The URL can be used to link to this page

Home My WebLink AboutR-1998-130 McGuiness Park Property Transfers110 RESOLUTION NO. R-98-1 3 0 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Quit Claim Deed and all other documents necessary to transfer a small parcel of property located at McGuinness Park to Jeffrey A. Lima. WHEREAS, the driveway from the residence of Jeffrey A. Lima to Willow Street encroaches upon certain land owned by the City of Yakima and that is a part of McGuinness Park as shown as Part "C" of attached and incorporated Exhibit "A"; and WHEREAS,, Jeffrey A. Lima is willing to purchase from the City for a sum of Two Hundred Sixty -One Dollars and 45/100 ($261.45) the property that is subject to said encroachment in order to allow him to utilize his driveway and access his residence; and WHEREAS, the subject property is not necessary for the operation and maintenance of McGuinness Park; and WHEREAS, it is the recommendation of the Parks and Recreation Manager that the City Council declare the property surplus and authorize sale of the property to Mr. Lima for Two Hundred Sixty One Dollars and 45/100 ($261.45); and WHEREAS, the City Council of the City of Yakima has determined that the property is surplus to the City's requirements and is no longer needed for any purpose and that its sale to Mr. Lima would be in the best interest of the citizens of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Quit Claim Deed and all other documents necessary to transfer a small parcel of property located at McGuinness Park to Jeffrey A. Lima in exchange for consideration of Two Hundred Sixty -One Dollars and 45/100 ($261.45). ADOPTED BY THE CITY COUNCIL this ATTEST: C City Clerk (lk)res/mcguinness park -lima purchase/pm 1 s day of September, 1998. . John Puccinelli, Mayor &RECD McGUINNESS PARK Areas of Encroachment WILLOW STREET EXISTIND CURB A: DU TTER. 1 E7oSTMc d A O ) 1 DRIVEWAY USED BY m Tut HEST Looking south from Willow Street PARCEL A I c Looking south from Willow Street SWAN AVENUE • FX 1E07 MO ME a s- ME ME MO BM ME MO OM o 1 ENCROACHMENT LINES PARK BOUNDARY LINES After recording return to: Kenneth W. Harper Halverson & Applegate, P.S. 311 North Fourth Street Yakima, WA 98901 QUIT CLAIM DEED 707%33 Grantor(s): 1. City of Yakima, Washington Grantee(s): 1. Jeffrey A. Lima, a single person Legal Description: 1. Located in the SW Quarter of the SW quarter of Section 13, Township 13 North, Range 18, E.W.M., a portion of Parcel "C" 2. Additional legal description follows below. Assessor's Property Tax Property Tax Parcel Number(s): 181313-33035 Short Plat Exemption No. 20-98 THE GRANTOR City of Yakima, Washington, for valuable consideration conveys and quit claims to GRANTEE Jeff Lima, the following described real estate, situated in the County of Yakima, City of Yakima, State of Washington, together with all after acquired title of the grantor(s) therein; Located in the Southwest Quarter of the Southwest Quarter of Section 13, Township 13 North, Range 18, E.W.M., a portion of Parcel "C" of Survey Recorded under Auditor's File No. 7041410, and more particularly described as follows: Beginning at the Northeast Corner of Parcel "C"'; thence North 75°4T53" West 17 feet to the true point of beginning; thence South 75°47'53" East 17 feet to the Northeast corner on Parcel "C"; thence South 42°42' West 35 feet; thence Northeasterly to the true point of beginning. TOGETHER WITH appurtenances thereunto belonging. DATED: September 28th 1998 ATTEST: City of Yakima 129 North Second Street Yakima, WA 98901 126---e. Karen Roberts, City Clerk STATE OF WASHINGTON ) :ss. County of Yakima On this 28th day of September 