HomeMy WebLinkAboutR-1991-D5876 Quit Claim Deed / YWCA•
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RESOLUTION NO.
D' 5876
-_A--RESOLUTION authorizing the Mayor to executed a quit claim
deed conveying certain real estate to the Young
Women's Christian Association upon execution by
the YWCA of a Mortgage in favor of the City of
Yakima.
WHEREAS, on June 27, 1979, the City of Yakima executed a
Statutory Warranty Deed in favor of the Young Women's Chris-
tian Association, Inc. to the following described real estate
situated in the City of Yakima, County of Yakima, State of
Washington:
Lot 4, Block 77, Town of North
Yakima, now Yakima, Washington,
according to the official plat
thereof recorded in Volume "A" of
Plats, page 10, and re-recorded in
Volume "E" of Plats, page 1, records
of Yakima County, Washington.
WHEREAS, this certain Deed reserved to the City a possi-
bility of reverter, such interest vesting upon the breach of
one of the following conditions:
1. That the Young Women's Christian Association
shall, at all times, adequately maintain and care for the
described property.
2. That the YWCA shall pay all property taxes and
assessments whatsoever against the described property before
delinquency.
3. That the YWCA shall use the described property
only as a temporary shelter for victims and their dependents
of physical, domestic violence.
4. The YWCA shall maintain, at all times, in full
force and effect a policy of fire insurance in an amount
adequate to cover the loss of the described property.
(Res/YWCA)
Page 1
5. That the YWCA shall not convey the described
property without the prior written consent of the City Council
of the City of Yakima. In the event the YWCA sells the des-
cribed property, $32,000 from the proceeds of that sale shall
be paid to the City of Yakima by the YWCA.
6. The YWCA shall not mortgage or otherwise encumber
the described property beyond $13,000; and
WHEREAS, the above listed conditions were imposed to
secure repayment of a Community Development Block Grant
(CDBG) used to acquire and rehabilitate a shelter for battered
women and children; and
WHEREAS, the YWCA has purchased a new, larger shelter and
plans to operate said shelter under the aforementioned re-
strictions; and
WHEREAS, the YWCA has sold the existing shelter property
and will require the proceeds from the sale to repair the new
shelter; and,
WHEREAS, the YWCA desires to clear the title of the
above property so as to convey title free and clear of all
restrictions; and,
WHEREAS, the parties agree that the YWCA shall grant to
the City an interest in the new shelter created by the at-
tached and incorporated Mortgage; and
WHEREAS, the parties agree that such Mortgage shall
include restrictions upon the use of the new shelter which are
the same restrictions as contained in the reverter clause of
the aforementioned Deed, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Mayor and the City Clerk are hereby, authorized and
directed to execute and file the attached and incorporated
Quit Claim Deed upon execution and delivery of the attached
and incorporated Mortgage agreement by the YWCA. The City
Clerk is further authorized and directed to file the attached
and incorporated Mortgage agreement by the YWCA.
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(Res/YWCA)
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ADOPTED BY THE CITY COUNCIL this 19th day of February
1991.
ATTEST:
City Clerk
(Res/YWCA)
Page 3
Mayor
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MORTGAGE
The Mortgagor, the Young Women's Christian Association, a
Washington non-profit corporation, whose address is 15 North
Naches, City of Yakima, County of Yakima,
State of Washington,
mortgages to the City of Yakima, a municipal corporation, organized
under the laws of the State of Washington whose address is 129
North Second Street, City of Yakima, County of Yakima, State of
Washington to secure the payment of a Community Development Block
Grant in the amount of Thirty -Two Thousand Dollars ($32,000.00) the
following described real estate located in Yakima County, Washing-
ton:
PARCEL A
The North 70 feet of the South 368.5 feet of
the East 140 feet of Tract 41 of LEWIS TERRY
GARDEN TRACTS, according to the official plat
thereof recorded in Volume "A" of Plats, page
58, records of Yakima County, Washington.
PARCEL B
The North 70 feet of the South 438.5 feet of
the East 140 feet of Tract 41 of LEWIS TERRY
GARDEN TRACTS, according to the official plat
thereof recorded in Volume "A" of Plats, page
58, records of Yakima County, Washington.
TOGETHER WITH all water rights and all improve-
ments now or hereinafter erected on the proper-
ty and all easements, rights, appurtenances,
rents, royalties, mineral, oil and gas rights
and profits, water rights and stock and all
fixtures now or hereafter a part of the proper-
ty.
