.1C� Notary Public in anfore State of Washington, residing at /V4Che.t (41146—k " My commission expires 6-6. lk\agree \yvc pur & sale-nov 99-7.doc Page 6 of 8 STATE OF WASHINGTON ) ) ss. County of Thurston I, the .undersigned, a Notary Public, do hereby certify that on this 7rt/ day of , %:= , personally appeared before me MARK L. LAHAIE, Real Estate Group, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oathstated that he was duly authorized to execute said docu. ent. In Witness Wh:ereof;,F,-,have, ereunto set. my hand and affixed offic. meal the day s and year first above written VS STATE OF WASHINGTON ) ) ss. County of Thurston 'nted Name: i�. _ S Notary Public in and for the State of Washington, residing at 0.(-- ct r1 My commission expires /it 70/ I, the undersigned, a Notary Public, do hereby certify that on this 7T day of T Po met' /119 , personally appeared before me ROBERT A. BIPPERT, Assistant Director, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof. I; lave hereunto set my hand and affi and year first above *ritrteri: lk\agree \yvc pur & sale-nov 99-7.doc al seal the day hinted N e: Tem -t +uS Notary Public in and for the State of Washington, residing at &r My commission expires (/ t / 0 / Page 7 of 8 EXHIBIT A The east 288.15 feet of the south 250.00 feet, of the N.W. 1/4, of the S.W. 1/, of the N.W. 1/, of Section 25, Township 13 North, Range 18, East W.M., as measured perpendicular to and parallel with the south and east lines thereof; and The east 36.00 feet of the west 56.00 feet, of the N.E. 1/4, of the S.W. 1/4, of the N.W. 1/, of Section 25, Township 13 North, Range 18, East, W.M., as measured perpendicular to and parallel with the west line thereof; and The west 20.00 feet of the south 250.00 feet of the N.E. 1/, of the S.W. 1/, of the N.W. 1/, of Section 25, Township 13 North, Range 18, East, W.M., as measured perpendicular to and parallel with the west and south lines thereof; and The south 215.00 feet of the N.E. 1/, of the S.W. 1/, of the N.W. 1/, of Section 25, Township 13 North, Range 18, East W.M., as measured perpendicular to d parallel with the south line thereof, Except the West 56 feet thereof EXCEPT right of way for streets along the north and east sides thereof. Situate in the County of Yakima, State of Washington. lk\agree\yvc pur & sale-nov 99-7.doc Page 8 of 8 Acquisition No.166-6-99 (Yakima)MLL/cns Date: April 17, 2000 Page 2 of 3 STATE OF (190N'c\* ) ) ss. County of Ya 14( c ) On this cSday of ; i 1 , A.D., 20 00 , before me personally appeared g.4, Vis, cid, to me known to -be the Oki 4114 na.qer of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed th-- orporate seal of said corporation. RA N In Witne . v1 °=Vitt, he Lunto set my hand and affixed my official seal the day and year first above t moi..{ STATE OF WASHINGTON ) ) ss. County of Thurston rRtewd--1— Notary Public in and for the State of Washington, Residing at iAYrU My commission expires (0-5~ O I, the undersigned, a Notary Public, do hereby certify that on this day of , 20 , personally appeared before me MARK L. LAHAIE, Real Estate Group Manager, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires Acquisition No.166-6-99 (Yakima)MLL/cns Date: April 17, 2000 Page 3 of 3 STATE OF WASHINGTON ) ) ss. County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this day of , 20 , personally appeared before me ROBERT A. BIPPERT, Assistant Director, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. F For Meeting of December 7, 1999 Consideration of resolution authorizing execution of a Purchase and Sale Agreement and other documents necessary