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01/17/2012 04H Donation of Property at 13th Street and East Chestnut Avenue from Sun Yakima LLC for Park Purposes f; z - � i ) ) i ■ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1/ H Item No. For Meeting of January 17, 2012 .''4. "'"° .., ..4v°.`"• _. ,.��Av �J�r. h: :°:! .0 ,`F+� ,f,r^. .;d?`J.m, .s ....1. "� , ITEM TITLE: Resolution authorizing the acceptance of a land donation for park purposes and conveyance by deed of property located at 13th Street and East Chestnut Avenue from Sun Yakima, LLC SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT Ken Wilkinson, Parks and Recreation Manager, 575 -6020 PERSON /TELEPHONE: SUMMARY EXPLANATION: Staff requests City Council approval of the attached resolution authorizing acceptance of land donation for park purposes of property located at 13th Street and East Chestnut Avenue, from Sun Yakima, LLC, to the City of Yakima, pending environmental review One condition included in this donation, however, is that the title would revert back to Sun Yakima, LLC, in the event that one day the City decides not to use this property for public park purposes or to sell the property and then not use the sale proceeds for the benefit of Kiwanis Park. Sun Yakima, LLC is a legal consortium of the Rotary, Kiwanis, and Lion's service club trust. Resolution X Ordinance Other (specify) Deed of Trust Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution accepting donation and conveyance by deed from Sun Yakima, LLC of title to land for public park purposes, and authorizing the City Manager to execute all documents necessary or appropriate to accomplish such acceptance and conveyance. BOARD /COMMISSION RECOMMENDATION: The Parks and Recreation Commission considered this matter at its November 9, 2011 meeting and endorses this request. ATTACHMENTS: Click to download ❑ resolution acceptance of land donation Sun Yakima ❑ Memorandum Tax Affidavit ❑ Quit Claim Deed ❑ Aerial Photo RESOLUTION NO. R -2012- A RESOLUTION accepting donation and conveyance by deed from Sun Yakima, LLC of title to land for public park purposes, and authorizing the City Manager to execute all documents necessary or appropriate to accomplish such acceptance and conveyance. WHEREAS, Sun Yakima, LLC, a limited liability corporation, has delivered a Quit Claim Deed to the City of Yakima ( "City "), which deed conveys to the City title to a parcel of property for public park purposes, with a reversion to the grantor in the event the City should determine in the future not to use the property for public park purposes or uses the proceeds or commits to use the proceeds from the sale for the betterment of Kiwanis Park; and WHEREAS, the City desires to receive the donation of property for public park purposes, and finds that acceptance of such donation will promote the general health, safety and welfare; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The Quit Claim Deed from Sun Yakima, LLC, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby accepted; and 2. The City Manager is hereby authorized to execute all documents necessary or appropriate to accomplish the acceptance of such donation and conveyance of property authorized in Section 1 above. ADOPTED BY THE CITY COUNCIL this 17 day of January, 2012. ATTEST Micah Cawley, Mayor City Clerk Department of Revenue ler Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 -61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) [1 Check box if partial sale of property If multiple owners, list percentage of ownership next to name. Name SUN YAKIMA, LLC EN Name CITY OF YAKIMA Medal Address Address PO Box 464 Mailing Address 2301 Frultvale Blvd. N m City/State /Zip Yakima. WA 98907 a7 City/State/Zip Yakima, WA 98902 Phone No. (including area code) Phone No. (including area code) mi List all real and personal property tax parcel accotmt List assessed value Send all property tax correspondence to: 0 value(s) as Buyer /Grantee numbers —check box if personnel property ( ) Name 191320 -22032 Mailing Address n City/State /Zip n Phone No. (including area code) n 0 Street address of property• South 13th Street / East Chestnut Avenue, Yakima, WA This property is located in Yakima City ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See attached EXHIBIT A ® Select Land Use Code(s): III List all personal property (tangible and intangible) included in selling J 91 - Undeveloped land (lend only) I price. enter any additional codes: Personal property not included (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ ❑i 84.36 RCW (nonprofit organization)? YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest laud per chapter 84.33 RCW? ❑ ❑� Is this property classified ascunentuse (open space, farm and ❑ ❑✓ WAC No. (Section/Subsection) 458 -61A- 205(4) agricultural, or timber) land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ Transfer for public purposes per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICEOFCONIINUANCE (FORESFLANDORCURRENTUSE) Type of Document Quit Claim Deed NEW OWNER(S): To continue the current designation as forest land or /AV, classification as current use (open space, farm and agriculture, or timber) land, Date of Document you must sign on (3) below The county assessor must then determine if the Gross Selling Price $ 0.00 land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or *Personal Property (deduct) $ 0.00 classification, it will be removed and the compensating or additional taxes will Exemption Claimed (deduct) $ be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact Taxable Selling Price $ 0.00 your local county assessor for more information. Excise Tax : State $ 0.00 This land El does ❑ does not qualify for continuance. 