1998, before me the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared R. A. Zais, Jr. and Karen Roberts, to me known to be the City Manager and City Clerk, respectively, of the City of Yakima, and that they 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 they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. CITY OF YAKIMA By: R. A. Zais, Jr., City Manager Witness my hand and official seal affixed the date and year in this certificate above written. f:\c&ents\gls\yakima\chapula\lima. qcd 6/12/98 10:48 am cf 2 PRINTED:d)e.Jy, -M& Notary Public - - Residing at yaKiri t My commission expires: 3/31 COR. SEC. 13, 1, R-18 E,YA. IPE R 1.4-1140 Y COR. SW 1/4, Y 1/4, SEC. 13, '4" I.P. FOUND EXHIBIT A WILLOW STREET (N 89'32' E) N 89'39'35" E 1324.88' 523.81 A5PHALT2 5.78' LEGAL DBSCFJ PARCEL A THAT PORTION OF THE 3( QUARTER OF SECTION 13, W.N. DESCRIBED'AS FOI1( BEGINNING AT THE INTER: SUBDIVISION TRTH THE EA NE COR. SW 1/4, FOURTEENTH AVENUE; THl SW 1/4, SEC. 13, RICHT OF WAY UNE. 148.: FEET PARALLEL1DTHE YA111TRUE THE NC#i P01411 NORTH 89'32' EAST 215.5 LINES OF THE PACIFIC PO SOUTH 42'42' WEST ALON NAIL W/WASHER FOUND .,0JA SURVEY 32-23 5 0.0 4 170.50° (N 8932' E) FEcc N 8939'35" E 388.02' / F c4 0 z 40' ADJACENT SURVEY 886.33 (N 89'32' E) 14 89'39'35" E 170.50' 215.52' CORNER FALLS IN CONCRETE SET S 0'00' E 0.25' OF TRUE LOCATION o IPARCEL rA It /�. 'o 0/ 243.12' 1 CORNER NOT SET FALLS IN TREE 1/2' REBAR W/CAP/ 18894 FOUND 72.82' ' / 4. PARCEL B 173.53' BOARD FENCE 153.5B' w0 o p N n 20' 113.22' 5 b 123.94 N 89'39'35" E 13.88' (N 89'32' 8) ASPHAL1 SWAN AVENUE 75.00' \-BOARD 1 rlt:F N 0010'07" w 5 A.4 EAST UNE SW 1/4, SW 1/4 150.00' 225.00' S 89'39'315" W (N 9000 W) 5 0010'07" E 7.18' UNE 210.71 FEET TO AP POINT 1025.30 FEET NOR' SUBDIVISION; THENCE 514 POINT BEARING SOUTH 0' BEGINNING, THENCE NOW TRUE POINT OF 8EGINNIN PARCEL B THAT PART OF THE S0U1 QUARTER LYINO 50U1HEA CO.'S WASTEWAY AND NC PORTION LY1N0 EAST OF SWAN AVENUE, 225 FEE1 SUBDIVISION; THENCE NO WASTEWAY, IN SECTION 1 W.M. PARCEL C ALL THAT PORTION OF TI 545155AY CONVEYED TO RECOROED MARCH 1, 191 UNDER AUDITOR'S FILE N WASHINGTON, Ll1N0 SOU' NORTHERLY OF SWAN AV SAID INSTRUMENT IS A R NOTES 1. 0— DENOTES 1/2 2. 0- DENOTES P4 3. BEARINGS SHOWN ARE UNE OF THE SOUTHV4 0000'00' EAST. 4. SECTION SUBDIVISION 1N BOOK 85, PACE 51 5. 0.L0. 5ECR0N SUBDF 4ZRE VISITE) IN 4ANi 8. BEARINGS AND DISTAI DESCRIPTIONS OF REC 7. SURVEY PERFORMED 1 AND CALIBRATED CHA PLEASE TYPE OR PRINT PLEASE. SEE PAGE TWO REAL ESTATE EXCISE TAX AFFIDAVIT CHAPTER 82.45 RCW = CHAPTER 458-61 WAC ' • For'Use at County Treasurer's Office (Use Form No. 84-0001B -for Reporting Transfers of Conti-olling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED This form is your receipt when stamped by cashier. SELLER GRANTOR UYER GRANTEE Name City of Yakima, Washington Na• me Jeffrey A. Lima, a single person Street 129 North Second Street Street 1310 Willow City State T�?it1 Zip 98901 City Valcinva State . WA. Zip 98902 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE Name / Jeffrey A. Lima Street 1310 Wil low ALL TAX -PARCEL NUMBERS S 24-98 ii €A1TIr::'Ti2O. ............................ C1�f �S FSS Ei� V;gl,l�#i�Il`��`A:�'F.A�P` (181313-33035) - City Yakima State' Zip. - 98902 ;' s LEGAL DESCRIPTION OF PROPERTY SITUATED IN 0 UNINCORPORATED COUNTY 54 OR IN CITY OF yg Street Address (if property is 'improved):.. 5pr� �ttFtC� "t Is this property currently: Classified -or designated as forest land?. • Chapter -.84.33 RCW • Classified as current use land (open space, farm -aiid agriculhiral; or' timber)? Chapter 84.34. RCW • Exempt froin property tax as a nonprofit organization? Chapter 84.36 RCW Seller's Exempt Reg: No-. . Receiving special' valuation as historic•property?. . Chapter 84.26•RCW Property Type: land only..'