HomeMy WebLinkAboutR-2008-128 Property Acquisition S. Fair AveRESOLUTION NO. R-2008-128
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement
to purchase real property located at 602 and 604 South Fair Avenue for the
combined appraisal price of Twenty-three Thousand Five Hundred Dollars
($23,500).
WHEREAS, the City is the recipient and administrator of Community Development Block
Grant (CDBG) funds made available through the United States Department of Housing and Urban
Development (HUD) and authorized by Title I of the Housing and Community Development Act of
1974, as amended; and
WHEREAS, federal regulations governing the use of CDBG funds for the acquisition of
property allow the City to use such funds to provide an appropriate level of public benefit through
acquisition of private property to be used as a public facility and/or infrastructure improvement; and
WHEREAS, the City has determined that the purchase described herein is necessary and
appropriate to ensure benefit to the public by providing future public infrastructure and/or provide
for a future building site for a public facility; and
WHEREAS, the acquisition of these parcels would enhance future beautification along Fair
Avenue in the form of public infrastructure and/or a public facility; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The purchase of the property located at Beech Street and Fair Avenue (Parcels # 191319-41501
and 191319-41502) for the appraised sale price of twenty three thousand five hundred dollars
($23,500) is hereby authorized and approved.
The City Manager is hereby authorized and directed to execute an agreement for the purchase of
real property located at the intersection of Beech Street and Fair Avenue, and all other documents
necessary to the transaction.
ADOPTED BY THE CITY COUNCIL this 19th day of August, 2008
ATTEST:
C)/74CYCYN.P...-,
City Clerk
avid Edler, Mayor
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into this day of August, 2008, and
between the City of Yakima, a municipal corporation of the State of Washington, whose
address if 129 North Second Street, Yakima Washington, 98901, hereinafter referred to
as the "Purchaser", and Gary and Mary Lukehart, husband and wife, hereinafter
referred to as the "Seller", WITNESSETH:
IT IS MUTUALLY AGREED by and between the parties hereto as follows:
Section 1. Purchase and Sale of the Property.
Seller hereby agrees to sell and Purchaser herby 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
as follows:
Property A. Located at 602 Fair Avenue:
That part of the following described Parcel lying within the east 30.00 feet,
of the Southeast Quarter, of Section 19, Township 13 North, Range 19
East, W.M.
Lots 15 and 16, Block 217, of HOME ADDITION,
according to the official plat thereof, recorded in
Volume "A" of Plats, page 23, records of Yakima
County, Washington. Assessor's Parcel No. 191319-
41502.
Property B. Located at 604 Fair Avenue.
That part of the following described Parcel lying within the east 30.00 feet,
of the Southeast Quarter, of Section 19, Township 13 North, Range 19
East, W.M.
Lot 14, Block 217, of HOME ADDITION, according to
the official plat thereof, recorded in Volume "A" of
Plats, page 23, records of Yakima County,
Washington. Assessor's Parcel No. 191319-41501.
And graphically shown on the print marked Exhibit A, attached hereto and hereby
made a part hereof, together with all of Seller's right, title, and interest in and to the
cim/Contract for Sale and Purchase of Lukehart Property Page 1 of 7
buildings, improvements, appurtenances, and fixtures located thereon. The sale
property and all improvements attached thereto shall collectively be referred to as
the "Property".
It is understood that the sale and conveyance made pursuant to this Agreement
shall be subject to any and all applicable federal, state, and local laws, orders, rules,
and regulations.
Section 2. Purchase Price:
The purchase price for the Property to be paid by Purchaser to Seller shall be the
sum of Twenty Three Thousand Five Hundred Dollars and No Cents ($23, 500.00)
("Purchase Price"). The purchase price shall be paid in cash or by City of Yakima
Warrant to the Closing Agent prior to the time of closing.
This Agreement is further subject to the Purchaser obtaining and approving the
following information, reports and approvals:
(a) Clear Title. At or before time of closing, Seller shall clear any and all defects
in the title and all liens, encumbrances, covenants, rights of way, easements, or
other outstanding rights disclosed by the preliminary title report, except those
matters set forth in Section 4.
