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HomeMy WebLinkAboutR-2008-135 Oak Flats Property SaleRESOLUTION NO. R-2008-135 A RESOLUTION declaring the real property known as the Oak Flats property to be surplus, and authorizing the City Manager of the City of Yakima to execute an option to purchase and/or a real estate purchase and sale agreement with the Washington Department of Fish and Wildlife, and to execute any and all supplementary documents, including but not limited to a Statutory Warranty Deed and Real Estate Excise Tax Affidavit, and to take any and all additional actions that may be necessary or appropriate to complete the sale to the Washington Department of Fish and Wildlife of approximately 289.22 acres of surplus land known as the Oak Flats property located at 1100 State Route 410, consisting of four parcels in Yakima County, Washington, for the purchase price of $1,300,000. WHEREAS, the Oak Flats property is an asset of the Water/Irrigation Division of the City of Yakima; and WHEREAS, the Water/Irrigation Division of the City of Yakima used the Oak Flats property for the operation of a domestic water diversion system, which included surface improvements on site as well as underground piping, to supply domestic water to residents and businesses within the City of Yakima; and WHEREAS, the Water/Irrigation Division of the City of Yakima ceased operating the domestic water diversion system located on the Oak Flats property in 1976; and WHEREAS, the Water/Irrigation Division of the City of Yakima has no further use for the Oak Flats property and has determined that the property is surplus; and WHEREAS, the Water/Irrigation Division of the City of Yakima desires to sell the Oak Flats property; and WHEREAS, the Washington Department of Fish and Wildlife desires to purchase the Oak Flats property for part of its Oak Creek Wildlife Area and to provide public recreational activities, such as fishing; and WHEREAS, RCW 39.33.010 provides authority for the City of Yakima to sell real property to the State of Washington on such terms and conditions as may be mutually agreed upon; and WHEREAS, RCW 39.33.020 provides that before disposing of surplus property with an estimated value of more than fifty thousand dollars, the City of Yakima shall hold a public hearing; and WHEREAS, the City of Yakima, in compliance with RCW. 39.33.020, held a public hearing on September 16, 2008 at 7:00 p.m.; and WHEREAS, the City Council finds the real property known as the Oak Flats property surplus to the needs of the City of Yakima; and WHEREAS, the Oak Flats property has an appraised value of $1,300,000; and 1 WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to sell the Oak Flats property; and WHEREAS, the City Council finds that the City Manager should be authorized to execute an option to purchase and/or a real estate purchase and sale agreement with the Washington Department of Fish and Wildlife, and to execute any and all supplementary documents, including but not limited to a Statutory Warranty Deed and Real Estate Excise Tax Affidavit, and to take any and all additional actions that may be necessary or appropriate to complete the sale to the Washington Department of Fish and Wildlife for the purchase price of $1,300,000; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby declares the real property known as the Oak Flats property surplus to the needs of the City of Yakima, and the City Manager of the City of Yakima is hereby authorized and directed to execute an option to purchase and/or a real estate purchase and sale agreement with the Washington Department of Fish and Wildlife, and to execute any and all supplementary documents, including but not limited to a Statutory Warranty Deed and Real Estate Excise Tax Affidavit, and to take any and all additional actions that may be necessary or appropriate to complete the sale to the Washington Department of Fish and Wildlife of approximately 289.22 acres of surplus land known as the Oak Flats property located at 1100 State Route 410, consisting of four parcels, Yakima County Assessor's Parcel Nos. 161527-33001, 161534-12001, 161535-22001 and 161535-23001, located in portions of Sections 27, 34 and 35 of Township 15 North, Range 16 East of the Willamette Meridian, Yakima County, Washington, for the purchase price of $1,300,000. ADOPTED BY THE CITY COUNCIL this 16th day of September, 2008. ATTEST: 2 David Edler, Mayor 6UG-13-2009 THU 08:49 AM PACIFIC ALLIANCE TITLE r - FAX NO. 509 2488924 P. 03 OPTION TO PURCHASIt LANDS THE ROCKY MOUNTAIN ELK FOUNDATION, INC., a Montana non-profit corporation, whose address is 5705 Grant Creek Road, Missoula, Montana 59508, hereinafter known as "SELLER"", in consideration of' ONE HUNDRED AND NO/100 DOLLARS ($100.00) to he credited towards the purchase price upon WDPW's election to purchase and the receipt and adequacy of which is hereby acknowledged, do hereby grant unto THE STATE OF WASHING'T'ON, THE DEPARTMENT OF FISH AND WILDLIFE, hereinafter known as "WDFW", the exclusive right and option (this "Option") to purchase the lands hereinafter described, together with all and singular the tenements, hereditaments and appurtenances, including easements, any and all shorelands and bedlanda, Umber rights, mineral rights or water rights, thereunto belonging or in anywise appertaining collectively hereinafter referred to as the "Property", subject to the terms and conditions herein set forth for FIVE HUNDRED SEVENTY-SEVEN THOUSAND FIVE HUNDRED TWELVE DOLLARS ($577,512.00), said lands being situated in Yakntte County, Stale of Washington, and being more completely described as follows: All of Section I, Townahlp IS North, Range 15 East, W.M. SELLER and WDFW, by executing this instriuuenl, mutually covenant and agree on the following terms and conditions of this Option: 1. All rights of WDFW herein shall he forfeited,'and both parties shall be relieved of any obligation or responsibility if WDFW shall fail to exercise this Option to purchase by September 24, 2008, and the transaction should fail to close by September 30, 2008. This Option is contingent upon SELLER acquiring, or securing assignable rights to acquire, the Property. 2. Upon election to purchase, WDFW stall notify SELLER in writing and prepare, or cause to be prepared, a Statutory WiuTanty Dead transferring title to the Property to WDFW, and submit sante to the designated escrow agent o1'WDFW's selection. SELLER agrees to share the escrow fee on an equal basis with WDFW. 3. Upon request, SELLER will imniediatety curse the executed Deed to be delivered to the designated escrow agent. The recording fee will be paid by WDFW. 4. WDFW will acquire, and pay the cost of, a title insurance policy, said policy to insure title to the Property in the State of Washington, the Department of Fish and Wildlife, free aad clear of all encumbrances and defects except the following: a) Easement recorded under Auditor's File No. 2710774 b) Pendency of Yakima County Superior Court Cause No, 77-2-12184-5, recorded under Auditor's File No. 2479271, 5. All taxes and assessments due, owing, or levied for the year in which title is transferred shall be prorated between SELLER and WDFW as of the date of transfer of title. WDFW will pay the real estate excise tax. 6. Upon recording of said Deed and confirmation by the title insurance company that the title insurance policy will be issued to WDFW subject only to the above stated exceptions, the transaction will close and SELLER's proceeds, less all charges and pro -rations payable by SELLER, shall be disbursed to SELLER, WDFW shall have possession of the Property upon closing. 7. SELLER will do or suffer no act to be dune which will diminish the value of the Property during the life of this Option, and all necessary precautions will- be taken to protect the Property Chniun Is Pinch= Lands wOeW/ttMtkl. rage I 013 PUG -13-2009 THU 08:49 AM PACIFIC ALLIANCE TITLE FAX NO, 509 2488924 P. 04 from damage by fire, trespass or other cease, 8. SELLER shall indemnify, defend and hold WDFW harmless from, and against, any claim or demand made by any real estate broker, agent, or finder, claiming to have dealt or consulted with the parties in connection with the sale of the Property by SELLER to WDFW. If SELLER has entered into a contract with a teal estate broker, or any other person, which makes this transaction subject to a commission or fee, said commission or fee shell be the sole responsibility of the SELLER and shall be discharged at closing from SELLER's proceeds, 9. SELLER hereby gives assurances that SELLER does not know of the release of any hazardous substances on the Property. Furthermore, SELLER warrants that SELLER has not personally disposed of any hazardous substances on the Property I0. In the event of a lawsuit involving this Option, jurisdiction and venue shall be proper only in the State of Washington, Thurston County Superior Court. 