Mortgagor covenants that Mortgagor is lawfully seised of this
estate hereinabove described and has the right to grant and convey
the property and that the property is unencumbered, except for
encumbrances of record. Mortgagor warrants and will defend gener-
Mortgage
Page 1
OFFICIAL RECORDS
Vol 1318 1345
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'ally the title to the property against all claims and demands,
subject to any encumbrances of record.
Mortgagor and Mortgagee covenant and agree as follows:
1. Payment of Principle. Mortgagor shall promptly pay, when
due, the principle on the heretofore described debt. The entire
amount unpaid and owing shall be due and payable upon the breach of
any one or more covenants or conditions contained in paragraphs 2,
3, 4, 5 and 6.
2. Payment Upon Sale. Mortgagor shall not convey the des-
cribed property without the prior written consent of the City
Council of the City of Yakima. In the event Mortgagor sells the
described property, Thirty -Two Thousand Dollars ($32,000.00) from
the proceeds of that sale shall be paid to the City of Yakima by
the Mortgagor.
3. Charges/Liens. Mortgagor shall pay all property taxes,
assessments, charges, fines and impositions attributable to the
property that may attain priority over this Mortgage, and leasehold
payments or ground rents, if any.
Mortgagor shall not, unless otherwise provided in this docu-
ment, mortgage or otherwise encumber the desired property beyond
$13,000.
Mortgagor shall promptly discharge any lien that has priority
over this Mortgage unless Mortgagor:
A. Agrees in writing to the payment of the obligation se-
cured by the lien in a manner acceptable to the Mortgagee.
B. Contests in good faith the lien by, or defends against
enforcement of the lien in, legal proceedings which, in the Mort-
gagee's opinion, operate to prevent the enforcement of the lien or
foreclosure of any part of the property; or
C. Secures from the holder of the lien an agreement satis-
factory to Mortgagee subordinating the lien to this Mortgage. If
Mortgagor determines that any part of the property is subject to a
Mortgage
Page 2
VOL 1318 1346
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'lien that may attain priority over this Mortgage, Mortgagee may
give Mortgagor a notice identifying the lien. Mortgagor shall
satisfy the lien or take one or more of the actions set forth above
within ten (10) days of the giving of such notice.
4. Insurance. Mortgagor shall maintain, at all times, in
full force and effect, a policy of fire insurance in an amount
adequate to cover the loss of the before described property.
5. Preservation and Maintenance of the Property. Mortgagor
shall, at all times, adequately maintain and care for the described
property.
6. Use of the Property. Mortgagor shall use the described
property only as a temporary shelter for the victims and their
dependents of physical domestic violence.
7. Remedies. Upon breach of any of the covenants or agree-
ments in this Mortgage, Mortgagee may commence foreclosure subject
to the Mortgagor's right of redemption. Time is of the essence
hereof, and if default is made in the payment of any of the sums
hereby secured or in the performance of any of the covenants or
agreements herein contained, the indebtedness hereby secured shall
at theelection of Mortgagee become immediately due without notice
and this Mortgage may be foreclosed. On bringing action to fore-
close this Mortgage or at any time that such proceeding is pending,
Mortgagee, without notice, may apply for and secure the appointment
of a receiver for the mortgaged property or any part thereof, and
the income, rents, and profits therefrom. Mortgagor hereby con-
sents that in any action brought to foreclose this Mortgage, a
deficiency judgment may be taken for any balance of debt remaining
after the application of the proceeds of the mortgaged property.
8. Costs and Attorney Fees. In any action brought to en-
force this agreement, including a foreclosure action, the pre-
vailing party shall be entitled to recover all costs and a reason-
able attorney fee from the non -prevailing party, or from the
proceeds of a judicial foreclosure sale.
9. Forbearance by Mortgagee Not a Waiver. Extension or
modification of the time for payment of the sums secured by this
Mortgage
Page 3
Vol 1318 1347
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'Mortgage granted by Mortgagee to any successor in interest of
Mortgagor shall not operate to release the liability of the origi-
nal Mortgagor or Mortgagor's successors in interest. Mortgagee
shall not be required to commence proceedings against Mortgagor or
Mortgagor's successor in interest or refuse to extend, or otherwise
modify, time for payment of the sums secured by this Mortgage by
reason of any demand made by Mortgagor or Mortgagor's successors in
interest. Any forbearance by Mortgagor in exercising any right or
remedy shall not be a waiver of or preclude the exercise of any
right or remedy.