0.0050 I Local S 0.00 *Delinquent Interest: State S DEPUTY ASSESSOR DATE Local $ (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S): To continue special valuation as historic property, sign (3) below If the new owner(s) does not wish to continue, all Subtotal $ 0.00 additional tax calculated pursuant to chapter 84.26 RCW, shall be due and *Stale Technology Fee a 5.00 payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE *Affidavit Processing Fee $ 5 Total Due $ 10.00 PRINT NAME A MINIMUM OF 510.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS ® I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent • Grantee or Grantee's Agent • Name (print) Grog Luring Name (print) Chris Waavdck Date & city of signing: Januatmv — . 2012 In Yakima. WA Date & city of signing: January , 2012 in Yakima, WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term allot more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 000 1ae (11 /30/11) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER WHEN RECORDED RETURN TO City of Yakima Attn: Chris Waarvick 2301 Fruitvale Blvd. Yakima, WA 98902 QUIT CLAIM DEED The Grantor, SUN YAKIMA, LLC, a Washington limited liability company, for and in consideration of DONATION OF LAND FOR PUBLIC PARK PURPOSES, conveys and quit claims to the CITY OF YAKIMA, a Washington municipal corporation, the following described real estate, situated in the County of Yakima, State of Washington: That part of the South of the Northwest's of the Northwest 1 1 of Section 20, Township 13 North, Range 19, E.W.M., described as follows: Beginning at a point 609.6 feet East and 514 feet South of the Northwest corner of the above described subdivision; thence East 180 feet; thence South and parallel with the East line of said subdivision 149 feet, more or less, to the South line of said subdivision; thence West on said South line, 180 feet; thence North and parallel with the East line of said subdivision, a distance of 149 feet, more or less, to the point of beginning; EXCEPT the West 2.5 feet for road; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deed recorded August 25, 1959, under Auditor's File Number 1788423; AND EXCEPT that portion conveyed to City of Yakima under Auditor's File Number 3094826. Situated in Yakima County, State of Washington. (Assessor's Parcel No. 191320 - 22032) Levy Code 331 1 Subject to the condition that if Grantee should determine not to use the property for public park purposes and to sell the property, then title shall revert to Grantor unless Grantee uses or commits to use the sale proceeds for the benefit of Kiwanis Park. Dated January , 2012 SUN YAKIMA, LLC, a Washington limited liability company Y Greg Luring, pager STATE OF WASHINGTON SS COUNTY OF YAKIMA On this 740 day of January, 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GREG LURING, to me known to be the manager of SUN YAKIMA, LLC, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. o woull oo .�` NSdM � 0��' � f-A16/7 *. /4-dt'A Slab'1flnRola0 ; N- Notary Public in and for the State SBJ1dX311JWDO ; of Washington, residing at Yakima. My appointment expires: 10/01/2013 • °. 4 6vIO . 2 e City of Yakima - ...•ernet GIS Tools �.vnve .......a.. 19132022032 E:.,:■r ,. ,_. .. Sam Addr S 13TH ST /E CHESTNUT AVE ', - I i l MA' .... ■ • ` � Name: SUN YAKIMA LLC t • �� Zoning GC In Floodplam? N - • !;• • Future Land Use: AC 4 i /AV i. ; - yp i • CensuslD 000200 Well ID •\ .. 11 \.'" ,, %Moe .;. ' a .. Value $68.400 TCA: 331 q�� r { Sze 22804 Square Feet \ % \ •\ , �: - J. \ t\ - y i fie- a .. ��• • r r (,il z il •• l,! H i7 .i41.140.... .. • 7ilijk..1 ir if �' •,< _,i O.b2Acres e r -i 4, ' � u i '7r ± j N ill ik ;11 s .. � , � i l to ai: t i • A 1 r t I o: i! ° 1:4 :i : I ■ .d 'fit' ., -- _ • v a,,,B - • Ai - a, :a' +l- 660 Feet . '?" • ' - 44,4110 0 k4 .' '-4- .i.. .! L ._ -• - ._ . ..-. . - • , -- 04: ,. 1 ... . ii 1 - . ' I \ . t . L - - _. -• t- • .011 . . 1.....isrf, -1 191 "1"..." 4f. I li • . 7 • 4 . ' 1 `/`. on. ,• i i _ C Copynght 2009 City of Yakima. Washington. All nghts reserved. Map oiwbImer Information shown on MP man M for Mannino and femoral„ purposes only me ON of Yakima a.aumre no naemy for any ono, ormeMno. Created: Wednesday, Nov. 2, 2011 at 1143 AM or inaaorarasn me inform*. provide, ,, for any .w m aches, Msen o.am,ot MOM ny m. UMW reiMor main M mm„ 0 ,n ur env amn edn. -,o,