11. This instrument contains the entire agreement between the parties, anti no statement, promise, representation, inducement or agreement made by WDFW or its agents or employees that are not contained in this instrument shall be valid, binding or enforceable. By signature below, the parties warrant that they have read and understood this instrument and agree to be bound by its terms.. THERE AFt,r, NO y RAL OlI R AGi7); ENTS H CET DIFY 0 Fr?' THIS OPTION, — TN WITNESS WHEREOF, the parties herein have caused this instrument to be executed as below subscribed. ROCK K FOUNDATION, INC., a Montana non-profit corporation 9-110- of Rodney J. Trieplce, Chief Operating Officer Date TI -IE STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE Jennifer Quan, Lands Division Manager Date Option to Vurchaxe Loads WDFW/P.tvIEF Paan 2 cr 3 PJJG-1372009 THU 08:50 AM PACIFIC ALLIANCE TITLE STATE OF MONTANA County of Missoula ) )ss FAX NO, 509 2488924 P, 05 I certify that 1 know or have satisfactory evidence that Rodney J. Triepke signed this instrument, on oath staled that he was authorized to execute the instillment as the Chief Operating Officer of ROCKY MOUNTAIN ELK FOUNDATION, INC., a Montana non-profit corporation, and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal thisiD day of 3e, P �0 .r, 2008 - Notary Public in and fur the State of Montan residing ut � S Cls 1�5� t 'Z` My appointment expires ._ brae, JENNIFER BAHNFLETH NOTARY PUBLICWONrANA Holding of Mlasouta, Mosta My Comm. Explma 163.5 ,12.CX t STATE OF WASHINGTON ) )35 County of Thurston I certify that I know or have satisfactory evidence that Jennifer Quan signed this instrument, on oath stated that she was authorized to execute the instrument as the Lands Division Manager of the Washington State Department of Fish and Wildlife and acknowledged it to be her free and voluntary act for the uses and purposed mentioned in the instrument. GIVEN under my hand and official seal this day of , 200S, Notary Public in and for the State of Washington, residing at My appointment expires Option to Parvlmse 1. ands WDFW)RME - Page 3 of 3 qUG-13-2009 THU 08:50 AM PACIFIC ALLIANCE TITLE FAX NO. 509 2488924 P. 06 Return Addre s Fes` �� W %'f'll>sDtQC Muse print neatly or typo intern arinn Document I Title' s`1 I1TAx—�;, I—L!21;oi'IIJ 1v ;40 Reference - Additional reference irk an page Grantors. 1 IIINI IIIII J III111 II1(IIII FILED 7628322 YAI(IHA COUNTY, NA 09/25/2208 0a;12:19P11 DEED POSES. 4 Recardine Fee: 95.00 Expedite Feel 50.00 PACIFIC ALLIANCE TITLE E101 ORY Grantees: l20 Bp ''l 0, Ile Additional grantors un puce, additional grunted on page Document 2 Title; Reference /Ps: Addition: raferonoa IN un pogo Grantors: Grantees: Additionui grantors rat pogo 'Willi Iona' grantees an pogo Legal Description (abbreviated form: i.e. lot, blk, plat or S.T.R quaver/quaver) ter. 1 !u S. Add portal Ingal is on pogo Assessor's Property Tex Parcel/Account Number 161.579-1— oial /IQf53217jP• / / 1 -, aotp I 14, a3e,o Emergency nonstandard document recording: I am requesting an emergency nonstandard recording for an additional tee as provided in RCW 36.18.01 U. I understand that the recording processing requiremen may cover up or otherwise obscure some part of the text of the oti gi al document. Signature: _. 110 The Auditor/tecordcr wilt rely on leo information provided on the tram. The sruffwitl not rwd Wa document at verify the accuracy or wtnplotencee of the indoxine information pnrvided herein, Yakima County Auditor File Y 7628322 Pogo 1 of 4 , r _ _wAUG-13-2009 THU 08:50 AM PACIFIC ALLIANCE TITLE After Rut m‘111 lig Ratan' To; lYashingfon Ocporuuunl vtFish um! lVilaltiv Real by talc ScrV101s lisp Copltol'Nay Nllrtl, Olympia, WA 9115111-1091 AIG,: Thom WuullrulT FAX NO. 509 2488924 P. 07 Document Title; Statutory Warranty Deed Reference No. Of Related Document: Grantor: The City of Ynitime Grantee! The State of Washington, the Dupnrtment of risk and Wildlife Legal Dasuriptioa: Pin SW1/4 S. 27; Put S. 34; Pin S. 35, all TI 5N, R16E, W.M. Assessor Puree! Nos.; 161527-33003;161534-12001;161535-22001; & 161535-23001 County: Yakinui STATUTORY WARR.ANTY DEED The Grantor, THE CITY OF YAKIMA, a Municipal Corporation, for and in consideration of ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($7.,300,000.00), conveys and warrants to TI -IE STATE OF WASHINGTON, THE DEPARTMENT OF FISH ANT) WILDLIFE, the real estate snore fully described ou the attached Exhibit A (the "Property") and situated in the County of Kittitas, State of Washington: TOGETHER WITH: All and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. And further, for the consideration afores aid, rite Grantor above named hereby conveys and quit claims unto The State of Washington, The Department of fish and Wildlife, its successors and assigns, all right, title, and interest which Grantor may have in and to the banks, buds and waters of any streams, or any lands not adequately described, opposite or fronting upon the fee lands above described and in any alleys, roads, streets, ways, strips, gores, Or railroad rights-of-way abutting or adjoining said land and in any means of ingress and egress appurtenant thereto. SUBJECT TO: Existing easements for public roads, public highways, public utilities, railroads and pipelines; reservations, exceptions and any other outstanding rights contained in or referred to in patents issued by The United States. ALSO SUBJECT TO: a) Easements or right-of-ways for necessary canals, tunnels or other water conduits and for telephone and transmission lines required in connection with the Selah Valley Canal Company, as disclosed by instruments of record; b) Easement recorded under Auditor's File No. 3098099; c) Pendency of Yakima Superior Court Cause No. 77-2-01484-5; and, d) Unrecorded Oil and Gas Lease between the State of Washington and Encana Oil and Gus (USA) inc., Lease No. 25480.000, Lease Name ST WA 63 075079, dated August i, 2005, for a term of ten (10) years. A REAL PRATE i:NSWWE FAX KPAID Dated tints"008. A AMS__ DATE SEP 2 2009 0 404629 Page I of 3 N A"F T BY.:� lr104, Y Yakima County Auditor Flit tl 7029322 Pogo 2 of 4 ILENE OMSON, TREASURER • W A S 1 N 0 0 N i. AUG -13-2009 THU 08:50 AM PACIFIC ALLIANCE TITLE FAX NO, 509 2488924 P. 08 The City of '(akima, a Municipal Corporation STATE OF WASHINGTON ) / / )ss COUNTY OF V�g,Pq. ) I certify that I know or have satisfactory evidence that .UL/Ape. 2, (ad is the person who appeared before mc, and said person acknowledged that she/he signed this instrument, on oath stated that she/he was authorized to execute the instrument and acknowledged it as the �, , 1L1�, el..of The Clry of 'Yakima, to be the free and voluntary act of such party fo the rises and purposes mentioned in the instrument. GI 3N under my hand and oftle se I this aqday ofx 2008. Ntiny Public in and for the State of W inqVr + +, residing ut My appointment expires 1 1 Page: of Ysldrnu County auditor File N 7629322 Pap 3 of 4 -,, HU1a-1 J-i'UU 1 I HU Ud ; b 1 HCI YHU 1 h 1 U HLL 1 HNUL 11111 EXHIBIT A !'HA -NU, 5U 1 ntibdZ4 V. U That portion of the Southwest quarter of Section 27, Township 15 North, Range 16 Est, W.M., described as follows, Beginning at the Southwest comer of stud section; thence North1650 feet; theme Southeasterly 2335 feet, thence West 1650 feet t0 the point of beginning. artd13 The Southeast quan.cr of the Northeast quarter, the West Half of the Northeast quarter, the Southeast quarter of the Northwest Quarter, and the North Halt of the Northwest quarter, ALL in Section 34, Township 15 North, Range 16 East, W.M., EXCEPT the Right-of-way for State Highway 410; AND EXCEPT; Beginning 1130 feet East and 291 feet South of the Northwest comer of said Section 34; thence South 35°28' East 583,8 feet; thence North 54°32' East 285 Net; thence North 35°23' West 538.8 feet; thence South 54°32' West 285 feet to the point of beginning. °s cel C That portion of Suction 35, Township 15 North, Range 16 East, W..M„ described as follows' that portion of the Southeast quarter of the Northwest quarter of said Section 35 lying Northerly of the Selah Valley Canal and Southerly of the Stale. Route 410 right-of-way; AND; That portion of the WcSt Half of the Northwest quarter and the Northwest quarter of the Southwest quarter lying Northerly of the South hank of the Naches River EXCEPT that portion of said Southwest quarter of the Northwest quarter lying Southerly of State Route 410, Northerly of the Selah Valley Canal and Westerly of the following described line: I3egintling at a point on the West line of said Northwest quarter at the Southerly right•of-way line of State Route 410; thence South 79°44' East 653,33, thence South 06°55'12" West to the Selah Valley Canal and the end of said line, AND EXCEPT the State Route 410 right -o'1 -way, farce) t� That portion of the Southwest quarter of the Northwest quarter of Section 35, Township 15 North, Range 16 East lying South of State Route 410, North of the 5clah Valley Canal and West of the following described line: Beginning on the South right-of-way line n'1' State Route 410 and the West line of said Northwest quarter; thence South 79°44' East 653.33 feet; thence South 06°55'12" West to the Selah Valley Canal and the end of said line. All situate in the County of Yakima, Slate of' Washington. Ydklma County Auditor Page. S of 3 Fila It 7628322 Paps 4 of 4 RUG-13-2UU9 THU UtIlbl AM NHU11.1U HLLIHNUh TITLE hfIX NU. bUy C4titiyC4 Seller: CITY OF YAKIMA Property Address: Pacific Affiance Title, LLC 311 N. 4th Street, Suite 102 Yakima, WA 98901 (509) 225-6809 SELLER'S CLOSING STATEMENT ESTIMATED NKA. STATE ROUTE 410 YA IMA COUNTY, WA 98901 N. IU Escrow No: 01014100 -001 -SS Close Date: 09/26/2008 Proration Dat:: 09/26/2008 Date Prepared: 09/25/2008 • " k;, ry 1 'a , ..t,. ' w. ihs' .i • fila' ..1',: ccr qQd$ 11 aT*rf�h a of r rfti t,�d Pit . L.1.« $ f r. 'sad .._M ;yS :l�. ,l -',Z f.. J. ra+'�•'I �.At�.�. .i'� A- "t IAAa' Ryp¢• •w `y� �}Ie,`i T" l� ✓ 8A �A 3",: +:c!. .d: .tiv iedid r ,>fw' Coedit. .wu: �i,�. S'�, 4.7. .A`:, l.R.9}r.C+/�,G dF ` TOTAL CONSIDERATION: Total Consideration 1,300,000.00 TITLE CHARGES: . Title Insurance Fees to Pacific Alliance Title, LLC 1,615.00 Title Sales Tax to Pacific Alliance Title, LLC 132.43 RECORDING FEES: ' Process Excise Tax to YYakima County Treasurer 10.00 ESCROW CHARGES: Escrow Fee to Pacific Alliance Title 1,087.50 Sales Tax to Pacific Alliance Title, LLC 89.18 Sub Totals 2,934.11 1,300,000.00 Proceeds Due Seller 1,297,065,89 Totals 1,300,000.00 1,300,000.00 Page 1 of 1 Borrower. HUl.-13—LUUJ IHU Uh.4y Hfl rHl !l R HLLIHNUL I1ILM. MHA NU. out G9tSnn 'acific Alliance Title, LLC 311 N. 4th Street, Suite 102 Yakima, WA 98901 (5091225-6809 BORROWER'S CLOSING STATEMENT FINAL WASHINGTON DEPARTMENT OF FISH AND WILDLIFE Property Address: NKA STATE ROUTE 410 YAKIMA COUNTY. WA 98901 r. u� Escrow No: 01014100 -001 -SS Close Date: 09/26/2008 Disbursement Date: 09/26/2008 Date Prepared. 10/08/2008 DEPOSITS: Total Consideration PRORATIONS AND ADJUSTMENTS: Deposit RECORDING FEES: Recording Fee to Pacific Alliance Title L.L.C. Deed: 0 pages @ $44.00 ESCROW CHARGES: Escrow Fee to Pacific Alliance Title Sales Tax to Pacific Alliance Title, LLC Sub Totals Totals Page 1 of 1 1,300,000.00 1,301,220,68 , 44.00 1,087.50 89.18 1,301,220.68 1,301,220.68 1,301,220.68 1,301,220.68 AUG -13-2009 THU U8:b1 AM FAU11.1U ALL1ANUh TITLE PACIFIC AIIIANCE TITLE hAX NU. bUll 24881124 P. 11 DISCLOSURE NOTICE September 24, 2008 Escrow No. 01014100 Pacific Alliance Title, LLC has been requested to act as the closing agent in the above referenced transaction. The closing officer, certified under the Limited Practice Rule as set forth by the Washington Supreme Court, may select, prepare and complete documents in forms as approved by the Limited Practice Board for use in closing a loan, extension of credit, sale or other transfer of real or personal property, such documents shall be limited to deeds, promissory notes, guarantees, deeds of trust, reconveyances, mortgages, satisfactions, security agreements, releases, Uniform Commercial Code documents, assignments, contracts, real estate tax affidavits, and bills of sale. Other documents maybe approved from time to time by the Board with the concurrence of the Washington Supreme Court. In connection with the Limited Practice Officer's selection, preparation, and completion of the documents as required in this escrow, we wish to advise you of the following; 1. The Limited Practice Officer is not acting as the advocate or representative of either (or any) of the parties. 2. The documents prepared by the Limited Practice Officer will affect the legal rights of the parties. 3. The parties' interests in the documents may differ. 4. The parties have a right to be represented by lawyers of their own selection. 5. The Limited Practice Officer cannot give legal advice as to the manner in which the documents affect the parties. TF YOU WISH TO HAVE YOUR DOCUMENTS AND INSTRUMENTS PREPARED BY AN ATTORNEY OF YOUR CHOICE, PLEASE NOTIFY THE CLOSING OFFICER IMMEDIATELY. All of the doctunents, which have bean, or will be prepared in connection with this escrow will be available for review by each party or their lawyers prior to their execution. To review documents, please contact the Closing Officer. IF YOU DO NOT UNDERSTAND THIS TRANSACTION, PLEASE SEEK TUE ADVICE OF INDEPENDENT LEGAL COUNSEL. THE LIMITED PRACTICE OFFICER CAN NOT GIVE YOU LEGAL ADVICE, Pacific Alliance Title, LLC BY: Limited Practice Officer LPO NUMBER 2541 TILE DOCUMENTS TO BE PREPARED IN THIS TRANSACTION ARE AS FOLLOWS: O APPLICATION FOR CERTIFICATE OP TITLE O MOBILE HOME EXCISE TAX AFFIDAVIT STATUTORY WARRANTY DEED EXCISE TAX AFFIDAVIT PROMISSORY NOTE DEED OF TRUST REQUEST FOR FULLRECONVEYANCE REAL ESTATE CONTRACT WARRANTY FULFILLMENT DEED ❑ ❑ ❑ ❑ RELEASE OF INTEREST BILL OF SALE MOBILE HOME TITLE ELIMINATION CERTIFICATE SECURITY AGREEMENT NO DOCUMENTS WERE PREPARED I/we have been afforded adequate time to read and understand the above disclosure, as evidenced by my/our signature below, I/we acknowledge receipt of a copy of the above notice. Received this day of CITY OF YA /1,4w ul.Lur--. `}� f, h� G. 311 North Fourth Street, Suite 102 Yakima, Washington 98901 TEL 509/225.6809.866/202.4619 • FAX 509/248.8924 WASHINGTON DEPARTMENT OF FISH AND 1001 Yakima Valley Highway / PO Box1530 Sunnyside, Washington 98944 TEL 509/839.4787.800/213.2842 • FAX 509/837.7508 nub-1J-CUud iriu U0.01 tuft rtluiri t1LL1NNUC MLC PACIFIC ALLIANCE TITLE rnA Nu. our C4000C4 r. IC PURCHASERS: WASHINGTON DEPARTMENT OF FISH AND WILDLIFE ESCROW NO. 01014100 SELLERS: CITY OF YAKIMA Supplement to CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction Including Instructions to Record Documents and Disburse Funds This is a part of the Closing Agreement and Escrow Instructions signed by the parties under the Closing Agent's escrow file number set forth above. Except as expressly modified, changed or amended by this supplement, all terms and conditions of the Closing Agreement and Escrow Instructions, and any previous supplements, additions or amendments thereto, shall remain in effect. THE SELLER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS : fd Statutory Warranty Deed ❑ Real Estate Contract El Real Estate Excise Tax Return ❑ Purchaser's Assignment of Contract and Deed ❑ Bill of Sale 17 THE BUYER HAS APPROVED, SIGNED AND DEPOSITED TETE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS : A Promissory Note ❑ Deed of Trust 1l Mortgage ❑ Real Estate Contract Et Real Estate Excise Tax Return ❑ BY SIGNING TINS DOCUMENT, EACH PARTY ACIQNOWLEDGES: Conditions of Parties' Agreement Satisfied. All terms and conditions of the parties ' agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of escrow. Title Report Approved. The preliminary commitment for Title Insurance, including the legal description of the property and all attachmenta, supplements and endorsements to that report, issued by PACIFIC ALLIANCE TITLE, L.L.C. under order number 1014100, are approved by me and made a part of these instructions by this reference. Settlement Statement, Approved. The settlement statement prepared by the closing agent is approved by me and made a part of these instructions by this reference. I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts required when the funds arc disbursed, that the settlement statement continues to be subject to audit at any time, and if any monetary error is found, the amount will be paid by the party liable for such payment to the party entitled to receive it. BY SIGNING THIS DOCUMENT, THE BUYER FURTHER ACKNOWLEDGES: Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of payment, interest rates and conditions of any existing notes, deeds of trust, mortgages, contracts, assessments or other debts or obligations that I will assume and agree to pay in this transaction, and hereby approve the same. Property Approved. I have had adequate opportunity to review the seller's written disclosure statement, if any, and to inspect the property and determine the exact location of its boundaries. The location and physical condition of the property and any buildings, improvements, plumbing, heating, cooling, electrical or septic systems on the property are approved. I understand that all inspections and approvals of the location and physical condition of the property are my sole responsibility, and are not part of the closing agent's duties and responsibilities. I hereby release and agree to hold the closing agent harmless from any and all claims of liability for loss or damage arising or resulting from any Physical condition or defect on the property, or from the location of its boundaries. b'lS Vision Forth SSPOIWA Rev. 1111e18e 1 irr" HUIr-1d-LUU3 1HU tio:bL HM t'HU1t IU HLL1HNUt I1ILt MA NU. bUd L4tibtC4 t', 1J TICS CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS: Instruction to Close. The closing agent is instructed to perform its customary closing duties under these instructions, to deliver and record documents according to these instructions, and to disburse the finds according to the settlement statement, adjusting estimated amounts, when the closing agent has the documents required to close the transaction in its possession and has, or will obtain when the documents have been delivered and recorded: 1. Sale proceeds for the seller's account in the sum of $1,300,000.00, to be disbursed according to the settlement statement, and 2. Loan proceeds for the buyer's account in the sum of $0.00, to be disbursed according to the settlement statement, and 3. A policy of title insurance issued pursuant to the Preliminary Commitment for Title Insurance referred to above, insuring the buyer with IZ owner's or 0 purchaser's © standard or 0 extended coverage with liability of $1,300,000.00 having the usual clauses, provisions and stipulations customarily contained in the printed provisions and schedules of such policy forms, insuring the buyer's title to the property against all defects or encumbrances except those set forth in the printed exceptions and exclusions customarily contained in the printed provisions and schedules of such policy forms, matters attaching by, through or under the buyer, taxes not yet due, and the matters set forth in the following numbered paragraphs of Schedule B of the Preliminary Commitment for Title Insurance: amendment to paragraph 2,3,4,5„ and 6. 4. Such other policies of title insurance as may be required by any lenders that are providing financing for the transaction. Completion or Correction of Documents. The closing agent is instructed to correct any errors found in any document deposited under these instructions, and to insert as necessary the closing date, the date on which interest begins to accrue, and the dates on which payments must be made, if such items are incomplete. Adjustments and Pro -rations. The closing agent is instructed to adjust and pro -rate real estate taxes for the current year, recurrent assessments if any, and . All pro -rations shall be calculated as of Q the closing date, or Proceeds Check: Q Seller will pick up proceeds check. O Mail proceeds check to seller at: CIO DAVE BROWN -WATER DEPT2301 FRUTTVALE BLVD, YAKIMA WA 98902 Q other (i.e. wire, deposit.): Additional Instructions: BY SIGNING TiffS DOCUMENT, THE BUYER FURTHER ACKNOWLEDGES: The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek independent legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions and all other documents referred to in these instructions. WASHINGTON DEPARTMENT OF FISH AND ' OF WILDLIFE Date FAS Vision Form spot WA Ron. 11I1OW6 2 , 0.4 Date HUU-IH-2UUU THU U13:52 MN 1'HUIh1U HLL1HNUh 111Lh. PACIFIC ALLIANCE TITLE H -UI NU. 5UH L4HHIL4 F. 14 PURCHASERS: WASHINGTON DEPARTMENT OF FISH AND WILDLIFE ESCROW NO. 01014100 SELLERS: CITY OF YA'IUMA CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint Pacific Alliance Title, LLC (referred to herein as "the closing agent") to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these instructions by this reference, Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control. Description of Real Property. The real property which is the subject of the transaction (referred to herein as "the property") is identified in the parties' agreement The documents required to close the transaction must contain the "legal description" of the property. If the parties' agreement does not yet contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent Closing Date. The date on which the documents required to close the transaction am filed for record (referred to herein as "the closing date") shall be on or before the date fur closing of the transaction specified in the parties' agreement unless the closing date falls within the three-day rescission period after delivery to the buyer of an amended real property transfer disclosure statement, in which case the closing date shall be extended until the expiration of the three-day rescission period. Documents. The closing agent is instructed to select, prepare, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of its form and contents by each party signing such document Deposits and Disbursement of funds. Before the closing date, each party shall deposit with the closing agent all funds required to be paid by such party to close the transaction, leas any earnest money previously deposited with the real estate agent The closing agent is authorized, but not required, to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of such fords, if all conditions of the commitment will be met on or before the closing date. All funds received by the closing agent shall be deposited in one or more of its escrow or trust accounts with any bank doing business in the State of Washington and may be transferred to any other such accounts. The closing agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. All disbursements shall be made by the closing agents check. Settlement Statement. The closing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement Some items may be estimated, and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. if any monetary error is found, the amount will be immediately paid by the party liable for such payment to the party entitled to receive it. Prorations. Adjustments or pro -rations of real estate taxes, and other charges if any, 'shell be made on a per -diem basis using a 365 day year, unless the closing agent is otherwise instructed. Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and on any other parcel of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report"). The closing agent is authorized to rely on the title report in the performance of its duties and shall have no responsibility or liability for any title defects or encumbrances which are not disclosed in the title report. Verification of Existing Encumbrances. The closing agent is instmcted to request a written statement from the holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be removed at closing, the requirements that must be met to obtain a waiver of any due -on sale provision. The closing agent may rely upon such written statements in the performance of its duties, without liability or responsibility for their accuracy or completeness. 1 VMS man Farm 95101 WA Re,. ¶1157195 AUG -13-20U9 THU 08:53 AM PAGIHU ALLIANUh TITLE hAX NU. 5U9 2488924 F. 15 Instructions From Third Parties. If any written instructions necessary to close the transaction according to the parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. Disclosure of Information to Third Parties. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction' to the parties' attorneys, and to any real estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other than the party's attorney or lender, without prior written approval. Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potential problems which, in its opinion, should be reviewed by any of the parties' attorneys, the closing agent is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. Closing Agent's Fees and Expenses. The closing agent's fen is intended as compensation for the services set forth in these instructions. If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the parties agree to pay a reasonable additional fee for such services. The parties shall also reimburse the closing agent for any out-of-pocket costs and expenses incurred by it under these instructions, The closing agents fees, costs and expenses shall be due and payable ou the closing date or other termination of the closing agent's duties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties' agreement. Cancellation. These instntetions maybe canceled by a written agreement, signed by all of the parties, and payment of the closing agents fees, costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further dudes or responsibilities under those instructions. Inability to Comply With Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) continue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no conflicting instructions have been received, return any money or documents then held by it to the parties that deposited the same, leas any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determine rho rights of the parties. When the money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall have no further duties or responsibilities under these instructions. Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in their existing stairs pending resolution oldie dispute, or join or commence a court action, deposit the mosey and documents held by it with the court, and ask the court to detemilne the rights of the parties. Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transection or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Definitions. Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. Effect. These instructions shall bind and benefit the parties, the closing agent, and their successors in interest. Definitions. When used herein or in any amendment' , addition or supplement hereto, words and phrases are defined and are to be construed as follows: The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document,, jointly and severally unless otherwise intimated, and shall be construed interchangeably with other similar tetras such as "purchaser," "vendee," "vendor," "grantee" or "grantor" es may be appropriate in the context and circumstances to which such words apply. The word "Lender" refers to any lending institution or other party, including the seller if appropriate, that has agreed to provide all or part of the financing for the transaction or to which the buyer has made a loan application, The phrase "these instructions" refers to the agreements, instructions and provisions set forth in this document and all amendments, additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated in these instructions. The phrase "outside of escrow" refers to any duty, obligation or other matter which is the sole responsibility of the parties or of any party, and for which die closing agent shall have no responsibility or liability. In these instructions, singular and plural words, and masculine, feminine and neuter words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. MATTERS TO BE COMPLETED BY TRE BUYER AND SELLER 2 ae Melon Form SG101WA Ra 11/07/06 HUU-IJ-000`J IIIU Utt'54 Hfl rHu1M1U HLL1HNtt MLC rHh IVU, out1 CLIO0dG4 r. 10 Important - Read carefully The following items must be completed by the parties, outside of escrow, and are not part of the closing agent' s duties under these instructions. Disclosures, Inspection and Approval of the Property. Any required disclosures concerning the property incleding, but not • limited to, preparation and delivery of any required Real Property Transfer Disclosure Statement, or inspections or approvals of the property or of improvements, additions or repairs to the property, will be arranged and completed by the parties, outside of escrow. The dosing agent shall have no liability with respect to the accuracy of any disclosures made, or for the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine or disclose its physical condition, or to determine whether any required disclosures have been made, or whether any required improvements, additions or repairs have been satisfactorily completed. Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be required to determine the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro -rate, collect, prepare returns for or pay arty personal property tax, sales tax or use tax arising from the transaction. Utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pay, pro -rate or adjust charges for installation or service for any utilities or public services, except to pro -rate existing recurrent assessments for public improvements, if any, which appear on the title report. Fire or Casualty insurance. If a new policy of fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for' the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwise instructed, the closing agent shall have no responsibility to contract for or obtain any policy of fue, hazard or casualty insurance on the property, or any assignment of such policy. Possession of the property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any financing for the transaction will be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. Payment of Omitted Taxes. If any additional real property taxes are assessed for improvements made to the properly that have not been added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pm -rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed. The closing agent shall not be responsible or liable for any assessment, collection or payment of omitted taxes. Individual Taxes. The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The closing agent shall have no responsibility for the parties' individual tax consequences arising from the transaction. Foreign Investment in Real Property Tax Act if any seller is, or may be, a non-resident alien or a foreign corporation, partnership, trust or estate for purposes of United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq. of the Internal Revenue Code). • The, closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act. Approvals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either before or after the closing date. The closing agent ej,atl have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant, any such permit or approvaL Compliance With Certain Laws. The parties are advised to consult with their attorneys to determine their rights and responsibilities, if any, with respect to disclosures concerning the condition of the property, or under the Consumer Protection Act, Truth - in -Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no responsibility for disclosures concerning the condition of the property, Or for the parties' compliance, nor any liability arising from the failure of any parry to comply, with any such requirement or law. Additional Agreements, Instructions and Disclosures: 3 6415 Vision Form 5EI01WA Roy. 11x07,55 .A 1 HUU-13-AM THU Ul:b4 HM I'HU1h1U HLLIHNlh TIfLh MX NU. bUll L4NHy'L4 I'. 11 NOTICE TO PARTIES The services of the closing agent under these instructions will be performed by the person named below, who is certified as a Limited Practice Officer under Admission to Practice Rule 12, adopted by the Washington State Supreme Court. Under that rule, Limited Practice Officers may only select, prepare and complete certain documents on forms which have been approved for their use. You are further advised that: • TEE LIMITED PRACTICE OFFICER IS NOT ACTING AS T'EE ADVOCATE OR REPRESENTAT TE OF EITHER (OR ANY) OF TAE PARTIES. • THE DOCUMENTS PREPARED BY THE LIMITED PRACTICE OFFICER WILL AFFECT THE LEGAL RIGHTS OF THE PARTIES. • TEE PARTIES INTERESTS IN THE DOCUMENTS MAY DIFFER. • THE PARTIES HAVE A RIGHT TO BE REPRESENTED BY LAWYERS OF THEIR OWN SELECTION. • TSE LIMITED PRACTICE OFFICER CANNOT GIVE LEGAL ADVICE AS TO THE MANNER IN WHICH THE DOCUMENTS AFFECT THE PARTIES. The Limited Practice Officer for this transaction is: SUE STEIN LPO Number 2541 BY SIGNING THESE INSTRUCTIONS, EACH PARTY ACKNOWLEDGES: I have been specifically informed that the closing agent is forbidden by law from offering any advice concerning the merits of the transaction or the documents that will be used to close the transaction. The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek legal counsel if f have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions and all other existing documents referred to in these instructions. WASHINGTON DEPARTMENT OF FISH AND WILDLIFE Date Puvct s Mailing Address: 600 CAPITOL WAY N OLYMPIA WA 98501 Buyer's Home Phone: Buyer's Business Phone: ESCROW NO.: 01014100 els Melon Form $0101 WA Roy. 11107/06 Seller's Mailing Address; C/O DAVE BROWN -WATER DEPT YAKIMA WA 98902 Seller's Home Phone. Seller's Business Phone: 4 OPTION TO PURCHASE LANDS THE CITY OF YAKIMA, a Municipal Corporation, hereinafter known as "SELLER", in consideration of ONE HUNDRED AND NO/l00 DOLLARS (S100.00) to be included in the purchase price at closing upon WDFW's election to purchase. does hereby giant unto THE STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE, hereinafter known as "WDFW", the exclusive right and option (this "Option") to purchase the lands hereinafter described, together with all and singular the tenements, hereditaments and appurtenances, including easements, any and all shorelands and bedlands, timber rights, mineral rights or water rights, thereunto belonging or in anywise appertaining collectively hereinafter referred to as the "Property", subject to the terms and conditions herein set forth for ONE MILLION THREE HUNDRED THOUSAND DOLLARS (S1,300,000.00), said lands being situated in Yakima County. State of Washington, and being more completely described as follows. Parcel A That portion of the Southwest quarter of Section 27, Township 15 North, Range 16 East, W.M., described as follows. Beginning at the Southwest corner of said section; thence North1650 feet; thence Southeasterly 2335 feet; thence West 1650 feet to the point of beginning. Parcel B The Southeast quarter of the Northeast quarter, the West Half of the Northeast quarter, the Southeast quarter of the Northwest Quarter, and the North Half of the Northwest quarter, ALL in Section 34; Township 15 North, Range 16 East, W.M., EXCEPT the Right-of-way for State Highway 410; AND EXCEPT: Beginning 1130 feet East and 291 feet South of the Northwest corner of said Section 34; thence South 35°28' East 583.8 feet; thence North 54°32' East 285 feet: thence North 35°28' West 538.8 feet; thence South 54°32' West 285 feet to the point of beginning. Parcel C That portion of Section 35, Township 15 North, Range 16 East, W.M., described as follows: that portion of the Southeast quarter of the Northwest quarter of said Section 35 lying Northerly of the Selah Valley Canal and Southerly of the State Route 410 right-of-way; AND; that portion of the West Half of the Northwest quarter and the Northwest quarter of the Southwest quarter lying Northerly of the South bank of the Naches River EXCEPT that portion of said Southwest quarter of the Northwest quarter lying Southerly of State Route 410, Northerly of the Selah Valley Canal and Westerly of the following described line: Beginning at a point on the West line of said Northwest quarter at the Southerly right-of-way line of State Route 410; thence South 79°44' East 653.33; thence South 06°55' 12" West to the Selah Valley Canal and the end of said line, AND EXCEPT the State Route 410 right-of-way. Parcel D That portion of the Southwest quarter of the Northwest quarter of Section 35, Township 15 North, Range 16 East lying South of State Route 410, North of the Selah Valley Canal and West of the following described line- Beginning on the South right-of-way line of State Route 410 and the West line of said Northwest quarter; thence South 79°44' East 653.33 feet; thence South 06°55'12" West to the Selah Valley Canal and the end of said line. All situate in the County of Yakima, State of Washington. SELLER and WDFW, by executing this instrument, mutually covenant and agree on the following terms and conditions of this Option: 1. All rights of WDFW herein shall be forfeited, and both parties shall be relieved of any obligation or responsibility if WDFW shall fail to exercise this Option to purchase within Ninety (90) days of full execution of this instrument by both parties. This agreement, and the closing of this transaction, is specifically contingent upon Bonneville Power Administration delivering to the designated escrow agent the funds necessary for the City of Yakirna Option to Purchase Lands Page 1 of purchase price and associated closing costs of the acquisition of the Property by WDFW. 2. Upon election to purchase, WDFW shall notify SELLER in writing and prepare, or cause to be prepared, a Statutory Warranty Deed transferring title to the Property to WDFW, and submit same to the designated escrow agent of WDFW's selection. SELLER agrees to share the escrow fee on an equal basis with WDFW. 3. Upon request, SELLER will immediately execute said Deed and cause it to be delivered to the designated escrow agent. The recording fee will be paid by WDFW. 4. SELLER will acquire, and pay the cost of, a title insurance policy, said policy to insure title to the Property in the State of Washington, the Department of Fish and Wildlife, free and clear of all encumbrances and defects, except the following: a) Easements or right-of-ways for necessary canals, tunnels or other water conduits and for telephone and transmission lines required in connection with the Selah Valley Canal Company, as disclosed by instruments of record; and, b) Easement recorded under Auditor's File No. 3098099. c) Pendency of Yakima Superior Court Cause No. 77-2-01484-5; and, d) Unrecorded Oil and Gas Lease between the State of Washington and Encana Oil and Gas (USA) Inc., Lease No. 25480 000, Lease Name ST WA 63 075079, dated August 1, 2005, for a term of ten (10) years. 5 All taxes and assessments due, owing, or levied for the year in which title is transferred, if any, shall be prorated between SELLER and WDFW as of the date of transfer of title. SELLER will pay any excise tax due. 6. Upon recording of said Deed and confirmation by the title insurance company that the title insurance policy will be issued to WDFW subject only to the above stated exceptions, the transaction will close and SELLER's proceeds, less all charges and pro -rations payable by SELLER, shall be disbursed to SELLER. WDFW shall have possession of the Property upon closing. 