HomeMy WebLinkAboutR-2003-124 Central Washington Comprehensive Mental Health Memorandum of Understanding (re: option to purchase trolley barn propeRESOLUTION NO. R-2003- 124
A RESOLUTION authorizing the City Manager to execute a Memorandum of
Understanding with Central Washington Comprehensive Mental
Health regarding the trolley barn property.
WHEREAS, the Yakima Electric Railway system is historically unique because it
is the only continuously operated interurban electric railroad system in the United
States, and
WHEREAS, the trolley barn property has been leased by the City and is an
integral part of the operation of its historic Electric Railway system, and
WHEREAS, the trolley barn property is owned by Central Washington
Comprehensive Mental Health, and
WHEREAS, Comprehensive Mental Health desires to develop property that it
owns adjacent to the trolley barn property, and
WHEREAS, the City wishes to retain long-term use of the trolley barn and
Electric Railway system through purchase of the property, and
WHEREAS, the City Council of the City of Yakima deems it to be in the best
interests of the City of Yakima that the City ultimately purchase the trolley barn
property to preserve the efficient operation of its historical trolley system, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute with Central
Washington Community Mental Health a Memorandum of Understanding, in
substantially the same form as attached, preserving its long-term use of the trolley barn
as an integral part of the historic Electric Railway system.
ADOPTED BY THE CITY COUNCIL this 16th day of September, 2003.
0. (
ary Place, Mayor
ATTEST:
i .,
City Clerk
C:\Documents and Settings\ kroberts\ Local Settings\Temporary Internet Files\OLK2\Trolley Barn resolution re
purchase and sale agreement.doc
MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT is dated this
day of September, 2003, by
and between the CITY OF YAKIMA, WASHINGTON, a municipal corporation
(hereinafter "Yakima") and CENTRAL WASHINGTON COMPREHENSIVE MENTAL
HEALTH, a Washington non-profit corporation (hereinafter "CWCMH").
WHEREAS, CWCMH and Yakima desire to enter into an option to purchase,
whereby Yakima shall have the right to purchase certain real estate located between
South Third Avenue and South Fourth Avenue adjacent to Pine Street, constituting a
portion of Block 255 in Lund's Addition to North Yakima and also known as the
"Trolley Barn" property;
WHEREAS, CWCMH proposes to construct two new buildings on a parcel of
land located between South Third Avenue and South Fourth Avenue, constituting a
portion of Block 256 in Lund's Addition to North Yakima and to remodel its existing
facilities on parcels of land located at 402 S. 4th Ave., Yakima, Washington 98902;
WHEREAS, Yakima desires an easement for occasional railroad operations
across a previously vacated portion of Tieton Drive, located between said Blocks 255 and
256 in Lund's Addition to North Yakima;
WHEREAS, CWCMH proposes that a portion of South Fourth Avenue be
vacated to provide additional parking spaces needed for the two new buildings proposed
to be constructed, which parking spaces shall constitute an offset to a 20 foot wide strip
of land that the parties propose to include within the Option to Purchase for a portion of
Block 255 in Lund's Addition to North Yakima,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
1. CWCMH will promptly submit to Yakima a petition for partial street
vacation of a portion of South Fourth Avenue just south of Tieton Drive to configure
necessary parking spaces, which land is legally described as follows:
That portion of South Fourth Avenue coincident with the West line of Block 256,
of Lund's Addition to North Yakima (now Yakima), according to the official plat
thereof, recorded in Volume "A" of Plats, page 103, records of Yakima County,
Washington, described as follows:
Beginning at the Southwest most corner of Lot 12 of said Block 256; thence
Northwesterly along the Southwesterly line and the Southwesterly line extended
of said Block 256, 290 feet, more or less, to the centerline of Maple Street; thence
Southwesterly along said centerline 33 feet; thence Southeasterly parallel with the
Southwesterly line of said Block 256, 290 feet, more or less, to the South line of
said Lot 12 extended Southwesterly; thence Northeasterly 33 feet to the Point of
Beginning.
2. Contemporaneously with the execution of this Memorandum of
Understanding, the parties shall execute the Option to Purchase attached hereto as Exhibit
A.
3. Contemporaneously with the execution of this Memorandum of
Understanding, the parties shall execute the Easement Deed attached hereto as Exhibit B.
4. Yakima agrees to reconstruct the railroad tracks located within said
easement at the final grade to be established by CWCMH. Additionally, Yakima shall be
responsible for all costs of construction, engineering, and maintenance of the tracks
located within said easement.
5. In the event, legal descriptions contained within the terms of the Easement
Deed or Option to Purchase need to be modified (e.g. lot line adjustment) in order to
accomplish the parties' intent then the parties shall cooperate to modify those
descriptions and the cost of surveyors hired by Yakima shall be borne by Yakima.
6. In the event that, as a result of the Class II review process, it is determined
that CWCMH's project will not be feasible for any reason, then CWCMH reserves the
right to renegotiate or terminate the transfer of the South 20 feet of real estate legally
described in the Option to Purchase for parking lot purposes.
7. Provided that CWCMH successfully completes its Class II review process,
the parties agree to promptly amend the August 1, 2001 Lease of Commercial Property to
conform the legal description in said lease to that contained in the Exhibit A Option to
Purchase.
CITY OF YAKIMA
Bv:
R. A. Zais,
City Manager
ATTEST:
Karen Roberts,
City Clerk
f:01 i R ACT tl;` d
IV:U.61:110N NC-
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CENTRAL WASHINGTON
COMPREHENSIVE MENTAL
HEALTH
B
Rick Weaver, President
Filed at request of
and return to:
City of Yakima
Legal Department
Attn: Raymond L. Paolella
200 South Third Street
Yakima, WA 98901-2830
NOT SU=B. CT TO
EASEMENT DEED
GRANTOR: Central Washington Comprehensive Mental Health, a
Washington nonprofit corporation
GRANTEE: City of Yakima, a Washington municipal corporation
LEGAL DESCRIPTION (abbreviated): A north -south corridor of land (20' x
80') located south of and adjacent to Lot 8, Block 255, Lund's Addition
to North Yakima
ASSESSOR'S PARCEL NO. 181324-44463
GRANTOR, Central Washington Comprehensive Mental Health, for and in
consideration of Ten Dollars ($10.0o) and other good and valuable consideration, in
hand paid, hereby gives, grants and conveys to City of Yakima, GRANTEE, its
successors and assigns, a perpetual, nonexclusive easement for railroad operations
through, over, under, and across the following described real property, situated in
Yakima County, Washington, to wit:
That portion of vacated Maple Street abutting Block 255, of LUND'S
ADDITION TO NORTH YAKIMA (now Yakima), according to the official
plat thereof, recorded in Volume "A" of Plats, page 103, records of Yakima
County, Washington, as vacated under Ordinance No. 888 as approved by
the City Council of North Yakima on September 7, 1911, described as
follows:
Beginning at that Northeast corner of said Block 255; thence South
71°23'15" West, along the North line thereof, 187.00 feet; thence South
18°37'15" East, parallel with the East line of said Block 255, 177.0o feet;
thence South 63°37'15" East 51.00 feet; thence South 30°43'49" East 59.50
feet; thence South 18°37'15" East 128.76 feet to a point on the South line of
said Block 255 and the True Point of Beginning; thence continuing South
18°37'15" East 80.01 feet to the south line of vacated Maple Street; thence
North 71°23'15" East along last said south line 20.00 feet; thence North
18°37'15" West 80.01 feet to the south line of said Block 255; thence South
71°23'15" West 20.00 feet to the True Point of Beginning.
Assessor's Parcel No. 181324-44463
The GRANTEE agrees to provide the GRANTOR with at least two business days'
advance notice prior to conducting railroad operations across this easement.
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The GRANTEE further agrees that the cost of construction, engineering, and
maintenance of the railroad tracks within this easement shall be solely borne by
GRANTEE.
All construction and engineering of railroad tracks within this easement shall be
subject to GRANTOR's prior approval and consent, which approval and consent shall
not be unreasonably withheld.
GRANTOR expressly reserves to itself, and its successors and assigns, the right, as
currently exists under Washington law, to traverse this easement.
This Easement Deed is executed pursuant to the parties' Memorandum of
Understanding dated September 29, 2003, and the terms of said Memorandum of
Understanding are expressly incorporated herein.
DATED this 27 day of October, 2003.
CENTRAL WASHINGTON
COMP EHENSIVE MENTAL HEALTH
Rick Weaver
P esident/CEO
Date: 1° /Z"1 to";
STATE OF WASHINGTON
County of Yakima
:ss.
I certify that I know or have satisfactory evidence that Rick Weaver is the
person who appeared before me, and said person acknowledged that he signed this
instrument as the President/CEO of Central Washington Comprehensive Mental
Health, a Washington nonprofit corporation, and on oath stated that he was
authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
DATED: 4 bal)
Easement accepted this17—
d y of October, 2003.
Print Name:
NOTARY PUBLIC in and
Washington, residing at
My commission expires:
R. A?Zais, Jr.
City Manager
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Yakima Co, WA
Filed at request of
and return to:
City of Yakima
Legal Department
Attn: Raymond L. Paolella
200 South Third Street
Yakima, WA 98901-2830
OPTION TO PURCHASE
GRANTOR: Central Washington Comprehensive Mental Health, a
Washington nonprofit corporation
GRANTEE: City of Yakima, a Washington municipal corporation
LEGAL DESCRIPTION (abbreviated): A portion of Lots 1 to 16 inclusive,
Block 255; all being in LUND'S ADDITION TO NORTH YAKIMA (NOW
YAKI MA)
ASSESSOR'S PARCEL NO. 181324-44463
For and in consideration of the sum of FIVE HUNDRED AND 00/100
DOLLARS ($500.00), receipt of which is hereby acknowledged, CENTRAL
WASHINGTON COMPREHENSIVE MENTAL HEALTH, a Washington nonprofit
corporation, hereinafter referred to as "the Property Owner," whose address is
Attention: President and CEO, P.O. Box 959, Yakima, WA 98907, hereby grants to
the CITY OF YAKIMA, a Washington municipal corporation, hereinafter referred to as
"the City," the exclusive right and privilege from this date until October 1, 2006, to
purchase the following real property, situated in Yakima County, Washington, and
which is legally described as follows:
That portion of Lots 1 to 16 inclusive, Block 255; all being in LUND'S
ADDITION TO NORTH YAKIMA (NOW YAKIMA), according to the
official plat thereof recorded in Volume "A" of Plats, Page 103, records of
Yakima County, Washington; TOGETHER WITH the vacated alley in
said Block 255 and vacated Maple Street abutting said Lots, as vacated
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under Ordinance No. 888 as approved by the City council of North
Yakima on September 7, 1911, described as follows:
Beginning at the Northeast corner of said Block 255; thence South
71°23'15" West, along the North line thereof, 180.00 feet; thence South
18°37'15" East, parallel with the East line of said Block 255, 185.30 feet;
thence South 63°37'15" East 62.29 feet; thence South 18°37'15" East
175.65 feet to a point 5 feet South of the South line of said Block 255;
thence North 71°23'15" East parallel with said South line 135.95 feet to
the East line of said Block 255 extended South; thence 405 feet, more or
less, along the said East of said Block 255 to the Point of Beginning.
Together with:
That portion of vacated Maple Street abutting Block 255, of LUND'S
ADDITION TO NORTH YAKIMA (now Yakima), according to the official
plat thereof, recorded in Volume "A" of Plats, page 103, records of
Yakima County, Washington, as vacated under Ordinance No. 888 as
approved by the City Council of North Yakima on September 7, 1911,
described as follows:
Beginning at that Northeast corner of said Block 255; thence South
71°23'15" West, along the North line thereof, 187.00.feet; thence South
18°37'15" East, parallel with the East line of said Block 255, 177.00
feet; thence South 63°37'15" East 51.00 feet; thence South 30°43'49"
East 59.50 feet; thence South 18°37'15" East 133.76 feet to a point 5
feet South of the South line of said Block 255 and the True Point of
Beginning; thence continuing South 18°37'15" East 20.00 feet; thence
North 71°23'15" East parallel with the South line of said Block 255,
138.46 feet to the East line of Block 255 extended South; thence North
18°37'15" West along the said East line extended 20.00 feet to a point
bearing North 71°23'15" East from the True Point of Beginning; thence
South 71°23'15" West 138.46 feet to the True Point of Beginning.
Assessor's Parcel No. 181324-44463
At any time during the term of this Option to Purchase, but no later than thirty
(30) days prior to the expiration of this Option to Purchase, the City shall provide notice
of its intent to purchase the property. Said Notice shall be given by certified mail, return
receipt requested, postage prepaid, addressed to the Property Owner at its address
appearing above, subject to the right of the Property Owner to designate by notice in
writing to the City of a different address to which said notice shall be sent. Alternatively,
notices may be personally served upon the Property Owner in the same manner as is
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required for original service of Superior Court summons and complaint by the laws of
the State of Washington. Such service to be complete at the time of delivery or
mailing.
At such time as the City provides notice of its intent to exercise this Option to
Purchase, the terms of the sale shall be:
The total purchase price shall be cash only in the amount of Two Hundred and
Five Thousand Dollars ($205,000.00), with credit for $500.00 above received, and
closing on the property shall take place within thirty (30) days after the City notifies the
Property Owner of its intent to exercise this option, unless the Parties shall agree in
writing otherwise
Within five (5) days after the City's notification to the Property Owner of its
intent to exercise this option, the Property Owner shall, at its own expense, deliver to
the City a currently extended abstract of title to the subject property and the City shall
have ten (10) days from date of receipt which to examine it. If the title to the
premises is found defective, the Property Owner shall, within five (5) days (or such
additional time as may be reasonable under the circumstances) after receipt of
written notice from the City specifying the defects in the title, perfect the title at their
own expense, and the closing of this purchase shall be deferred until title has been
perfected. The City shall have the option of waiving or curing any defects, but
reserves the right to specific performance. Prior to closing, the parties agree that a
western boundary line adjustment will be completed to include some additional
slivers of land in the trolley barn parcel being purchased by the City, together with a
southerly boundary line adjustment for the South 20 feet.
All taxes and assessments on the subject premises due and owing for prior
years shall be paid by the Property Owner and all taxes and assessments due and
owing for the year in which the City exercises its Option to Purchase shall be
prorated as of the date of closing unless paid for by Lessee and pursuant to Lease of
Commercial Real Property dated August 1, 2001. Excise tax and the cost of
obtaining title insurance shall be paid for by the Property Owner. All other closing
costs shall be shared equally by the Parties.
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The City shall have the right to assign this Option to Purchase and all rights
hereunder at any time during the term of this Option. This Option shall run with the
land and shall both bind and benefit the respective heirs, representatives, successors
and assigns of the Property Owners and the City.
The City shall have the right to extend this Option for an additional two (2)
years past the expiration date, if within 30 days of the expiration of this Option, the
City notifies the Property Owner of its intention to so extend the Option. All other
terms and conditions set forth in this Option shall remain in full force and effect during
said two year extension period.
This Option to Purchase is executed pursuant to the parties' Memorandum of
Understanding dated SeptemberZ9 , 2003 and the terms of said Memorandum of
Understanding are expressly incorporated herein.
DATED this z9 day of September, 2003.
CENTRAL WASHINGTON
COMPREHENSIVE MENTAL HEALTH
CITY OF YAKIMA
Rick Weaver
R. A. Zais, Jr.
President/CEO City Manager
CM! C=NTeACT NO: Alea0 :LL
RESOLUTION NO: LeD0-/e&
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STATE OF WASHINGTON
) ss.
County of Yakima
On this day personally appeared before me Rick Weaver, to me known to be
the President/CEO of Central Washington Comprehensive Mental Health, the entity
that executed the foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said entity, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute the said
instrument.
GIVEN UNDER my hand and official seal this ACf7 day of September, 2003.
STATE OF WASHINGTON
) ss.
County of Yakima
J .
Efiline" Ly
(Printed Name)
Notary Public in and for the to e,
of Washington, residing ,t
My commission expires, , it,�
On this day personally appeared before me R. A. Zais, Jr., to me known to be
the City Manager of the City of Yakima, the municipality that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said municipality, for the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute the said instrument.
GIVEN UNDER my hand and official seal this o?9a day of September, 2003.
Ad -e_ cida4/141-1
.c., "a t /%% //)/TK//1)
(Printed Name)
Notary Public in and for the State
of Washington, residing at
My commission expires J-4,--62,
S:Ucwayenbe\Karen's FilesWGREEMENTS\Paolella\CWCMH trolley barn option to purchase.doc
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ITEM TITLE:
SUBMITTED BY:
CONTACT:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /0
For Meeting Of: September 16, 2003
Consideration of a resolution authorizing execution of option to purchase
trolley barn from Central Washington Comprehensive Mental Health
illiam Cook, Director of Community and Economic Development
William Cook, 575-6113
SUMMARY EXPLANATION:
In November 1985, the Union Pacific Railroad donated the Yakima Interurban Electric Railway
system to the City of Yakima, comprised of miles of track, overhead electric wire, historic
rolling stock and numerous items of equipment. However, the Trolley Car Barn was retained by
Union Pacific and leased to Yakima Interurban Lines Association. In the early 1990's, Central
Washington Comprehensive Mental Health bought the Trolley Car Barn from Union Pacific to
save this historic property. In 2001, the City leased this property from Central Washington
Comprehensive Mental Health to house our historic electric railroad system. The Yakima Valley
Trolley is the last intact and continuously operating interurban trolley system in the United
States. In addition the property has received the following significant designations:
• Washington State Register of Historic Places
• American Public Works Association's National Historic Public Works Award for
1990
• Designated one of the Ten Most Endangered Historic Sites in the state by the
Washington Trust for Historic Preservation
• Washington State Historic Preservation Officer's Historic Site of the Year Award for
1992
By this resolution the City of Yakima will secure a 5 -year purchase option for the land and
buildings currently owned by Central Washington Comprehensive Mental Health. The cost of
Continued on the next page:
Resolution X Ordinance Contract Other:
Funding Source:
Approval for Submittal:
City Manager
STAN- RECOMMENDATION: Staff recommends approval
BOARD RECOMMENDATION: .
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-124
the option is a one time $500 with an established sale price of $205,000 if the City exercises the
option within the next five years. Funding to exercise this option and secure this property has
not yet been identified, however, the opportunity to apply for and secure state or federal grants to
acquire and renovate this property is significantly improved by our ability to show control of the
property in the form of a purchase option.
It is understood that approval of this option today is just the beginning of a significant
community effort to bring this important historical site under public ownership and protection,
and to restore the trolley barn and museum to its original working condition. Approval of this
resolution will begin an effort that will hopefully reward our community many times over. The
potential economic development impact this restored tourism, and historical preservation
attraction will bring to our community is significant.