By signing below Mortgagor and Mortgagee accept and agree to
the terms and covenants contained in this Mortgage.
EXECUTED this c,8(7 day of , 1991 in the
City of Yakima, Washington.
CITY CONTRACT NO. . ' 7 / 3 - 5 8-7
!�
STATE OF WASHINGTON)
ss.
County of Yakima )
CITY OF YAKIMA
CAoce-
M yor
YOUNG WOMEN'S CHRISTIAN
ASSOCIATION,' a Washingto
non-profit Corporation
On this cOli day of 7.7:e , 1991, before me
d KAREN ROBERTS, to me known
to be the Mayor and City Clerk, respe`btively, of the City of Yaki-
ma, the municipal corporation that executed the within and fore-
going instrument, and acknowledged the said instrument to be the
personally appeared PATRICIA BERNDT
Mortgage
Page 4
vol 1318 1348
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'free and voluntary act and deed of said corporation, for the `uses
and purposes therein mentioned, and on oath stated that they are
authorized to execute said instrument and that the seal affixed is
the corporate seal of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
. 4r20
1, " 4? ���Ki' 14 •
Lill
STATE OF WASHINGTON)
ss.
County of Yakima )
NOTARY PUBLIC i'n end for the State
of Washington,
My commission e
residing at Y k'
xpires: A
On this /'day of 1991, before me
personally appeared ar�d
and
respectively, of the Young Women's Christian Association, 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 they are authorized to execute
said instrument and that the seal affixed is the corporate seal of
said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above ��w itten.
to me known to be the----------
Mortgage
----,,n s',
NOTA'Y PUBLIC in and,t
of Washington, residing iia:�i
My commission expires: `y �;4 `y�j��, ,. ,<<r i `4:
1 kt 6ti ! M jA F O U N' J
i i 1
ILL: L. E3'4,„7„74
MAR 8 !O28All e9I
Mortgage
Page 5
c e-ittca - i 7
B E T
AUDITOR
voL 1318 1349
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QUIT CLAIM DEED
THE GRANTOR, CITY OF YAKIMA, Washington, a municipal corpora-
tion, for and in consideration of the execution of a Mortgage to
property located in the City of Yakima in hand paid conveys, and
quit claims to the YOUNG WOMEN's CHRISTIAN ASSOCIATION, INC., a
Washington non-profit corporation, the following described real
estate, situate in the City of Yakima, County of Yakima, State of
Washington:
Lot 4, Block 77, Town of North Yakima, now
Yakima, Washington, according to the official
plat thereof recorded in Volume "A" of Plats,
page 10 and re-recorded in Volume "E" of Plats,
page 1, records of Yakima County, Washington.
SUBJECT TO the following exceptions: A Deed of
Trust dated August 18, 1970, to secure the
payment of $19,800 and interest, and any addi-
tional advances, recorded August 26, 1970, in
Volume 777, under Yakima County Auditor's File
No. 2229172, records of Yakima County, Washing-
ton, executed by Spring Acres, Inc., a Washing-
ton corporation, to Transamerica Title
Insurance Company, as Trustee, for the benefit
of Yakima Federal Savings & Loan Association of
Yakima, Washington, a corporation, Beneficiary,
which the Grantee assumes and agrees to pay,
and
Pendency of Yakima County Superior Court Cause
No. 77-2-01484, being an action for the purpose
of securing judgment adjudicating and deter-
mining the relative rights to the diversion and
use of the surface waters of the Yakima River
Drainage Basin. Lis Pendens recorded October
14, 1977, under Auditor's File No. 2479271.
DATED this o2 �' day of ��-bY' 1991 .
CITY OF YAKIMA
A Municipal Corporation
By: (ate /,/
Mayor
Attest:
• City Clerk
(Misc/Deed.YWC) -1-
. STATE OF WASHINGTON)
ss.
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County of Yakima
On this j7
day of 1-77
Ptta , 1991, before me
personally appearedpPATRICIA BERND' and KAREN ROBERTS, to me known
to be the Mayor and City Clerk, respectively, of the City of
Yakima, 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 corporation, for the
uses and purposes therein mentioned, and on oath stated that they
are authorized to execute said instrument and that the seal affixed
is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate above written.
NOTARY PUBLIC
for the State
of Washington, residing at Yk,pg1. ,
My commission expires: 01� �f /C�
(Misc/Deed.YWC) -2-