7. SELLER will do or suffer no act to be done which will diminish the value of the Property during the life of this Option. and all necessary precautions will be taken to protect the Property from damage by fire, trespass or other cause 8. SELLER shall indemnify, defend and hold WDFW haiinless from, and against, any claim or demand made by any real estate broker, agent, or finder, claiming to have dealt or consulted with the parties in connection with the sale of the Property by SELLER to WDFW. If SELLER has entered into a contract with a real estate broker, or any other person, which makes this transaction subject to a commission or fee, said commission or fee shall be the sole responsibility of the SELLER and shall be discharged at closing from SELLER's proceeds. 9. SELLER hereby gives assurances that SELLER does not know of the release of any hazardous substances on the Property Furthermore, SELLER warrants that SELLER has not personally disposed of any hazardous substances on the Property. 10. In the event of a lawsuit involving this Option, jurisdiction and venue shall be proper only in the State of Washington. Thurston County Superior Court. 11 This instrument contains the entire agreement between the parties, and no statement, promise, representation, inducement or agreement made by WDFW or its agents or employees that are not contained in this instrument shall be valid, binding or enforceable. By signature below, the parties warrant that they have read and understood this instrument and agree to be bound by its terms THERE ARE NO VERBAL OTHER AGREEMENTS WHICH MODIFY OR AFFECT THIS OPTION. City of Yakima Option to Purchase Lands Page 2 of3 IN WITNESS WHEREOF, the parties herein have caused this instrument to be executed as below subscribed. THE CITY OF YAKIMA. a Municipal Corporation B Date: 1-'2- z 2 P - THE STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE By: Date: Jennifer Quan, Lands Division Manager STATE OF WASHINGTON ) )ss COUNTY OF I certify that I know or have satisfactory evidence that Da.„ --e is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he was authorized to execute the instrument and acknowledged it as the J 667 lite. ,Lof The City of Yakima, to be the free and voluntary act of such party for the uses and pu oses mentioned in the instrument. GIVEunder my hand and official deal tPleclay of -0.7 10--2008. Notary Public in and for the State ofC,J 7 residing at A,ic7-1 My appointment expires —1 1 j STATE OF WASHINGTON ) )ss County of Thurston ) I certify that I know or have satisfactory evidence that Jennifer Quan signed this instrument, on oath stated that she was authorized to execute the instrument as the Lands Division Manager of the Washington State Department of Fish and Wildlife and acknowledged it to be her free and voluntary act for the uses and purposed mentioned in the instrument. GIVEN under my hand and official seal this day of , 2008. Notary Public in and for the State of Washington; residing at Olympia My appointment expires City of Yakima Option to Purchase Lands Page 3 of 3 After Recording Return To: Washington Department of Fish and Wildlife Real Estate Services 600 Capitol Wa2, North Olympia, WA 98501-1091 Attn: Thom bvoodruff Document Title: Statutorti Warranty Deed Reference No. Of Related Document: Grantor: The City of Z akima Grantee: The State of Washington, the Department of Fish and Wildlife Legal Description: Ptn SW1/4 S. 27; Ptn S. 34; Pm S. 35, all T15N, R16E, W.M. Assessor Parcel Nos.: 161527-33001; 161534-12001; 161535-22001; & 161535-23001 County: Yakima S ATUTORY WARRANTY DEED .'he Grantor, THE CITY OF YAKIMA, a Municipal Corporation, for and in consideration of ONE MILLION THREE HUNDRED THOUSAND DOLLARS (S1,300,000.00), conveys and warrants to THE STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE, the real estate more fully described on the attached Exhibit A (the "Property") and situated in the County of Kittitas, State of Washington: TOGETHER WITH: Ail and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. And further, for the consideration aforesaid, the Grantor above named hereby conveys and quit claims unto The State of Washington, The Department of Fish and Wildlife, its successors and assigns, all right, title, and interest which Grantor may have in and to the banks, beds and waters of any streams, or any lands not adequately described, opposite or fronting upon the fee lands above described and in any alleys, roads, streets, ways, strips, gores, or railroad rights-of-way abutting or adjoining said land and in any means of ingress and egress appurtenant thereto. SUBJECT TO: Existing easements for public roads, public highways, public utilities, railroads and pipelines; reservations, exceptions and any other outstanding rights contained in or referred to in patents issued by The United States. ALSO SUBJECT TO: a) Easements or right-of-ways for necessary canals, tunnels or other water conduits and for telephone and transmission lines required in connection with the Selah Valley Canal Company, as disclosed by instruments of record; b) Easement recorded under Auditor's File No. 3098099; c) Pendency of Yakima Superior Court Cause NO. 77-2-01484-5; and, d) Unrecorded Oil and Gas Lease between the State of Washington and Encana Oil and Gas (USA) Inc., Lease No. 25480.000, Lease Name ST WA 63 075079, dated August 1, 2005, for a term of ten (10) years. Dated this day of , 2008. Page 1 of 3 The City of Yakima, a Municipal Corporation STATE OF WASHINGTON ) )ss COUNTY OF lll'e'r ) I certify that I know or have satisfactory evidence that DCC �tibQ�� is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that she/he was authorized to execute the instrument and acknowledged it as the 109-4-,;.-16 7 rilti/,e ei of The City of Yakima, to be the free and voluntary act of such party for the uses and i)urposes mentioned in the instrument. G/V N under my hand and offici sea. this Vic/( -day of 74(k-7,4, a, 2008. L(/ Notary Public in and for t residing at No- My appointment expires /( (/// /1 Paae 2 of EXHIBIT A Parcel A That portion of the Southwest quarter of Section 27, Township 15 North, Range 16 East, W M., described as follows: Beginning at the Southwest corner of said section, thence North1650 feet: thence Southeasterly 2335 feet, thence West 1650 feet to the point of beginning Parcel B The Southeast quarter of the Northeast quarter, the West Half of the Northeast quarter, the Southeast quarter of the Northwest Quarter, and the North Half of the Northwest quarter, ALL in Section 34, Township 15 North, Range 16 East, W.M., EXCEPT the Right-of-way for State Highway 410, AND EXCEPT- Beginning 1130 feet East and 291 feet South of the Northwest corner of said Section 34; thence South 35°28' East 583.8 feet, thence North 54°32' East 285 feet; thence North 35°28' West 538 8 feet; thence South 54°32' West 285 feet to the point of beginning. Parcel C That portion of Section 35, Township 15 North, Range 16 East, W.M., described as follows: that portion of the Southeast quarter of the Northwest quarter of said Section 35 lying Northerly of the Selah Valley Canal and Southerly of the State Route 410 right-of-way; AND, that portion of the West Half of the Northwest quarter and the Northwest quarter of the Southwest quarter lying Northerly of the South bank of the Naches River EXCEPT that portion of said Southwest quarter of the Northwest quarter lying Southerly of State Route 410, Northerly of the Selah Valley Canal and Westerly of the following described line• Beginning at a point on the West line of said Northwest quarter at the Southerly right-of-way line of State Route 410. thence South 79°44' East 653.33; thence South 06°55'12" West to the Selah Valley Canal and the end of said line, AND EXCEPT the State Route 410 right-of-way. Parcel D That portion of the Southwest quarter of the Northwest quarter of Section 35, Township 15 North, Range 16 East lying South of State Route 410, North of the Selah Valley Canal and West of the following described line - Beginning on the South right-of-way line of State Route 410 and the West line of said Northwest quarter; thence South 79°44' East 653.33 feet, thence South 06'55'12" West to the Selah Valley Canal and the end of said line All situate in the County of Yakima, State of Washington. Page 3of3 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting of: September 16, 2008 Public Hearing pursuant to RCW 39.33.020; and Consideration of a Resolution declaring the real property known as the Oak Flats property, 1100 State Route 410, to be surplus, and authorizing the City Manager of the City of Yakima to execute an option to purchase and/or a real estate purchase and sale, agreement and all supplementary documents to sell the Oak Flats property to the Washington Department of Fish and Wildlife for the amount of $1,300,000. SUBMITTED BY: Dave Zabel!, Assistant City Manager Dave Brown, Water/Irrigation Division Manager CONTACT PERSON/TELEPHONE: Dave Brown, 575-6204 SUMMARY EXPLANATION: A Public Hearing is scheduled to be held before the City Council for public comment on consideration of declaring the Water/Irrigation Division real property at Oak Flats, 1100 State Route 410 ("Oak Flats") to be surplus to the needs of the City, and on selling the Oak Flats roperty to the Washington Department of Fish and Wildlife for $1,300,000. RCW 39.33.020 quires that before disposing of surplus property with an estimated value of more than fifty thousand dollars, the City shall hold a public hearing. Oak. Flats is owned by the City of Yakima and is an asset of the Water Utility division. Funds from the sale will be deposited in the Water Capital Improvement Fund. Continued on Page 2 Resolution X Ordinance Other X (Specify) Public Hearing Contract Mail to, (name and address): Funding Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council: (1) To conduct a Public Hearing pursuant to RCW 39.33.020 to receive comment on declaring the Oak Flats property surplus and to consider the sale of Water/Irrigation Division property at Oak Flats; and (2) To consider adopting a Resolution declaring the Oak Flats property as surplus City -owned property and authorizing the City Manager to execute the appropriate sale transaction documents to sell the property to the Washington Department of Fish and Wildlife. •OARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Continued The subject property consists of approximately 289.22 acres in four parcels: No. 161527-33001, No. 161534-12001, No. 161535-22001 and No. 161535-23001, and is located in portions of Sections 27, 34 and 35 of Township 15 North, Range 16 East of the Willamette Meridian, Yakima County, Washington, which is on State Route 410 beginning approximately one-half mile west of the U.S. 12 Junction and extends over 1.25 miles through the northerly part of the subject property. The subject property and associated facilities served as the primary source of the City's domestic water production for decades. Over the years, the treatment and transmission facilities became obsolete and were replaced at another site in 1976, at which point the Oak Flats property ceased to be used as a source of water supply. Infrastructure at the property has since been removed or is no longer of use; the water rights associated with this property have been transferred to the water plant at 6390 US Highway 12; and the 24 inch water transmission main from Oak Flats to the City is no longer intact. As such, the property at Oak Flats is surplus to the needs of the City. An appraisal of the property at Oak Flats was commissioned by the Bonneville Power Administration (BPA) and conducted by Western Appraisals with review by Iris Crisman, BPA Staff Appraiser. The City commissioned Steve Korn, Korn's Appraisal Service to conduct an independent review of the two appraisals. Mr Korn is very familiar with values within the vicinity of the Oak Flats property, and his opinion of value confirms the conclusions reached by the Crisman review. Washington Department of Fish and Wildlife applied for and received a grant from the BPA to purchase the property at Oak Flats. The Washington Department of Fish and Wildlife desires to purchase the Oak Flats property as part of its Oak Creek Wildlife Area and to provide public recreational activities, such as fishing. RCW 39.33.010 provides authority for the City to sell real property to the State on such terms and conditions as may be mutually agreed upon. This transaction offers a rare opportunity to enhance fish and wildlife habitat and public access to a unique property on the Naches River. Once transferred, the Washington Department of Fish and Wildlife will own and manage the property, providing an additional recreational opportunity for area residents. In addition, the City of Yakima will be provided fair market value for the property, liquidating an unneeded asset and putting the funds toward future capital improvements to the water utility. • • TITLE REPORT '4 ✓J-'`T^W1flev'21{ru�iiJ: 41iSiL 4T��'S :rrs,�T.E�r��.3�L✓L���.+°�i. S t�(.am. w.. ;!� "WfiAVrLSeicl as 1 10 ARtS13sa►a^(kagaCkitiavi ''-� - r ` W6as'd'sv-�;^zIs;T\-iC•lD✓fk'^�aJifz�yr%�l, a; t1 - {Jt R^l1fF� n • X2Si/!i1 -`� �: 9ac.•_Z. rf'JT at [_ sT f �a -4_ :�l _..• .;c3tsvrt,1 1L��t-r ir i 1.V`tiThi.lv5iii?�, ?�t"±04 V. T T * 91,* OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota cerpnration, herein called the Company, * for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the proposed Insured named in Schedule A. as owner or mortgagee of the estate or * A( * * interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be -effective only when the identity of the 'proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement - This Commitment is preliminary to the issuance of such policy or policies of tide insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of 'the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledgeof any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the. Company in writing, the Company shall be relieved from liability for any loss nr damage resulting front any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shag disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment.shall not relieve the Company from liability previously incurred pursuant to. paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or -create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the • Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. • . • ' IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name ' and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. Authorized Signatory ORT form 2526 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY • A Stock Company 900 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 :.,,,,:, errr, r7 4/,t 41 ✓ r y C Lt 'rn:• 0` .n II .,.. By Attest President Secretary • • PAACIFIC ALLIANCE TITLE 311 North 4th Street Suite 102 Yakima, WA 98901 Phone: 509-225-6809 Fax 509-248-8924 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 5, 2007 at 8:00 a.m. 2. Policy or Policies to be issued: A. H ALTA Owner's Policy H Standard Cl Extended Proposed Insured: WASHINGTON DEPT. OF FISH AND WILDLIFE 0 B. 0 ALTA Loan Policy 0 Standard 0 Extended Proposed Insured: Order No.: 01014100 Customer Ref: Title Officer. ELIZABETH MORGAN Escrow Officer. SUE STEIN Amount $ 650,000.00 Premium $ 1,615.00 Tax: $ 132.43 Total: $ 1,747.43 Rate: Amount: $ Premium: $ Tax: $ Total: $ Rate: 3. The estate or interest in the land described or referred to in this commitment and covered herein is: A Fee 4. Title to said estate or interest in said land is at the effective date hereof vested in: THE CITY OF YAKIMA, a Municipal Corporation 5. The land referred to in this commitment is located in the County of Yakima, State of Washington and is described as follows: SEE SCHEDULE C ATTACHED Old Republic National Title Insurance Company By • ALTA Commitment for Title insurance Schedule A Continued Pacific Alliance Title, LLC Valid only if Schedule B and Cover are attached Order No.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B I. REQUIREMENTS: the following are the requirements to be complied with: A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. B. Documents satisfactory to the Company creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. C. NOTE: Effective January 1, 1997, and pursuant to Amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the County Auditor. FORMAT: Margins to be 3" on top, 1" on sides and bottom for first page of document; Margins to be 1" on top, sides and bottom of' any subsequent pages; Font size of 8 point or larger; Paper size of no larger than 8 1/2 X 14" No attachments on pages such as stapled or taped Notary Seals; Pressure seals must be smudged. End of Requirements ALTA Commitment for Title Insurance Schedule B Continued •derNo.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B CONTINUED II. General Exceptions: Schedule B of the Policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the public records: B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not these matters (i), (ii), & (iii) are shown in the public records, Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes; zoning ordinances and building regulations by any city, county or planning commis on. • C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easements or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. (4) Any lien, or light to a lien, for service, labor, material or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity, other utilities, or garbage collection or disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. III. SPECIAL EXCEPTIONS: SPECIAL EXCEPTIONS FOLLOW 1. Please note that the forthcoming transaction will not be subject to Excise Tax. The property is in Levy Code 320 and would be subject to an Excise rate of 1.53 % if the Seller were not a Governmental Agency or other exempt entity, 2. General Taxes for the year 2007, reflecting an exemption as allowed under Chapter 84.36.010, RCW. Parcel A :161527-33001 Parcel B :161534-12001 Parcel C :161535-22001 Parcel D :161535-23001 3 Easement or right-of-way for necessary canals, tunnels or other water conduits and for telephone and transmission lines required in connection with the Selah Valley Canal Company, as disclosed by instruments of record. 4. Easement, including the terms, covenants and provisions thereof, affecting a portion of said premises, for the purposes hereinafter stated, as granted by instrument, Recorded :June 22, 1995 Auditor's File No. :3098099 In favor of :United States of America, Department of Energy, Bonneville Power Administration, et al For :Fish Passage and Protective Facilities Screen Site Facilities and Access Road • ALTA Commitment for Title Insurance Schedule B Continued Order No.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FOR FEILE INSURANCE SCHEDULE B CONTINUED 5. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington, Department of Ecology, Plaintiff vs. (numerous named defendants), notice of which is given by Lis Pendens recorded under Yaldma County Auditor's File No. 2479271, being an action for the determination of the rights to divert, withdraw or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of chapters 90.03 and 90.44 Revised Code of Washington. (Attorney for Plaintiff: Charles B. Rose, Jr. Senior Assistant Attorney. General) • NOTE: The above pending action will be shown on Schedule B, Part II, of the ALTA Mortgage Policy, when issued, which schedule reflects matters of record which are subordinate to the lien of the insured Mortgage. End of Special Exceptions NOTES: 1. A cancellation fee will be charged in accordance with our filed rate schedule. Upon cancellation, please contact this Company for determination of the exact cancellation fee relative to this transaction. 2. The abbreviated legal description for the property herein described is: PTN SW 1/4 S. 27, T. 15 N., R. 16, EWM, PTN S. 34, T. 15 N., R. 16, EWM, PTN S. 35, T. 15 N., R. 16, EWM 3. According to information provided to this company, the property address is: NKA STATE ROUTE 410, YAKIMA COUNTY, WA. End of Schedule B This commitment is not an abstract, examination, report, or representation of fact or title and does not create and shall not be the basis of any claim for negligence, negligent misrepresentation or other tort claim or action. The sole liability of company and its title insurance agent shall arise under and be governed by the conditions of the commitment. Commitment prepared for: EMAIL hendrlh(7n,dfw.wa.gov Washington Department of Fish and Wildlife Attn: Leah Hendrix 4cc: Pacific Alliance Title, LLC 311 N. 4th Street, Suite 102 Yakima, WA 98901 Attn: Sue /Judy ALTA Commitment for Title Insurance Schedule B •rderNo.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMP MENT FOR TITLE INSURANCE SCHEDULE C The land referred to in this commitment is located in the County of Yakima, State of Washington and is described as follows: Parcel A That portion of the Southwest quarter of Section 27, Township 15 North, Range 16 East, W. M., described as follows: Beginning at the Southwest corner of saidsection; thence North 1650 feet; thence Southeasterly 2335 feet; thence West 1650 feet to the point of beginning. Parcel B The Southeast quarter of the Northeast quarter, the West Half of the Northeast quarter, the Southeast quarter of the Northwest quarter, and the North Half of the Northwest quarter, ALL in Section 34, Township 15 North, Range 16 East, W. M., EXCEPT the Right -of -way for State Highway 410; AND EXCEPT: Beginning 1130 feet East and 291 feet South of the Northwest corner of said Section 34; thence South 35°28' East 583.8 feet; thence North 54°32' East 285 feet; thence North 35°28' West 538.8 feet; thence South 54° 32' West 285 feet to the point of beginning. Parcel C That portion of Section 35, Township 15 North, Range 16 East, W. M., described as follows: thatportion of the Southeast quarter of the Northwest quarter of said Section 35 lying Northerly of the Selah Valley Canal and Southerly of the State Route 410 right-of- way; AND; that portion of the West Half of the Northwest quarter and the Northwest quarter of the Southwest quarter lying Northerly of the South bank of the Naches River EXCEP—T that portion of said Southwest quarter of the Northwest quarter lying Southerly of State Route 410, Northerly of the Selah Valley Canal and Westerly of the following described line: Beginning South 79°44' East 653.33 feet on the Southerly State Route 410 right-of- way; thence South 06° 55'12" West to the Selah Valley Canal and the end of said line, AND EXCEPT the State Route 410 right-of-way. Parcel D That portion of the Southwest quarter of the Northwest quarter of Section 35, Township 15 North, Range 16 East lying South of State Route 410, North of the Selah Valley Canal and West of the following described line: Beginning on the South right-of-way line of State Route 410 and the West line of said Northwest quarter; thence South 79°44' East 653.33 feet; thence South 06° 55' 12" West to the Selah Valley Canal and the end of said line. All situate in the County of Yakima, State of Washington. ALTA Commitment for Title Insurance Schedule C WA ST 39.33.020 Page 1 of 1 West's RCWA 39.33.020 West's Revised Code of Washington Annotated Currentness Title 39. Public Contracts and Indebtedness (Refs & Annos) RO Chapter 39.33. Intergovernmental Disposition of Property *39.33.020. Disposal of surplus property--Hearing--Notice Before disposing of surplus property with an estimated value of more than fifty thousand dollars, the state or a political subdivision shall hold a public hearing in the county where the property or the greatest portion thereof is located. At least ten days but not more than twenty-five days prior to the hearing, there shall be published a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing at least once in a newspaper of general circulation in the area where the property is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the property is located. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public. If the surplus is real property, the public notice and news release shall also describe the proposed use of the lands involved. If there is a failure to substantially comply with the procedures set forth in this section, then the sale, transfer, exchange, lease, or other disposal shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the disposal agreement. CREDIT(S) [1995 c 123 § 1; 1981 c 96 § 2.] West's RCWA 39.33.020, WA ST 3933.020 Current with 2008 Legislation effective through September 30, 2008 © 2008 Thomson Reuters/West. END OF DOCUMENT Adobe Reader is required to view PDF images. (C) 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/result/documenttext.aspx?vr=2.0&rp=%2fWelcome%2f Washingt... 9/9/2008 • Printed on Friday, September 5, 2008 as a 2x4 display ad in the Home Front section of the Yakirna Herald -Republic YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING SALE OF CITY -OWNED PROPERTY OAK FLATS, 1100 STATE ROUTE 410 The Yakima City Council will conduct a public hearing at 7:00 p.m. on September .16, 2008, at Yakima City Hall Council Chambers, 129 N. 2`d Street, to consider public comment on the declaration of City -owned property, an asset of the Water Utility division, located at Oak Flats, 1100 State Route 410, as surplus property, and on the proposed sale to the Washington Department 'of Fish and Wildlife. The subject property consists of approximately 289.22 acres in four parcels beginning approximately one- half mile west of the U.S. 12 junction and extends over 1.25 miles through the northerly part of the subject property. The Washington Department of Fish and Wildlife proposes to use the land involved as part of its Oak Creek Wildlife Area and to provide public recreational activities, such as 'fishing. The selling price of the land is $1,300,000. City of Yakima Water/Irrigation Division Working Together Toward Excellence. in Service and Quality News Bele ,se Subject: Public Hearing Contact: Dave Brown, Water/Irrigation Manager — 575-6154 Release Date: Wednesday, September 03, 2008 NOTICE OF PUBLIC HEARING - SALE OF CITY -OWNED PROPERTY YAKIMA, WASHINGTON — The Yakima City Council will conduct a public hearing at 7:00 p.m. on September 16, 2008, at Yakima City Hall Council Chambers, 129 N. 2nd Street, to consider public comment on the declaration of City -owned property, an asset of the Water Utility division, located at Oak Flats, 1100 State Route 410, as surplus property, and on the proposed sale of the property to the Washington Department of Fish and Wildlife. The subject property consists of approximately 289.22 acres in four parcels beginning approximately one-half mile west of the U.S. 12 Junction and extends over 1.25 miles through the northerly part of the subject property. The Washington Department of Fish and Wildlife proposes to use the land involved as part of its Oak Creek Wildlife Area and to provide public recreational activities, such as fishing. The selling price of the land is $1,300,000 Any citizen wishing to comment on this subject is welcome to attend the public hearing or contact the City Council in the following manner. 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2"d Street, Yakima, WA. 98901'; or, 2) E-mail your comments to council.ci.yakima.wa.us. Include in the e-mail,subject line, "Oak Flats property sale." Please also include your name and mailing address. - end — LEGAL AD PRINTED IN YAKIMA HERALD -REPUBLIC ON SEPTEMBER 5, 2008 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING SALE OF CITY -OWNED PROPERTY OAK FLATS, 1100 STATE ROUTE 410 The Yakima City Council will conduct a public hearing at 7:00 p.m. on September 16, 2008, at Yakima City Hall Council Chambers, 129 N. 2"d Street, to consider public comment on the declaration of City -owned property, an asset of the Water Utility division, located at Oak Flats, 1100 State Route 410, as surplus property and on the proposed sale to the Washington Department of Fish and Wildlife. The subject property consists of approximately 289.22 acres in four parcels: No. 161527-33001; No. 161534-12001; No. 161535-22001 and No. 161535-23001, and is located in portions of Sections 27, 34 and 35 of Township 15 North, Range 16 East of the Willamette Meridian, Yakima County, Washington, which is on State Route 410 beginning approximately one-half mile west of the U.S. 12 junction and extends over 1.25 miles through the northerly part of the subject property. The Washington Department of Fish and Wildlife proposes to use the land involved as part of their Oak Creek Wildlife Area and to provide public recreational activities, such as fishing. The selling price of the land is $1,300,000. Any citizen wishing to comment on this subject is welcome to attend the public hearing or contact the City Council in the following manner. 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2"d Street, Yakima, Wa. 98901'; or, 2) E-mail your comments to ccouncil@ci.yakima.wa.us. Include in the e-mail subject line, "Oak Flats property sale." Please also include your name and mailing address. Please contact Dave Brown, Water/Irrigation Manager at 575-6204. if you have questions. Dated this 3rd day of September, 2008. Deborah Moore City Clerk rf,',7/1" Chlorination Buildiri. Wali Flats.Intake'Striictur Infiltration. Ponds::. 416153527001] Selah/Naches Diversion Naches River at Intake - • Concrete,Dam;and;$tructures 500 500 1000 FM MAY, 2005 CITY OF YAKIMA OAK FLATS PROPERTY AND FACILITIES CITY OF YAKIMA PROPERTY TOTAL ACRAGE - 289.22