•
(b) City Council Approval. The terms and conditions of this transaction are
subject to approval by the Yakima City Council. Notice of approval or disapproval
shall be given by Purchaser to Seller on or before August 21, 2008, and failure to
give such notice within said time period shall ,be deemed notice of approval. In the
event, within said time period, Purchaser gives Notice of Disapproval, this
Agreement shall be deemed terminated forthwith.
In the event that any one of the foregoing conditions precedent is not satisfied in the
manner set forth above, this Agreement shall terminate and be without any further force
and effect, and without further obligation of either party to the other.
Section 3. 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").
Section 4. Title.
Upon closing of escrow as set forth in Section 5, title to the Property shall be
conveyed by Seller to Purchaser by a duly executed Statutory Warranty Deed to the
cim/Contract for Sale and Purchase of Lukehart Property Page 2 of 7
subject property free and clear of all liens, encumbrances, exceptions; and reservations
other than the following:
(a.) Non -delinquent real property taxes (whether general or special);
(b.) Rights reserved in federal patents or state deeds;
(c.) Building or use restrictions consistent with current zoning, other than
government platting and subdivision requirements;
(d.) Utility easements;
(e.) Items disclosed in the preliminary title report and expressly approved in
writing or waived in writing by Purchaser.
Section 5. Closing.
Closing of this transaction, subject to section 2 and 4 of this Agreement, shall occur
in the offices of the Closing Agent on or before September 12, 2008. On or before the date
of closing of escrow, Purchaser shall deposit with Title Company the Purchase Price, and
Seller shall deposit therein a duly executed Statutory Warranty Deed for the Property. Title
Company shall be instructed that when it is in a position to deliver to Seller the Purchase
Price, and to issue an American Land Title Association standard form of owner's or
purchaser's policy of title insurance in the full amount of the Purchase Price, insuring fee
simple title to the Property in Purchaser, subject only to the items set forth in Section 4,
Title Company shall:
(a) Deliver and record the Statutory Warranty Deed to Purchaser;
(b) Deliver to Seller the Purchase Price; and
(c) Issue and deliver to Purchaser the standard owner's policy of title
insurance.
Section 6. Possession. Purchaser shall have the right to take possession of the
property on the date of closing.
Section 7.
A.
transaction:
Closing Costs.
Seller shall pay the following costs and expenses in connection with this
(a) One-half (1/2) escrow fee;
(b) Seller's pro rata share of real estate taxes (whether general or special)
assessed against the Property and due and payable for the year of closing.
(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 ortransfer taxes due on
conveyance, if any;
cim/Contract for Sale and Purchase of Lukehart Property Page 3 of 7
(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.
B. Purchaser shall pay the following costs and expenses in connection with this
transaction:
(a) One-half (1/2) escrow fee;
(b) The cost of recording the Statutory Warranty Deed;
(c) Purchaser's pro rata share of real estate taxes (whether general or
special) assessed against the Property and due and payable for the year of
closing; and
(d) One half (1/2) of the real estate excise taxes or transfer taxes due on
conveyance, if any.
Section 8. Occupancy. The Seller represents that there are no parties in occupancy
other than the Seller, and that no other parties will reside on the premises of the
Property during the time preceding closing.
Section 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 onthe property. The City
or City's designee will be permitted access for inspection prior to closing in order to
confirm compliance with the above and that the facilities, grounds, fixtures and
equipment are in substantially the same conditions as they were on the day this
agreement was executed.
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.
Section 10. Notices.
Any notices required or desired to be given under this Agreement shall be in writing
and personally served, given by overnight express delivery, or given by mail. Any notices
given by mail shall be sent, postage prepaid, by certified mail, return receipt requested,
addressed to the party to receive at the following address or at such other address as the
party may from time to time direct in writing:
cim/Contract for Sale and Purchase of Lukehart Property Page 4 of 7
Seller:
Purchaser:
Title Company:
Gary and Mary Lukehart
1901 N. 4th Street
Yakima, WA 98901
R. A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
Valley Title Guarantee
502 North Second Street
Yakima, WA 98901
Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be
deemed to be given three (3) days after deposit with the United States Postal Service.
