HomeMy WebLinkAboutCongdon Orchards, Inc. - Nob Hill Blvd. Right-of-Way ReconveyanceAGREEMENT REGARDING DEDICATION OF ADDITIONAL RIGHT -OF -WAY;
RE CONE YANCE IF NOT COMPLETED WITHIN FIVE (5) YEARS
Effective Date: February 1 A__, 2010
Parties: (1) Congdon Orchards, Inc., a Delaware corporation;
Congdon Development Company, LLC, a Washington
limited liability company and Westhome, LLC, a
Washington limited liability company (collectively
"Congdon" herein).
(2) The City of Yakima, a Washington municipality,
( "Yakima" herein).
WHEREAS, the parties hereto (and in the case of Congdon Development Company, LLC
and Westhome, LLC, their predecessor in interest, Congdon Orchards, Inc.) entered into a
Development Agreement, dated November 20, 2001, recorded March 8, 2002, tinder Yakima
County Auditor's File No. 7261412, re- recorded April 3, 2002, under Auditor's File No.
7265640, in which Congdon agreed to dedicate reasonable and necessary rights -of -way to
Yakima for improvements along Nob Hill Blvd. from 50"' Avenue to approximately 72nd Avenue
in consideration of funded commitments obtained by Yakima for improvements to Nob Hill
Blvd. described therein, it being the goal and objective of Yakima to complete said
improvements by November 20, 2005; and
WHEREAS, following the completion of litigation commenced by an unrelated third -
party regarding the aforesaid Development Agreement, as the result of Opinion of the Court of
Appeals of the State of Washington, Division III, on December 21, 2006 in Neighbors for
Responsible Development vs. City of' Yakitna, et al, Court of Appeals Cause No. 24857 -7 -III,
Congdon executed a Quitclaim Deed in favor of Yakima, dated January 11, 2007 for the
conveyance of right -of -way along Nob Hill Blvd. from 50`x' Avenue to approximately 72nd
Avenue, Yakima having executed the Real Estate Excise Tax Affidavit of said Quitclaim Deed
on October 5, 2007 and said Quitclaim Deed having been recorded November 1, 2007, under
Auditor's File No. 7587748; and
WHEREAS, Yakima has since indicated, as the result of engineered drawings completed
in July and August 2009, that approximately 67,966 square feet of additional right -of -way is
needed from Congdon for Nob Hill Blvd. between 50"' Avenue and 64`x' Avenue due to
topographical and storm retention issues in connection with construction of road improvements;
and
WHEREAS, Yakima represents that it needs this right -of -way conveyed by recorded
instrument not later than February 11, 2010, in order to potentially qualify for government funds
for this project; and
WHEREAS, the aforesaid Development Agreement does not require dedication of right -
of -way until "funded commitments [are] obtained by the City" and if the commitments and
Agreement Regarding Dedication ... - I -
improvements required under the Development Agreement are not obtained and completed
within five (5) years of this Agreement, Congdon therefore requires that the additional right -of-
way dedicated contemporaneously herewith be reconveyed back to Congdon;
NOW, THEREFORE, in consideration of the mutual agreements hereinafter set forth, the
parties do hereby covenant and agree as follows:
l: The parties agree that the contemporaneous dedication of additional right -of -way
from Congdon to Yakima evidenced by that certain Quitclaim Deed dated February i 1 , 2010,
is given with the express understanding, and Congdon specifically stipulates, that in the event the
property described therein, or any part thereof, does not have funded improvements completed as
described in Article VIII, Section A of the Development Agreement described above, within five
(5) years of the date of this Agreement, then the described property or that portion which
remains uncompleted, shall revert to Congdon; together with Congdon's right of immediate
possession of such property, and Yakima shall execute such documents in recordable form where
necessary, to reconvey such property to Congdon.
2. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors, assigns, and legal representatives.
3. By signing below, the signatories to this Agreement attest that they are the
authorized representative of each party with authority to bind the respective parties to this
Agreement.
City of Yakima, Washington Condon OrThds, Inc.
/ k/
By: - By: Gene R. ( "Dick ") Woodin, Jr.
Its: Its: General Manager
ATTEST:
By:
Its:
Contract No. 2010 -21
g \ha co Inictcd \mrs \congdon development co- 18353 \w.nob hill blvd \agr ded.addll rw.doc
2/8/2010 11:35 ambw
A- Feemew Regarding Dedication ... - 2 -
Congdon Development Company, LLC, by
C gdon Orch rds, Inc. Ma ger
By: Gene R. ( "Dick ") Woodin, Jr.
Its: General Manager
Westhome, LLC, by Congdon Orchards,
Inc. Manager
ffh-VA - -
By: Gene R. ( "Dick ") Woodin, Jr.
Its: General Manager
Re: That contract
Watkins, Linda
From: Mayo, Doug
Sent: Wednesday, February 17, 2010 4:31 PM
To: Watkins, Linda
Subject: Re: That contract
No recording
We have the right of way, this takes it back if we do not use it within 5 years.
From: "Watkins, Linda" <Iwatkins @ci.yakima.wa.us>
Date: Wed, 17 Feb 2010 16:28:30 -0800
To: "Mayo, Doug" <dmayo @ci.yakima.wa.us>
Conversation: That contract
Subject: That contract
Page 1 of 1
Are you recording it? Is there something else being recorded with regard to this? It says in the contract that "...
Yakima represents that it needs this right -of -way conveyed by recorded instrument not later than February 11, 2010
in order to potentially qualify for government funds for this project; and.."
Linda Watkins
Deputy City Clerk
576 -6654
2/17/2010