to transfer a portion of Larson Park to Yakima Valley Community College Chris Waarvick, Public Works Director Glenn Rice, Assistant City Manager Ray Paolella, City Attorney Paul T. McMurray, Assistant City Attorney CONTACT PERSON/TELEPHONE: Glenn Rice, 575-6040 Ray Paolella, 575-6030 Paul T. McMurray, 575-6030 SUMMARY EXPLANATION: Yakima Valley Community College ("YVCC") desires to purchase a portion of Larson Park from the City of Yakima ("City") for use as a building site for a new Higher Education Center. YVCC is willing to pay the City a total of $2,500,000 for the property and the replacement of athletic facilities located thereon. On September 30, 1998, the City Parks and Recreation Commission recommended that the City Council authorize the property sale. On November 3, 1998, the City Council considered and authorized the sale and directed staff to prepare the necessary documents. After further discussions and negotiations, representatives of YVCC and the City have reached an understanding on the specific language and terms of the property sale. This understanding is reflected in the attached resolution and "Purchase and Sale Agreement." The attached resolution authorizes execution of the Agreement and all other documents necessary to transfer the property to YVCC. Resolution X Ordinance Contract X Other (Specify) map Funding Source ---� APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing Purchase and Sale Agreement and other documents necessary to transfer property to YVCC BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: )rvcamy ,::7,se. f►1w�"l 011. AZ_ YVC campus Expansion Mosaic of Digital Onhophotography flown 03/12/94 A Proposed Sale Property °II., fr• Scale - lin = 200ft 5 • • 0 100 200 Created: December 01, 1999 Acquisition No.166-6-99 (Yakima)MLL/cns Date: February 15, 2000 Page 1 of 3 AMENDMENT #1 TO PURCHASE AND SALE AGREEMENT THIS AMENDMENT TO THAT PURCHASE AND SALE AGREEMENT ("Agreement") dated January 7, 2000 is made by and between the City of Yakima, a municipal corporation ("Seller"), and the State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College, ("Purchaser"). The Purpose of this Amendment is as follows_ 1) To extend the date by which the Seller has to remove title exceptions in section 5 of Purchase and Sale Agreement, from February 11, 2000 to March 3, 2000. 2) To extend the date by which the closing shall occur in section 6 of the Purchase and Sale Agreement, from March 10, 2000 to March 31, 2000. All other terms and conditions to this Purchase and Sale Agreement, unless specifically altered, modified, or changed herein, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. PURCHASER: State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College By: Mark L. Lahaie, Manager Real Estate Group ivision o�' al Estate Services Robert A. Bippert, Assist.. 9t irector Division of Real Estate Services SELLER: City of Yakima, a municipal corporation By: R. A. Zais, Jr. City Manager Attest: City Clerk APPROVED AS TO FORM: Date: February 18, 2000 By: Approval on File City Contract No. 99-124 Acquisition No.166-6-99 (Yakima)MLL/cns Date: February 15, 2000 Page 2 of 3 STATE OF tk-)0,-5 t�x ) ) ss. County of c/a --1,--k vet �— ) On this I day of V14..c;1 , A.D., 20 ° ° , before me personally appeared t- _ , S + to me known to be the C=- I)71A-0--1^--e-1,,,--Y- of -�� of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that k was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. have hereunto set my hand and affixed my official seal the day and County of Thurston Notary Pubh Residing at or the State of Washington, My commission expires (.12No),-) I, the undersigned, a Notary Public, do hereby certify that on this '{`-day of , 20 ,' '72 , personally appeared before me MARK L. LAHAIE, Real Estate Group Manager, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. r7/! / ; 1 / otary Public in apc1 for the State of Washington, ,.fResiding at it My commission expires STATE OF WASHINGTON ) ss. County of Thurston ) Acquisition No.166-6-99 (Yakima)MLL/cns Date: February 15, 2000 Page 3 of 3 I, the ndersigned, a Notary Public, do hereby certify that on this /? ' cfay of ,4. l , 20 " , personally appeared before me ROBERT A. BIPPERT, Assistant Director, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. w or!/0?ipr��. _ 7 (a. 4cL4-: AI (Ycedai,A otary Public id for the State of Washington, Residing at My commission expires Acquisition No.166-6-99 (Yakima)MLL/cns Date: April 17, 2000 Page 1 of 3 AMENDMENT #2 TO PURCHASE AND SALE AGREEMENT THIS AMENDMENT TO THAT PURCHASE AND SALE AGREEMENT ("Agreement") dated January 7, 2000, and amended February 15, 2000, is made by and between the City of Yakima, a municipal corporation ("Seller"), and the State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College, ("Purchaser"). The Purpose of this Amendment is as follows_ 1) To extend the date by which the Seller has to remove title exceptions in section 5 of Purchase and Sale Agreement, from March 3, 2000 to May 12, 2000. 2) To extend the date by which the closing shall occur in section 6 of the Purchase and Sale Agreement, from March 31, 2000 to May 31, 2000. All other terms and conditions to this Purchase and Sale Agreement, unless specifically altered, modified, or changed herein, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. PURCHASER: State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College By: By. c) M'ark'L La me, Manager Real Estate Group Division . f ,eal Estate Services Arfr • R•pert A.Bippert,Assiirector Division of Real Estate Services 6Y_ ASSI NT ATTORNEY GENERAL SELLER: City of Yakima, a municipal corporation By: R. A. Zais, Jr. City Manager APPROVED/NS TO FORM: Date: �- 5- By: 06-1 ct CITY CONTRACT NO: �' I oZ �y STATE OF UbhiR ) County of Y01. 6'1M ss. Acquisition No.166-6-99 (Yakima)MLL/cns Date: April 17, 2000 Page 2 of 3 On this 0 day of e , A.D., 20 0° , before me personally appeared s, to me known to be the (Yld racier of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed t9-• RAN orporate seal of said corporation. T -13ixfitt he unto set my hand and affixed my official seal the day and 1.4TEoPIp� In Witne year first above STATE OF WASHINGTON ) ) ss. County of Thurston Notary Public in and for the State of Washington, Residing at yuAYn� My commission expires I, the undersigned, a Notary Public, do hereby certify that on this ) c day of L.,/ , 203 , personally appeared before me MARK L. LAHAIE, Real Estate Groi4'Manager, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witri year first abs; have hereunto set my hand and affixed my official seal the day and Notary Public in and for the State of Washington, Residing at �.ti • r My commission expires /_ Acquisition No.166-6-99 (Yakima)MLL/cns Date: April 17, 2000 Page 3 of 3 STATE OF WASHINGTON ) ) ss. County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this „./ day of '1' , 20 e2 7 , personally appeared before me ROBERT A. BIPPERT, Assistant Dire or, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and , ,pro fs year first above 1-4 Notary Public in and for the State of Washington, Residing at _.��," My commission expires ",",./,---; Acquisition No 166-6-99 (Yakima)MLL/cns Date: June 8, 2000 Page 1 of 3 AMENDMENT #3 TO PURCHASE AND SALE AGREEMENT THIS AMENDMENT TO THAT PURCHASE AND SALE AGREEMENT ("Agreement") dated January 7, 2000, amended February 15, 2000 and April 17, 2000, is made by and between the City of Yakima, a municipal corporation ("Seller"), and the State of Washington, State Board for Community and Technical Colleges, Yakima Valley Community College, ("Purchaser") . The Purpose of this Amendment is as follows_ 1) To extend the date by which the Seller has to remove title exceptions in section 5 of Purchase and Sale Agreement, from May 12, 2000 to June 19, 2000 2) To extend the date by which the closing shall occur in section 6 of the Purchase and Sale Agreement, from May 31, 2000 to June 30 2000. All other terms and conditions to this Purchase and Sale Agreement, unless specifically altered, modified, or changed herein, remain in full force and effect IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. PURCHASER: SELLER: State of Washington, State Board for / City of Yakima, Community and Technical Colleges, a municipal corporation Yakima Valley .Community College By: Mark L. Lahaie, Manage{ Real Estate Group al Estate Services By: <�; •��s�� Attest R. A. Zais, tr. City Manager t A PSL �4 Robert A. Bippert, As stza t Director City Clerk Division of Real Estate Services 61, APPRO 7TkOO FORM: Date. By: �n Acquisition No 166-6-99 (Yakima)MLL/cns Date- June 8, 2000 Page 2 of 3 STATE OF Washington ) ) ss. County of Yakima ) On this 20th day of June , A.D , 20 00 , before me personally appeared R. A. Zais, Jr. to me known to be the City Manager of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. In year first ave hereunto set my hand and affixed my official seal the day and County of Thurston Notary Publib-in and for the State of Washington, Residing at , "' My commis''o. expires (.0 S Vi I, the undersigned, a Notary Public, do hereby certify that on this day of 2 ,.. , 20 !`e Y-` , personally appeared before me MARK L LAHAIE, Real %>�state Group Manager, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document In Witness Where, hhaw$ hereunto set my hand and affixed my official seal the day and year first above written: Notary Publi i. ,and for the State of Washington, Residing at My commission expir s Acquisition No.166-6-99 (Yakima)MLL/cns Date June 8, 2000 Page 3 of 3 STATE OF WASHINGTON ) ) ss County of Thurston ) \ I, the undersigned, a Notary Public, do hereby certify that on this ' day of , 20 e=) i), personally appeared before me ROBERT A. BIPPERT, sistant Director, Division of Real Estate Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. ft v f ° : r f4 ,,�2a �'f1.a otary Public 'pa d for the State of Washington, Residing at . ( �r My commission expires r y>A> City Of Yakima 129 N 2nd St Yakima, WA 98901-2613 Dave Cook, Assesor Courthouse Room 112 Yakima, WA 98901 (509) 574-1100 Toll Free 1 (800) 572-7354 FAX (509) 574-1101 11 JUL 6 - 1 ai fr r" Wednesday, July 19, 2000 Re Parcel Number: 181325-23006 This Letter is to notify you that on Wednesday, July 19, 2000 a Short Subdivision Exemption (SSE) was completed on your property. The reference number is SM000271. On the enclosed computer printout(s) and map you will find the old parcel number(s) followed by the new parcel number(s). The total assessed values of the old parcel(s) have not been changed. The values have only been redistributed to the new parcel(s). If you have any questions concerning this, please come into the office or call 574-1100. If the parcels were merged, any taxes due this year will continue to be billed on the old parcel number(s). Questions regarding tax bills should be directed to the County Treasurer at 574-2800. Sincerely, tip= :-- Dave Cook Yakima County Assessor DC:tf Enclosure YAKIMA COUNTY Office of the Assessor Seg/Merge Step 4 Report Seg/Merge Information: Seg/Merge Number: SM000271 Document Number: SSE 46-98 City of Yakima Seg/Merge Type: Seg/Merge Status: Remarks: Parcel Creation Complete Completed EFF DATE 11/20/1998 EA -328517 Initiation Date: Completion Date: Effective Date: Status Last Changed Date: Value Total: 07/12/2000 07/19/2000 07/12/2000 07/19/2000 15,708,000 Parent Parcel Information Market Value Parcel Number Cont Continued Value Real Property Type/Situs TCA 181325-23001 N Land and Improvements 16TH AV S/NOB HILL Attributes: 0 Current Use: Descrip: Applicata Date: Approval Date: Effective From: Other Exemptions To ❑ Location Parcel(s) Home Improvement: Amount: Effective From: Land Improvmnts Party Type 333 309,000 2,490,000 To Location Parcels: Name & Address Owner YAKIMA CITY 129 N 2ND ST YAKIMA, WA 98901-2613 Taxpayer YAKIMA VALLEY COMMUNITY COLLEGE 1015 S 16TH AVE YAKIMA, WA 98902 Owner YAKIMA VALLEY COMMUNITY COLLEGE 1015 S 16TH AVE YAKIMA, WA 98902 Senior/Disabled: Type: Income: Effective From: Applied: Role Percentage 100% 100% Other Exemptions: Type. Government Property Effective From: To % Applied: 100 To Parent Parcel Information Market Value Parcel Number Cont Continued Value Real Property Type/Situs 181325-23002 N Land and Improvements 16TH AV S/NOB HILL TCA Land Improvmnts Party Type 333 309,000 50,000 Owner Owner Taxpayer Name & Address YAKIMA VALLEY COMMUNITY COLLEGE 1015 S 16TH AVE YAKIMA, WA 98902 FOUNDATION OF YAK VALL COMMU COLLEGE S 16TH AVE YAKIMA, WA 98902 YAKIMA VALLEY COMMUNITY COLLEGE 1015 S 16TH AVE YAKIMA, WA 98902 Role Percentage 100% 100% Donn 1 Attributes: 0 Current Use: Descrip: Applicatn Date: Approval Date: Effective From: Other Exemptions To ❑ Location Parcel(s) Home Improvement: Amount: Effective From: To Location Parcels: Senior/Disabled: Other Exemptions: Type: Type: Government Property Income: Effective From: To Effective From: To % Applied: 100 Appiied: Parent Parcel Information Market Value Parcel Number Cont Continued Value Real Property Type/Situs TCA Land Improvmnts Party Type Name & Address Role Percentage 181325-23005 N Land and Improvements 333 535,500 12,014,500 16TH AV S/NOB HILL Attributes: 0 Other Exemptions 0 Location Parcel(s) Current Use: Home Improvement: Descrip: Amount: Applicatn Date: Effective From: Approval Date: Effective From: To To Location Parcels: Taxpayer YAKIMA VALLEY COLLEGE 100% PO BOX 1647 YAKIMA, WA 98907 Owner YAKIMA VALLEY COLLEGE 100% PO BOX 1647 YAKIMA, WA 98907 SenioriDisabled: Other Exemptions: Type. Type: Government Property Income: Effective From: To Effective From: To % Applied: 100 % Applied: Dona 9 Child Parcel Information Parcel No. Real Property Type/Size 181325-23006 Land and Improvements Details Use Code/TCA Use Code. 76 Park Tax Code Area: 333 Size: 4.39 Acre(s) Parcel No. Real Property Type/Size Situs Address/Located On WASHINGTON ST/S 12TH ST ® Taxable Valuation Tax Year: Land Value. Improvement Value. Added Improvement: New Construction: Appraised By Situs Address/Located On 181325-23007 Land and Improvements WASHINGTON ST/S 16TH AVE Details Use Code/TCA Use Code. 76 Park Tax Code Area: 333 Size: 6.87 Acre(s) ® Taxable Valuation Tax Year. Land Value. Improvement Value. Added Improvement: New Construction: Appraised By: Party Type Owner Name & Address CITY OF YAKIMA 129 N 2ND ST YAKIMA, WA 98901-2613 Taxpayer YAKIMA VALLEY COLLEGE PO BOX 1647 YAKIMA, WA 98907 Characteristics Process Status: 2001 0 Current Use Completed $154,500 00 $30,500 00 $0 00 $0 00 Locally Assessed 2001 $231,750.00 $33,300.00 $0.00 $0 00 Locally Assessed 0 0 El 0 Home Improvement Senior/Disabled Other Exemption Location Parcels(s) Party Type Name & Address Owner YAKIMA VALLEY COLLEGE PO BOX 1647 YAKIMA, WA 98907 Taxpayer YAKIMA VALLEY COLLEGE PO BOX 1647 YAKIMA, WA 98907 Characteristics ❑ Current Use ❑ Home Improvement O Senior/Disabled Other Exemption ❑ Location Parcels(s) Process Status: Completed Donn Parcel No. Real Property Type/Size Situs Address/Located On 181325-23008 Land and Improvements NOB HILL BLVD/S 16TH AVE Details Use Code/TCA Use Code: 68 Service - Education Tax Code Area: 333 Size: 22.27 Acre(s) ® Taxable Valuation Tax Year Land Value: Improvement Value: Added Improvement: New Construction. Appraised By 2001 $766,750.00 $14,491,200 00 $0.00 $0.00 Locally Assessed Party Type Name & Address Owner YAKIMA VALLEY COLLEGE PO BOX 1647 YAKIMA, WA 98907 Taxpayer YAKIMA VALLEY COLLEGE PO BOX 1647 YAKIMA, WA 98907 Characteristics Process Status: ❑ Current Use Completed ❑ Home Improvement ❑ Senior/Disabled ❑ Other Exemption ❑ Location Parcels(s) Donn A 22454 22460 6 22466 AFTER 2471 1111.4 BEFORE L2466 112 ��d7� I I$1111 '11 1 1I ARLINGTON STREET 22485 2 23002 DUNBAR FIELD Ileaae • Cny of Yaklm51 23801 LARSON PARK GYM 23001 TENNIS COURTS 23005 1 PARKER FIELD i1LRKBJCAREA W NOB HILL BLVD 1 111 1 3240111 10 11 S 12TH AVENUE 24 24 J —i 45 24 2 D.4 24 f 25 ;8 f 27 28 s 29 53 f 61 0 41 is 48 47 1 01 02 04 4487 14488 4489 4490 — ARLINGTON STREET 23007 6.87 DUNBAR FIELD llama- City of yakko.) I 23801 LARSON PARK 23006 4.39 TEAMS CDUR28 GYM I ICI_ I 2,3008 122.27 I I LI I IAIMING AREA L PARKER FIELD W NOB HILL BLVD -I 1 1I01 11 10 II Seg Type: 'SSE 46-98 City of Yakima' Scale: 1" = 300 feet Scale: 1' = 300 feat Yakima County Geographic Information Services 128 N 2nd Street, Courthouse Room 421 Yakima, WA 98901 1509)574-2990 July 12, 2000 SM000271 Range 18 Township 13 Section 25 11 Ir. 4 1 1 1 1 11 2" B.C. FOUND N 0'00'00' E 16th AVENUE 0s N 30' 0 0) 30' 03 S 89'52'24" E x x BALL FIELD ARLINGTON 626.23' --- FARCE FARCE NO. 81325-23002 x x BALL FIELD x x AC. 7] U AC. S 89054'18" E ((,..__. ;5 1 ti z X x —s 1202.45' W 2-1/2" B.C. FOUND /�B LEACHERS} '7/, BALL FIELD EXISTING PARCEL 20 36.00' f0 BOUNDARIES LARSON RESTRO 308.15' MS PROPOSED PARCEL BOUNDARIES / /• \BUILDING CORNER / 1.5' SOUTH OF • • PROPERTY LINE GLENN HALL :/•77••7 •879.:5,7441,8i 9 4li '1 •.7•..// / / / / / / BALL FIELD 288.15' BUILDING CORNER .9' SOUTH OF PROPERTY LINE ANTHON HALL 0 0 STREET 520.23' 2-1/2" B.C. FOUND 1312.53' boo L XOSTONG: 7o70 AC. PROPOSED: 4.39 AC. PARCEL O. i X325-23001 PARK S 89'54`18" E 520.04' 03 N co M 7/////////// HANDBALL COURTS / / / / / / / / GYMNASIUM 864.08' COVERED WALKWAY PARCE NO. 181325-23005 EXOSTN G: 17.44 AC. PROPOSED: 22.27 AC. YAKIMA VALLEY C OMVIMU 1201.21' x TENNIS COURTS 575.93' x x x /7/7/7/7/7/ /••••••,-7/•..., BUILDING CITY COLLEGE x x x x r 0 0 03 cJ M c0 r 0 M N 89'56'13" W WEST 1/4 COR., SEC. 25, T. 13 N., R. 18 E.,W.M. BRASS PIN IN CASED MON. SEE LCR 2M-1025 NOB HILL BLVD. 1311.18' 03 naN 80' 12th AVENUE 80' S 00'03'29" W BRASS PIN IN CASED MONUMENT FOUND SCALE BAR 100 0 50 100 SCALE: 1"=100' 4A (11 .tt �II 044 gew pai a!� CIVIL ENGINEERING • LAND SURVEYING • PLANNING 3800 Summitview, Suite 100 ♦Yakima, WA 98902 (509) 966-7000 ♦ FAX (509) 965-3800 � w Lz4 :244 re 4.1t4 a' ti w� w DATE OF FIELD SURVEY: 6-23-98 FIELD BOOK: YAKIMA #53 JOB NO. 98075 FILE NAME: 98075LLA.DWG DRAWN BY: KDY DATE: 11-10-98 T13N, RI8VIM SHEET 4 OF 1