Copies of all notices to Seller or Purchaser shall be given to Valley Title Company, and
copies of all notices to Valley Title Company shall be given to the other party to this
Agreement.
Section 11. 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.
Section 12. 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.
Section 13. Time of the Essence.
Time is of the essence of this Contract. Any reference herein to time periods of
less than six (6) days shall in the computation thereof, exclude Saturdays, Sundays and
legal holidays, and any time period provided for herein which shall end on a Saturday,
Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
cim/Contract for Sale and Purchase of Lukehart Property Page 5 of 7
Section 14. Law Governing.
This Agreement shall be governed in all respects by the laws of the State of
Washington.
Section 15. Successors and Assigns.
Subject to the provisions of Section 11, this Agreement shall be binding upon and
inure to the benefit of the parties hereto, their successors, and assigns.
Section 16. §pecial Provision.
Seller represents that it is not a foreign corporation, and withholding of Federal
Income Tax from the amount realized will not be made by Purchaser. An Affidavit and
Certification prepared in conformance with IRS regulations under Section 1445 of the
Internal Revenue Code will be executed by Seller.
Section 17. Entire Agreement.
It is understood and agreed that all understandings and agreements, whether written
or oral, heretofore had between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their agreement, that neither party is relying upon any
statement or representation not embodied in this Agreement, made by the other, and that
this Agreement may not be changed except by an instrument in writing signed by both
parties.
Section 18. Litigation.
In the event that any suit or action is instituted by either party to enforce compliance
with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing
party shall be entitled to collect, in addition to necessary court costs, such sums as the
court may adjudge as reasonable attorney fees. The venue for any such action to enforce
or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County,
Washington.
cim/Contract for Sale and Purchase of Lukehart Property Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first herein written.
„- Wtness:
4',7)71/?l
Attest: K\ NIA
-
walz
heti City Clerk
PURCHASER
CITY OF YAKIMA, WASHINGTON
Dick Zais, City Manager
CITY CONTRAC r NO: aDae
RESOLUTION N0:
Zpot -/R/
Seller's acceptance: day of August, 2008. Seller agrees to sell the Property on
the terms and conditions specified herein. Seller acknowledges receipt of a copy of the
Agreement, signed by both parties.
By:
cim/Contract for Sale and Purchase of Lukehart Property Page 7 of 7
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DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
Office of Neighborhood Development Services
112 South Eighth Street Yakima, Washington 98901
(509) 575-6101 • Fax (509) 575-6176
MEMO
Date: June 5, 2008
To: Bill Cook, Community and Economic Development Director
From: Archie M. Matthews, ONDS Operations Supervisor()
Subject: Proposed purchase of two single parcels along Fair Avenue
The owner, Gary Lukehart, has offered two pieces of property for sale to the City of Yakima for a
combined price of $17,500.00
The Neighborhood Development Committee has discussed a program to improve Fair Ave including
beautification of two vacant triangles of land and City right of way along the east side of Fair Ave.
Please see the attached Yakima County Assessors map and parcel information, the letter offering these
parcels to the City of Yakima by the current owner Mr. Lukehart, and the appraisal report describing
these parcels and current value.
If you have any questions, please feel free to contact me at Neighborhood Development Services at 575-
6101.
FOR COUNCIL INFO ONLY
C _CCC LES
DATE 49-/Q `v(
Yakima
1111
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CHINOOK
(4 1%P.1J A.11
April 11, 2008
Mr. Bill Cook
City of Yakima
Community of Economic Development
128 North 2id Street
Yakima, Wa 98901
RE: PURCHASE OF PROPERTY AT 10TH AND BEECH STREETS
Dear Bill,
RECEIVED
APR 14 2008
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
This letter is to follow up on a meeting I attended this week with some of the City's staff
and subsequent telephone conversations with you. I have two pieces of property on 10 and
Beech Streets the City of Yakima is interested in purchasing. Parcel 1 91 31 9-41 502 has 4500
square feet and 1 91 31 9-41 501 has 1150 square feet for a total of 5650 square feet. I will sell
both pieces for the assessed value of $17,500.00. If you need more information, please don't
hesitate to contact me.