., 0 land with new building... th_mnhi1p_hnmP YES .,Description of tangible personal propertyifincluded in sale (furniture, appliances, etc.) If exemption claimed, list WAC number and explanation: WAC No. (Sec/Sub) :4537517420 Explanation Goverrtg rit..Transfer Type of Document . Tinto of Ilncirn nt Obit Claim. ted A31 r : r , MAN'SIFIERS OF CONTRO]LUNG INTEREST Does this transfer of real property reflect the transfer or acquisition of -the controlling interest in an -entity with an interest in real property in this state? If the answer is -yes, this transfer of controlling interest must also be reported to the -Department of Revenue within five days of the -sale on Form No. -84-0001B. - • (This is applicable only if 50% or more of corporation stock, partnership, association, trust, or other entity interest, is transferred or acquired within a 12 month period. Please refer to WAC 458-61-025, which appeat`s,on the'reverse of Form No. 84-0001B). INTEREST AND PENALTIES , The_Real Estate Excise Tax is due on the date of sale (date of the deed or contract of sale): -A one percent per month interest -is charged for delinquent tax -payment. This is not charged if the tax is paid within 30 days of the date of -sale. A five, ten, and twenty percent penalty on the state taxes is due from the seller if the tax is paid more than 30, 60, or 90 days past due. There is a 50 percent penalty for intentionally evading payment of the tax. AUDIT -- 4. . The Department of Revenue will •condut audits of the transactions-andyif,necessary, determine any underpayment of - .the -tax. (WAC 458-6:1-130) To inquire abouf the availability of this form in an alternate format for,. the' visuallyimpaired �or_a.language other than English, please call (360) 753=3217. Teletype (TTY) users may -call. (800) 451-7985. • You 'may also access•tax information on our Internet homepage at http://www.wa.govidor/Wadoi-htni. . • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT + Item No. For Meeting of Sept. 1, 1998 ITEM TITLE: McGuiness Park Property Transfers SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: The following two resolutions authorize the City Manager to execute and record two Quit Claim Deeds for parcels of property located at McGuiness Park. The driveway from the residence of Jeffrey Lima to Willow Street encroaches upon a small portion of McGuiness Park. City staff has worked with Mr. Lima and he is willing to purchase the property from the City which will allow him access to his driveway and residence. The attached resolution authorizes the City Manager to execute a Quit Claim Deed and all other documents necessary to transfer a small parcel of property to Mr. Lima in exchange for consideration of two hundred sixty-one dollars & 45/100 ($261.45). The second resolution authorizes the execution and recordation of a deed to demonstrate that the City has clear title to Parcel "B" at McGuiness Park. This parcel was acquired by the City through a lien foreclosure in 1957-1958. At that time, the City Treasurer did not execute and record the necessary deed in favor of the City. To receive the IAC grant for development of McGuiness Park, it is necessary to execute a Quit Claim Deed in favor of the City to show clear title. Resolution x Ordinance _ Contract _ Other (Specify) Funding Source Reve 'n Parks and Recreation Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: To approve and adopt the attached resolutions authorizing the transfer of property. BOARD/COMMISSION'RECOMMENDATION: COUNCIL ACTION: