HomeMy WebLinkAboutR-1997-026 Agreement / Boise Cascade Corporation / Tamarack Lift Station Relocation / WastewaterRESOLUTION NO. R-97- 26
A RESOLUTION authorizing the City Manager to execute an agreement with
Boise Cascade Corporation for the purchase of a 5500 square
foot lot for the relocation of the Tamarack lift station.
WHEREAS, in the operation of the City's Wastewater Treatment Plant and
Collection System it is essential to have reliable sewage pumping stations;
WHEREAS, the City's Tamarack lift station is unreliable; and
WHEREAS, the relocation of Tamarack lift station to the corner of 4th
and "P" Street is in the best interest of serving existing customers and new
residential and commercial customers in an unsewered area; and
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to purchase the proposed property for the purpose of relocating and
rebuilding the Tamarack lift station, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached
agreement with Boise Cascade Corporation for the purchase of real property
located at 4th and "P" Street for the total purchase price of Eight Thousand
Dollars ($8,000.00). The City Manager is further authorized to take all
necessary and prudent actions to close this real estate transaction.
ADOPTED BY THE CITY COUNCIL this 18th day of February , 1997.
ATTEST:
/2e_o__--b_e_A_
City Clerk
Mires Bolsa rp
(k
Lynn
uchanan, Mayor
General Offices Boise Cascade Corporation
1111 West Jefferson Street
P.O. Box 50
Boise, Idaho 83728-0001
208/384-6161
Fax: 208/384-7298
Telex.: 170 362 VIA TRT
January 30, 1997
City of Yakima
Wastewater Division
Department of Engineering & Utilities
2220 E Viola
Yakima, WA 98901
Subject: Agreement to Sell Real Property
Gentlemen:
This letter sets forth in writing the agreement reached by representatives of Boise
Cascade Corporation, a Delaware corporation ("Boise Cascade") and the City of
Yakima, a Washington municipal corporation ("Buyer"), whereby Boise Cascade will
sell to Buyer certain real property described on Exhibit A attached hereto (the
"Property"). The terms and conditions agreed upon by the parties are as follows:
1. Buyer shall pay to Boise Cascade as the total purchase price for the
Property $8,000, which amount shall be paid by cashier's check at the Closing
(hereinafter defined).
2. Boise Cascade shall convey title to Buyer at the Closing by a general
warranty deed free and clear of any and all claims, liens, or encumbrances
whatsoever, except real estate taxes and assessments for the current year and all
other encumbrances, restrictions, and reservations of record. The Property is being
sold under threat of condemnation.
3. The Closing of this transaction shall occur on or before February 28,
1997, at the offices of Boise Cascade Timber and Wood Products Division at
Yakima, Washington, or on such other date and place as the parties shall mutually
agree (herein called "Closing" and "Closing Date").
SF70124B.CM
Page 2
January 30, 1997
4 Boise Cascade shall deliver a preliminary title report on the Property
not less than five business days prior to the Closing. In the event the preliminary title
report discloses any claims, liens, encumbrances, reservations, or restrictions
against the Property not acceptable to Buyer, then Buyer shall so notify Boise
Cascade. Boise Cascade may elect to cure any claim, lien, encumbrance,
reservation, or restriction objected to by Buyer prior to the Closing or terminate this
Agreement if Buyer is unwilling to accept the Property subject to all claims, liens,
encumbrances, reservations, and restrictions listed in the preliminary title report
without reduction in the purchase price specified in paragraph 1 hereof. Within a
reasonable time after the Closing, Boise Cascade shall deliver to Buyer a title policy
in the amount of the purchase price insuring title to the Property in Buyer subject
only to the claims, liens, encumbrances, reservations, and restrictions of record
permitted herein.
5. All real estate taxes and assessments for the current year shall be
prorated as of the Closing. Boise Cascade shall pay all recording fees and transfer
taxes imposed upon the sale and transfer of the Property to Buyer. Buyer
specifically acknowledges the Property has been classified as heavy industrial, and
in the event Buyer shall hereafter change the use of said Property, Buyer shall be
solely responsible for any taxes due as a result of the change in use.
6. Boise Cascade shall bear the entire risk of loss with respect to all
timber and improvements on the Property prior to the Closing. In the event of any
loss, damage, or destruction to any improvements on the Property prior to the
Closing, the parties shall attempt to negotiate an appropriate reduction in the
purchase price, and in the event the parties cannot so agree, then Boise Cascade
shall be entitled to terminate this Agreement without further liability to Buyer
whatsoever.
7. Buyer shall be entitled to possession of the Property to be transferred
hereunder on the Closing Date.
8 Buyer hereby represents and warrants to Boise Cascade that it has not
committed or incurred any liability to any broker, finder, appraiser, or other agent for
any brokerage fees, finder's fees, or other commissions with respect to the
transaction contemplated by this Agreement, and Buyer agrees to indemnify and
hold Boise Cascade harmless from and against any claims asserted against Boise
Cascade for such fees or commissions by any such person. Boise Cascade hereby
represents and warrants to Buyer that it has not committed or incurred any liability to
any broker, finder, appraiser, or other agent for any brokerage fees, finder's fees, or
other commissions with respect to the transaction contemplated by this Agreement,
and Boise Cascade agrees to indemnify and hold Buyer harmless from and against
any claims asserted against Buyer for such fees or commissions by any such person.
SF70124B CM
Page 3
January 30, 1997
9. Boise Cascade warrants, to the best of its knowledge and belief, that
neither Boise Cascade nor any other party has placed any hazardous waste, as that
term is defined in the Comprehensive Environmental Response, Compensation, and
Liability Act, on or under the Property. Boise Cascade makes no other
representations or warranties regarding the physical condition of the Property. Buyer
takes the property "as is."
10 All terms and conditions of this Agreement shall survive the Closing of
this transaction.
11. Neither party shall record this Agreement nor any copy hereof without
the express written consent of the other party.
12. Any modification or amendment to this Agreement shall be made only
by a writing signed by both parties hereto.
If the foregoing correctly states our entire agreement, please sign and date the
enclosed copy of this letter in the space provided below and return it to the
undersigned.
Very truly yours,
BOISE CASCADE CORPORATION
SE
1108 Vice Pres dent
Enclosure
Agreed to and accepted this c 1 -day of � , 1997.
CITY OF YAKIMA
By '
Title R.A. Zais, Jr. , City Manager
C Tr CA TRACT 06: 97-14
RESaUT1011 Nv:
SF70124B CM
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By e P 0)c_.C_ -e, -✓
Title Karen Roberts, City Clerk
EXHIBIT A
CITY OF YAKIMA
TAMARACK LIFT STATION REPLACEMENT
PROPOSED LIFT STATION SITE DESCRIPTION
G&O NO. 95073
That Portion of Boise Cascade Corporation's Parcel No. 191318-2100, according to
the plat thereof filed July 31, 1981, in Book 29 of Surveys, Page 88, Records of
Yakima County, Washington, situated in the Northwest Quarter of the Northwest
Quarter of Section 18, Township 13 North, Range 19 East, W.M., described as
follows:
Beginning at the Northeast corner of the Northwest Quarter of the Northwest Quarter
of Section 18, Township 13 North, Range 19 East, W.M.; thence S 89° 44' 34" W in
and along the Northerly Section Line of said Section 18, 660 feet; thence S 0° 11'
50" E in and along a line which is also the Easterly Right -of -Way of North 4th Street,
100 feet to the true point of beginning; thence N 89° 44' 34" E in and along a line
parallel with said Northerly Section Line of Section 18, 55 feet; thence S 0° 11' 50" E
in and along a line parallel with said Easterly Right -of -Way of North 4th Street,
100 feet; thence S 89° 44' 34" W in and along a line parallel with said Northerly
Section Line of Section 18, 55 feet; thence N 0° 11' 50" W in and along a line which
is also the Easterly Right -of -Way of North 4th Street, 100 feet to the true point of
beginning.
SF70124B.CM
Filed at request of and
return to:
City of Yakima Legal Department
Attn: Raymond L. Paolella
200 South Third Street
Yakima, WA 98901-2830
STATUTORY WARRANTY DEED
GRANTOR: BOISE CASCADE CORPORATION
GRANTEE: CITY OF YAKIMA
LEGAL DESCRIPTION (abbreviated): A portion of the NW 1/4 of the NW 1/4 of
Section 18, T. 13 N., R. 19, E.W.M.
Additional legal on page one.
Assessor's Tax Parcel I.D. #191318-2100
Reference numbers of documents released or assigned: None
THE GRANTOR, BOISE CASCADE CORPORATION, a Delaware corporation,
City of Boise, County of Ada, State of Idaho, for and in consideration of Ten Dollars
($10.00) and other valuable consideration, in hand paid, conveys and warrants to CITY
OF YAKIMA, a Washington municipal corporation, GRANTEE, the following -described
real estate situated in the County of Yakima, State of Washington, to -wit:
That portion of Boise Cascade Corporation's Parcel No. 191318-2100,
according to the plat thereof filed July 31, 1981, in Book 29 of Surveys,
Page 88, records of Yakima County, Washington, situated in the
Northwest 1/4 of the Northwest 1/4 of Section 18, Township 13 North,
Range 19, East, W.M., described as follows:
Beginning at the Northeast corner of the Northwest 1/4 of the Northwest
1/4 of Section 18, Township 13 North, Range 19 East, W.M.; thence S
89°44'34" W in and along the Northerly Section Line of said Section 18,
660 feet; thence S 0°11'50" E in and along a line which is also the Easterly
Right -of -Way of North 4th Street, 100 feet to the true point of beginning;
thence N 89°44'34" E in and along a line parallel with said Northerly
Section Line of Section 18, 55 feet; thence S 0°11'50" E in and along a
line parallel with said Easterly Right -of -Way of North 4th Street, 100 feet;
thence S 89°44'34" W in and along a line parallel with said Northerly
Section Line of Section 18, 55 feet; thence N 0°11'50" W in and along a
line which is also the Easterly Right -of -Way of North 4th Street, 100 feet to
the true point of beginning.
Subject to and excepting all encumbrances, restrictions, exceptions, and
reservations of record.
DATED this day of , 1997.
BOISE CASCADE CORPORATION
By:
Vice -President
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 1997, before me personally appeared
, to me known to be the Vice -President of the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation for th euses and purposes
therein mentioned, and states that he/she was authorized to execute said instrument
and that the seal affixed 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.
NOTARY PUBLIC in and for the State of
Print Name:
Washington, residing at
My commission expires:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 2/18/97
ITEM TITLE: Property Acquisition for Relocation of Tamarack Sewage Pump Station
SUBMITTED BY: Chris Waarvick, Wastewater Plant Superintendent
Bruce Bates, Assistant Wastewater Superintendent
CONTACT PERSON/TELEPHONE: Bruce Bates, 575-6078
SUMMARY EXPLANATION:
Staff respectfully request City Council approval for the City Manager to execute an agreement for
purchase of property at fair market value ($8,000) for locating a new sewage lift station at the
corner of 4th Street and "P". Fair market value is reported and justified in the attached appraisal
from Western Appraisers Inc. Funding for this project is in the adopted 1997 budget and has
been previously assigned Project No. 1748.
On 4/2/96 through resolution R-96-45 Yakima City Council approved a contract with Gray and
Osborne Engineering to relocate, design and construct a new sewer lift station. The new lift
station will replace the existing Tamarack lift station located behind the Red Lion Inn on North
First Street. Tamarack lift station is unreliable and unable to accommodate projected sewer
flows in the area. City staff determined that the optimal site location is located at 4th and "P"
Streets. A Phase One Environmental Assessment (see attachment), was conducted, as required
for all public land purchases, and showed no conditions of environmental concern. This site will
also provide future sewer service to a large basin not currently served by city utilities.
A utility easement agreement for the site was tried unsuccessfully with the Owner, Boise
Cascade Corporation. Because of liability requirements, unacceptable to Legal, a purchase
agreement becomes necessary.
Resolution X Ordinance Contract Other (Specify) Purchase agreement
Funding Source 476 Sewer Const. Fund Approved 1997 Appropriation -Project #1748
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing City Manager to execute purchase
agreement with Boise Cascade Corporation for purchase of property at 4th and "P" Street.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. Resolution No. R-97-26