1901 North 4th Street. Yakima. \V.A 98901
Phone.(509)574-38S9
Fa\: (509574-3S91
May 10, 2008
City of Yakima
CIO Office of Neighborhood Development Services
112 S. 8th Street
Yakima, WA 98901
RE: Fee Simple Appraisal of Vacant Land
Located at 10th Street — Fair Avenue & Beech Street
Yakima, WA 98901
Dear Sir:
The following is the appraisal report of the above captioned property, as requested.
This report presents our best estimate of the current market value for the proposed
vacated street, as of the date of this appraisal.
The values included in this report have been independently determined, with out
prejudice or bias, and are based on fee title to the subject property. The subject
property was personally inspected by John F. Timm of this firm on April 30, 2008.
This appraisal report and all value conclusions have been prepared by the
undersigned appraiser. The subject property and all comparable data relied upon in
this report have been investigated and analyzed in accordance with professional
standards.
The final conclusion and best estimate of value for subject properties, as of the date
of the appraisal, is concluded at: 523.500.00.
If we can be of any further service in this matter, please do not hesitate to call upon
us.
Sincerely,
John F. Timm, IFAS
Appraiser
Yakima County GIS
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LOCATION INFORMATION
'Parcel Address
10TH S ST„WA
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'MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED, THIS IS NOT A LEGAL DOCUMENT AND SHOULD
'NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION
'Parcel Owrter(s):
GARY D & MARY Al LUKEHART
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19131941502 Parcel Saee4500 Square Feet
Number
Property Use.
91 Residential land Undeveloped
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TAX
AND ASSESSMENT INFORMATION
Detailed
Report
Tax Code Area (TCA):
331
Tax Year
2008
Improvement Value:
90
Land Value:
812500
CurrentUse Value.
$0
CurrentUse Improvement
t0
Print Detailed
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Total Assessed Value: $12500
MAP
New Construction: $0
RESIDENTIAL INFORMATION
SECTION MAPS
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Year Built
Stones Main SgFI
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Bsmt SqFt 'Bedrooms
Bathrooms (Garage
(full/3/4,1/2)1(bsmtiatt itin)
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lin=400ft
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SALE INFORMATION
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1"=200ft
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about any errors you discover and we will correct them. To contact us call either (509) 574-1100 or (800) 572-7354, or email us
OVERLAY INFORMATION
)Zoning
'R-1
Jurisdiction:'Yakima (Urban Area Zoning Ordinance)
rUrban Growth Area Yakima Future Landuse Designetion:j(LD) Low Density Residential (Yakima Urban Area Plan)
{FEMA. 'Not within floodplain. • I FIRM Panel NtmiberI5303110006A
LOCATION INFORMATION
• Latitude 46' 35' 52.034" 4 Lonomude.•120' 29' 18.131- :Range -19 Township:13 Seclion:19
Narrative Description: HOME ADD YAKIMA: LOTS 15 & 16 BLK 217 EX E 30 FT RD RIW
DISCLAIMER
'MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED, THIS IS NOT A LEGAL DOCUMENT AND SHOULD
'NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION
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PROPERTY PHOTOS: J
PROPERTY INFORMATION AS OF 4/9/2008 3:01:46 AM l PRINTING
Parcel Address. 110TH S ST. ,WA
Parcel Owmer(s): (GARY D 3 MARY M LUKEHART ) Printer-
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Parcel Number 11 91 31 941 501 (Parcel S¢e:I1150 Square Feet I
Property Use: 191 Residential land Undeveloped
TAX AND ASSESSMENT INFORMATION
Detailed
Tax Code Area (TCA): ;331 Tax Year.12006
Report
Improvement Value: I$0 Land Vale:rf5000
CurrentUse Value: )f0
CurrentUse Asn provement ff0
Print Detailed
New Construction: $0
Total Assessed Value:jf5000
MAP
1
RESIDENTIAL INFORMATION
SECTION MAPS
Quality Year Buitt Stones (Main SgFt
I
(Upper SciFt
«
Bsmt SgFt
Bedrooms
Batrpootns
(fulU3/4,12)
Garage
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No Residence Information Found.
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SALE INFORMATION
Qtr SECTION MAPS
Excise (Sale Date Sale Price Grantor Portion of Parcel
NE -Qtr
1"-200ft
No Sales Information Found.NW-Qtr
DISCLAIMER
1"=200tt
While the information is accurate,intended to be any manifest errors are unintentional and subject to correction. Please let us know
about any errors you discover and we will correct them To contact us call either (509) 574-1100 or (800) 572-7354, or entail
SW -Qtr
"=200ft
S -Qtr
1"=20
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OVERLAY INFORMATION
)Zoning
I Urban Growth Area -
i FE MA
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(Yakima
Not within floodplain.
.lulsdiction:)Yakima (Urban Area Zoning Ordinance)
Future Landuse Desrgnation:I(LD) Low Density Residential (Yakima Urban Area Plan)
FIRM Panel Number15303110006A
LOCATION INFORMATION
rLatitude-46' 35 51.120 k Longdude.-120° 29' 18.13?
arratrve Desatption: HOME ADD YAKIMA: LOT 14 BLK 217 EX E 30 FT RD RAN
1Range:19 Township:13 Section -19
DISCLAIMER
'MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE. BUT ACCURACY IS NOT GUARANTEED; THIS IS NOT A LEGAL DOCUMENT AND SHOULD
'NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION
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http://vakimap.com/servlet/com.esri.esrimao.Esrimau?name=YakGI S H&TAB=TabAssesso... 4/9/2008
Fidelity Title Company
117 NORTH 4TH STREET • P.O. BOX 1682 • YAKIMA, WASHINGTON 98907
PHONE (509) 248-6210 (800) 666-8308 • FAX (509) 248-2048
Agent for
Chicago Title Insurance Company
ALTA COMMITMENT
Schedule A
Title Order No.: 00071848 - MB
1. Effective Date: April 22, 2008 at 8:00 a.m.
2. Policy or policies to be issued:
a. Standard Owner's Policy (ALTA 6/17/06)
Proposed Insured:
CITY OF YAKIMA
To: Fidelity Escrow
117 North 4th Street
Yakima, WA 98901
Attn: Misty Pitner
mpitner@fitico.com
Amount $17,500.00
PREMIUM INFORMATION:
A. STANDARD (None) $220.00 Tax: $18.04 Total: $238.04
3. The estate or interest in the land described herein and which is covered by this commitment is:
A Fee
4. The estate or interest referred to herein is at Date of Commitment vested in:
GARY D. LUKEHART and MARY M. LUKEHART, husband and wife
5. The land referred to in this Commitment is situated in the County of Yakima, State of Washington and is more
fully described as follows:
See Exhibit A attached hereto and made a part hereof.
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.: I/
Meeting of August 5, 2008
A Resolution authorizing the City Manager to execute an agreement for the
purchase of real property located at 602 and 604 Fair Avenue in the amount
of Twenty-three Thousand Five -Hundred Dollars ($23,500) for future public
use.
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT: Michael Morales, Deputy Director CED, 575-3533
SUMMARY EXPLANATION: The Council Neighborhood Development has been pursuing a
corridor beautification plan in the Kiwanis Park, Fair Avenue area of Southeast Yakima. The
primary purpose of the initiative is to find cost effective ways to beautify and maintain all public
rights of way, and enhance transit and recreational facilities in the area. Two parcels located at
the corner of Beech Street and Fair Avenue have been offered for sale to the city in order to
accommodate public improvements and beautify the neighborhood. This location has been
proposed as a potential pocket park and/or bus turn out location in conjunction with future
beautification along Fair Avenue. The lots are essentially not suitable for development of neither
residential nor commercial structures to their odd, triangle configuration. The appraised value of
the property is twenty-three thousand five hundred dollars ($23,500).
The transaction was presented to City Council Neighborhood Development Committee on
June 11, 2008. The committee voted unanimously to forward the proposal to council with a
recommendation to approve the purchase.
Resolution Ordinance Contract Other (Specify)
Funding Source
2008 CDBG Public Facility funds
APPROVED FOR SUBMITTAL:
y Manager
STAFF RECOMMENDATION: Staff recommends approval
BOARD/COMMISSION RECOMMENDATION: Council Neighborhood Development Committee
recommends approval.
COUNCIL ACTION: