HomeMy WebLinkAboutR-2009-083 3rd and Walnut Streets Property PurchaseRESOLUTION NO. R-2009-83
A RESOLUTION authorizing and directing the City Manager to execute an option with the owners
of the property at 3rd Street and Walnut Street (Assessor's Parcel No. 191319-
24459) to purchase the property and to formalize and execute a Prospective
Purchasers Agreement ("PPA") with the Washington State Department of Ecology
prior to the City exercising the purchase option.
WHEREAS, the City of Yakima has evaluated the acquisition of the property located at 3rd
Street and Walnut Street (Assessors Parcel No. 191319-24459); and
WHEREAS, an option to purchase the property provides the City with the opportunity to
consider potential issues related to acquisition that have come to light from a prior Phase I
environmental analysis; and
WHEREAS, due diligence requires more advanced environmental analysis encompassing
inspections, surveys and environmental assessments, including but not limited to excavation and
drilling for purposes of groundwater sampling, testing and monitoring and for purposes relating to
working with the Washington State Department of Ecology to formalize and complete a "Prospective
Purchasers Agreement" ("PPA") concerning the subject property, which PPA shall be entered and
executed prior to the City's exercise of the purchase option; and
WHEREAS, the City has conferred with the representative of the owners of the property on
several occasions and discussed the prospect of an option to purchase the property, the necessary
environmental analysis and the PPA required by the Department of Ecology, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute an option
to purchase the subject property at 3rd Street and Walnut; prior to exercising the purchase option, to
meet the City's due diligence responsibilities, the City Manager is further authorized and directed to
execute a PPA with the Department of Ecology in compliance with Washington law in order to provide
for the necessary environmental analysis of the subject property. Subject to the satisfactory
completion of all conditions of said option, the City Manager is authorized to take all necessary action
to acquire the subject property under the conditions set forth in the option.
ADOPTED BY THE CITY COUNCIL this 2nd day of J— 2009.
ATTEST:
City Clerk
avid Edler i ayor
After recording, return to.
Russell H Gilbert
Lyon, Weigand & Gustafson PS
PO Box 1689
Yakima, WA 98907-1689
OPTION TO PURCHASE
11* 117110111113 III III II 4III
FILE# 7663194
YAKIMA COUNTY, WA
08/06/2009 02:49:11PM
MISCELLANEOUS
PAGES: 4
LYON LAU OFFICE
Recording Fee: 65.00
1
GRANTORS: Margaret L. Keuler
GRANTEE: City of Yakima, a municipal corporation
LEGAL DESCRIPTION (abbreviated): Lots 13-16, Block 73, recorded in Volume "A" of
Plats, Page 10 and re-recorded in Volume "E" of Plats, Page 1.
ASSESSOR'S PARCEL NO. 191319-24459.
For and in consideration of the sum of ONE THOUSAND AND 00/100 DOLLARS
($1,000.00), receipt of which is hereby acknowledged, MARGARET KEULER, who agrees
and acknowledges that for purposes of providing notice as hereinafter specified her address
is 801 N.W. 175th, Seattle, WA 98177, hereinafter referred to as "Grantor", hereby grants to
the CITY OF YAKIMA, a Washington municipal corporation, hereinafter referred to as "the
City," the exclusive right and privilege from this date until September 30, 2009, to purchase
the following real property, situated in Yakima County, Washington, and which is legally
described as follows:
Lots 13, 14, 15 and 16, Block 73, Town of North Yakima, now Yakima,
Washington, as recorded in Volume "A" of Plats, Page 10 and re-recorded in
Volume "E" of Plats, Page 1, records of Yakima County, Washington.
Assessor's Parcel No. 191319-24459.
At any time during the term of this Option to Purchase, but no later than twenty (20)
days prior to the expiration of this Option to Purchase, the City shall provide notice of its intent
to purchase the property. Said Notice shall be given by certified mail, return receipt
requested, postage prepaid, addressed to Grantor at her address appearing above, subject
to the right of Grantor to designate by notice in writing to the City a different address to which
OPTION TO PURCHASE - 1
1
u
11
said Notice shall be sent. Alternatively, notices may be personally served upon Grantor in
the same manner as is required for original service of Superior Court summons and
complaint by the laws of the State of Washington. Such service to be complete at the time of
delivery or mailing.
At such time as the City provides notice of its intent to exercise this Option to
Purchase, the terms of the sale shall be:
The total purchase price shall be cash only in the amount of three hundred and forty
thousand dollars ($340,000.00), with a credit towards the purchase price for the $1,000.00
consideration above received, and closing on the property shall take place within forty-five (45)
days after the City notifies Grantor of its intent to exercise this Option, unless the Parties
shall agree in writing otherwise. In the event that the property sale does not close due to
circumstances beyond the City's control, then Grantor shall refund to the City the amount
received as Option consideration.
Within five (5) days after the City's notification to Grantor of its intent to exercise this
Option, Grantor shall, at her own expense, deliver to the City a currently extended abstract of
title to the subject property and the City shall have ten (10) days from date of receipt with
which to examine it. If the title to the premises is found defective, Grantor shall, within five (5)
days (or such additional time as may be reasonable under the circumstances) after receipt of
written notice from the City specifying the defects in the title, perfect the title at her own
expense, and the closing of this purchase shall be deferred until title has been perfected.
The City shall have the option of waiving or curing any defects, but reserves the right to
specific performance.
All taxes and assessments on the subject premises due and owing for prior years
shall be paid by Grantor and all taxes and assessments due and owing for the year in which
the City exercises this Option shall be prorated as of the date of closing. Excise tax and the
cost of obtaining title insurance shall be paid for by Grantor. All other closing costs shall be
shared equally by the Parties.
This Option shall run with the land and shall both bind and benefit the respective
heirs, representatives, successors and assigns of Grantor and the City. During the Option
period, Grantor grants to the City the right to enter the real property to conduct inspections,
OPTION TO PURCHASE - 2
surveys and environmental assessments, including but not limited to excavation and drilling
for the purposes of groundwater sampling, testing and monitoring and for purposes relating to
working with the Washington State Department of Ecology to formalize and complete a
Prospective Purchasers Agreement ("PPA") concerning the subject property in compliance
with Washington law, which shall be entered and executed prior to approval of the exercise of
the Option by the City Council. During the Option period, Grantor further grants to the City the
right to use the property for the purpose of satisfying the PPA requirements. This Option may
be extended by mutual agreement of the parties.
DATED this qday of July, 2009.
CITY OF YAKIMA
GRANTOR a Washington Municipal Corporation
Marg
as p
l
ar .Keuler,
her s arate estate
STATE OF WASHINGTON )
) ss.
County ofd
By���_
Dick Zais
City Manager
I certify that I know or have satisfactory evidence that Margaret L. Keuler, is the person
who appeared before me, and said person acknowledged that she signed this instrument
and acknowledged it to be her free and voluntary act, for the uses and purposes mentioned
in the instrument.
GIVEN UNDER my hand and official seal this L�� of July, 2009.
•
Too
OPTION TO PURCHASE - 3
(Printed Name)
Notary Public in and for the State
of Washington, residing at -cep-P ee,e/ .
My commission expires t
STATE OF WASHINGTON )
ss.
County of Yakima )
On this day personally appeared before me Dick Zais to me known to be the City
Manager of the City of Yakima, the Washington municipal corporation that executed the
foregoing instrument, and. acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
GIVEN under my hand and official seal this I1 day of July, 2009.
OPTION TO PURCHASE - 4
(Printed Name)
Notary Public in and for the State
of Washington, residing at /41__ 6, -
My commission expires
AUG -13-2009 THU 08:49 Ah( PACIFIC ALL I ANCE, T I TLE,
FAX NO. 509 2488924 P. 03
OPTION TO PURCHASE LANDS
THE ROCKY MOUNTAIN ELK FOUNDATION, INC., a Montana non-profit corporation,
whose address is 5705 Grant Creek Road, Missoula, Montana 59808, hereinafter known as
"SELLER"", in consideration of ONE HUNDRED AND NO/100 DOLLARS (S]00.00) to be
credited towards the purchase price upon WDFW's election to purchase and the receipt and
adequacy of which is hereby acknowledged, do hereby grant unto THE STATE OF
WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE, hereinafter known as
"WDFW", the exclusive right and option (this "Option") let purchase the lands hereinafter
described, together with all and singular the tenements, hereditaments and appurtenances,
including easements, tiny and all shorelands and badlands, Umber nghts, mineral rights or water
rights, thereunto belonging or in anywise appertaining collectively hereinafter referred to as the
"Property", subject to the terns and conditions herein set forth for FIVE HUNDRED
SEVENTY-SEVEN THOUSAND FIVE HUNDRED TWELVE DOLLARS (S577,512.00), said
lands being situated in Yakima County, State of Washington, and being more completely
described as follows:
All of Section I, Township 15 North, Range 15 East, W.M.
SELLER and WDFW, by executing this instrtunent, mutually covenant and agree on the
following terms and conditions of this Option:
1. All rights of WDFW heroin 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 purchuse, 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
name to the designated escrow agent of WDFW's selection. SELLER agrees to share the escrow
fee on ran equal basis with WDFW.
3. Upon request, SELLER will immediately cause the executed Deed to be delivered to the
designated escrow ngent. The recording fee will be paid by WDFW
4. WDFW will acquire, and pay the cost ot, 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) Easement recorded under Auditor's File No. 2710774
b) Pendency of Yakima County Superior Court Cause No. 77-2-12484-5, recorded under
Auditor's File No. 2479271.
5. All taxes and assessments due, owing, or levied for the ycnr in which title is transferred shall
be prorated between SELLER and WDFW es of the date of transfer of title. WDFW will pay the
real estate excise tax.
6. Upon recording of said Deed and confirmntion by the title insurance company that the title
unseraace policy will be issued to WDFW subject only to the above stated exceptions, the
transaction will close end SELLER's proceeds, less all charges and pro -rations payable by
SELLER, shot] be disbursed to SELLER, WDFW shall have possession of the Property upon
closing.
7. SELLER will do or suffer no ant to be dune which will diminish the value of the Property
during the life of this Option, and nll necessary precautions will be Luken to protect the Property
Opliun iu Purcluec Lands
WDFW/Rival'
Page l of 7
AUG -13-2009 THU 08:49 AM PACIFIC ALLIANCE,TITLE, FAX NO, 509 2488924 P, 04
from damage by fire, trespass or other cause.
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 yule of the Property by SELLER to WDFW. 1f SELLER has
entered into a contract with a real csint e broker, or any other person, which makes this
transaction subject to a commiy:siou or tee, 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 or 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 parliea, 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 tenths. .
TI[GRE AR) NO V ' §13AL O'fl1 R AGIO MENTS HICEI ! QDIFY O)Et AFFV CC
THIS OPTION,
IN WITNESS WHEREOF, the parties herein have caused this instrument to be executed as
below subscribed.
ROCK
[C FOUNDATION, INC., a Montana non-profit corporation
9-ia-or
Rodney J. Triepke, Chief Operating Officer Date
THE, STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE
Jennifer Quan, Lands Division Manager Date
Option to I'urehaaa Land::
W D FW/RtdEF
Page 2 or 3
AUG -13-2009 THU 08:50 AM PACIFIC ALLIANCE,TITLE.
STATE OF MONTANA
)ss
County of Missoula
FAX NO. 509 2488924 P. 05
I certify that l know or have satisfactory evidence that Rodney 1. Triephe signed this instrument,
on oath stated that he was authorized to execute the instrument es 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 use and purposes mentioned in the
instrument.
GIVEN under my hand and official seal this leday of, 2008.
Notary Public in and tin. the State of Nlonten .
residing ut
My appointment expires t 4_CsO 1
JENNIFER BAHNFI.ETH
NOTARY P(18L10411ON1ANA
Roalding at Mleaoula, Montana
My Comm. F.apmoa 9r Qi ."'41:34
2.cc
STATE OF WASHINGTON )
)$s
County Thurston )
I certify that I know or have satisfactory evidence that Jennifer Quen signed this instrument, on
oath stated that she was authorized to execute the instrument as the Lands Division Manager of
the Washington State Deparhnent of Fish and Wildlife and acknowledged it to be her free and
voluntary act fon 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
My appointment expires
Option to Puroltnsu Lunda
WOFW/RML•F
Page 1 of 3
AUG -13-2009 THU 08:50 AM PACIFIC ALLIANCE,TITLE,
FAX NO. 509 2488924 P. 06
Return Address
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FILED 7628322
YAKIHA COUNTY, WA
09/26/2908 oa:l2:19Pn
DEED
PAGES: 4
Recardin9 Pae: 45.0D
Expedite Fee: 50.00
PACIFIC ALLIOBCE TITLE COM
Plcnx pint neatly or typo Inti mtatInn Pea
Document 1 Title: ST A+`1i .t'I"f) l.[ '�1 ek flu i y Pea
Reference Pi's:
Additionalre(emmeaIl' onpage__„
Grantors.
Grantees:
Additional grantors on page - additional Brunt= on page '
Document 2 Tule:
Reference i#s:
AdditIorml reference wa un pope,
Grantors, Grantees:
Additional grantors on page
additional grantees an ma
Legal Dcecription (abbreviated form: Le, lot, blk, plat or S.T.R quarter/quarter)
PN
Additional legal tc on page
Assnasor' R Propcny Tax Parcel/Account Number
/(,i -q-3otDi j f5, ! /ate / 174Z-7-,gaor I
16,)55 •3bo
Zrmcrgency nonstandard document recording: I am requesting an emergency nonstandard
recording for an additional fee as provided in RCW 3618.010. T understand that the
recording processing requiremen4s,may cover up or otherwise obscure some part of the text
of the origigal document.
Signature:
Gl_
Tn. Auditor/Recorder will rely on the information provided on the form. Mandl will not reed ate doeuntenr to verify the accuracy or
wrnptotauae or rhe indexing information provided herein,
Yaklme County Auditor File a 7628322 Pogo 1 01 4
PUG -13-2009 THU 08:50 AM PACIFIC ALLIANCE.TITLE.
After liucufdIii Rehire To;
1Vacicingtun Ooparlo,ual or Fl%ll wid �4i1a111'a
Rca1 Estala Sefvlas
61111 Gupltol Way North
Olympia, WA 9H501-1091
AIN: Topm µ'endrin'
FAX NO. 509 2488924
Document Title: Statutory Warranty Deed
Reference No. Of Related Document:
Grantor: The City of Ynkime
Grantee: The State of Washington, the Department of Pislt and Wildlife
Legal DeSerlption: Ptn SW 1/4 S. 27; Pin s: 34; Put S, 35, all 715N, R16E, W,M.
Assessor Parcel Nos.: 161527.33001; 161534-12001; 161535-22001; & 161535.23001
County; l'aldnut
STATUTORY WARRANTY DEED
The Grantor, THE CITY OF YAKEMA, a Municipal Corporation, for and in
consideration of ONE MILLION THREE HUNDRED THOUSAND DOLLARS
($1,300,000.00), 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: All and singular the tenement's, 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, bads 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 outer 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 4uditor's File No. 3098099;
c) Pendency of Yakima Superior Court Cause No. 77-2-014845; and,
d) Unrecorded Oil and Gas Lease between the State of Washington and Eocene Oil
and GM (USA) inc„ Lease No. 25480.000, Lease Name ST WA 63 075079, dated
August 1, 2005, for a term of ten (10) years.
Muted this
Yakima County Auditor
AY REAL E6fAFE E86f6E {Alf
2008. A PAID
M AMP�C° C�
A
c DATE SEP 2 6 2008
P,ge l of 7 N AFF 4 0 4 62
T BY
Y ILENE THOMSON, TREASURER
Fla 17629322 Page 2 of 4
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AUG -13-2009 THU 08:50 AM PACIFIC ALLIANCE,TITLE.
FAX NO, 509 2488924 P, 08
The City of lcakima, a Municipal Corporation
13y:
Title:
STATE OF WASHINGTON )
)ss
COUNTY OF
I certify that I know or have satisfaetor} evidence that UQt1 e 2.LEI\ is the
person who appeared before mc, and said person acknowledged that she/he signed this
instrument, an oath stated that she/he was authorized to execute the instrument and
acknowledged it as the g/yf The City of Yakima, to be the free and
voluntary act of such party ft, the ses and inirposes mentioned in the instrument.
GI 3N under my hand and oftie j s 1 this plteday of d( f�,�i,,, 2008.
N.tary Public in and for the State of (.Ukth
residing ut
My appointment expires
Pogo 2 of 3
Yoklmu County Auditor File B 7629322 Page 3 of 4
AUG -13-2009 THU 08:51 AM PACIFIC ALLIANCE TITLE
FAX NO. 509 2488924 P. 09
EXHIBIT 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 comer of said section; thence North' 650 feet; thence Southeasterly
2335 feet, thence west IOU loot ro tilt point of begtntung.
Parcel B
The Southeast quarter of the Northeast quarter, the West 1-Lalf of the Northeast quarter, the Southeast quarter of
the Northwest Quarter, and the North Hallo!. 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 foot; thence North 351.28' West 538.8 feet; thence South 54°32' West 235 feet to
the point of beginning.
Parcel C
_That portion ol'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 Sclah 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 Sold Valley Carnal and Westerly
of the ibltowing 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"
Wast to the Selah Valley Canal and the end of said line, AND EXCEPT the State Route 410 right-of-way.
puce) I)
That portion of the Southwest quarter oldie Northwest quarter o('Section 35, Township 15 North, Range 16
East lying South of State Route 410, North of the Sclah Valley Canal and West of the following described line:
Beginning on the South right-of-way lint of State Route 410 and the West line of said Northwest quaver;
thence South 79°44' East 653.33 feet; thence South 06°55' 12" West to the Sclah Valley Canal and the end of
said lint.
All situate in the County of Yakima, State of Washington.
Ynktrna County Auditor
Page 3 of 3
Fila N 7626322 Popo 4 of 4
Hull -Ii -000U IIU Utl.fl nrl rtiLlrll, I1LLlYNUL IIILL
Seller CITY OF YAKIMA
Property Address:
rt -n IYV, DUO G4000L4 r. IU
_ Pacific Alliance Title, LLC
311 N. 4th Street, Suite 102
Yaidma, WA 98901
(509)225-6809
SELLER'S CLOSING STATEMENT
ESTIMATED
1VICA. STATE ROUTE 410
YAKIMA COUNTY, WA 98901
Escrow No: 01014100 -001 -SS
Close Date: 09/26/2008
Proration Date: 09/26/2008
Date Prepared 09/25/2008
s':b V >Rt. , :VMxut .',V10 ,;"•,''!0''^Af ' ;.;'''"-,17
a :WNW
g1?GlaxMi
TOTAL CONSIDERATION: •
Total Consideration
1,300,000.00
TITLE CHARGES:
Title Insurance Fees to Pacific Alliance Title, LLC
1,616.00
Title Sales Tax to Pacific Alliance Title, LLC
132.43
RECORDING FEES:
Process Excise Tax to Yakima 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.
t1uu-Ircuuo inu uo.40 r111 rMu ir1G t1LL1tw(uC I11LC rr1r IYu. ou0 c400OC4 1-, uC
_'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
Escrow No: 01014100 -001 -SS
Clone Datc; 09/26/2008
Dishurselncni Date 09/26/2008
Date Prepared. 10/08/2008
Deseriptioe
- - Debit -
Credit
DEPOSITS:
Total Consideration
1,300,000.00
PRORATIONS AND ADJUSTMENTS:
Deposit
1,301,220.68
RECORDING FEES:
Recording Fee to Pacific Alliance Title L.L.C.
44.00
Deed: 0 pages @ $44.00
ESCROW CHARGES:
Escrow Fee to Pacific Alliance Title
1,087.50
Sales Tax to Pacific Alliance Title, LLC
89.18
Sub Totals
1,301,220.68
1,301,220.68
Totals
1,301,220.68
1,301,220.68
Page 1 of 1
HUU I� dUU3 !HU U8:51 An rAU1rit HLLIHNUL HILL
pPACIFIC A�IiANCf TITLE
rHA NU. 5Uy e4868e4 r. 11
DISCLOSURE NOTICE
Septeulber 24, 2008 Escrow No. 01014100
Pacific Alliance Title, LLC has been requeated 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 docwnents shall be limited to deeds,
promissory notes, guarantees, deeds of trust, reconveyancea, 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 Of5cet'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.
IF YOU WISII TO HAVE YOUR DOCUNIEIVTS AND INSTRUMENTS PREPARED BY AN ATTORNEY
OF YOUR CHOICE, PLEASE NOTIFY THE CLOSING OFFICER IMMEDIATELY.
All of the documents, which have been, 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 TILE ADVICE OF
INDEPENDENT LEGAL COUNSEL. TILE 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:
❑ STATUTORY WARRANTY DEED 0 APPLICATION FOR CERTIFICATE OF TITLE
H EXCISE TAX AFFIDAVIT 0 MOBILE HOME EXCISE TAX AFFIDAVIT
O PROMISSORY NOTE 0 RELEASE OF INTEREST
❑ DEED OF TRUST L7 BILLOFSALE
❑ REQUEST FOR FULL RECONVEYANCE 0 MOBILE HOME TITLE ELIMINATION CERTIFICATE
O REAL ESTATE CONTRACT ❑ SECURITY AGREEMENT
❑ WARRANTY FULFILLMENT DEED 0 NO DOCUMENTS WEItE PREPARED
❑ ❑
❑ ❑
Uwe have been afforded adequate time to read and understand the above disclosure, as evidenced by my/our
signature below, l/we ao10 owledge receipt of a copy of the above notice.
Received this day of
CITY OF YA G> /144r ��
>5-• /4-4./7'� hi
311 North Fourth Street, Suite 102
Yaklma, 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
AUG -1 U-2UUy 'I'HU UH : b2 RM I'RU I F IU ALL I ANUF. I 1 I LF.
PACIHC ALLIANCE TITLE
FAX NU. bU 1 d488U24 '. 14
PURCHASERS; WASIITNGT ON DEPARTMENT OF FISH AND WILDLIFE ESCROW NO. 01014100
SELLERS: CITY OFYAIi7MA
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 TIE 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 shalt control.
Description of Real Property. Tho 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 are filed for record (referred to herein as "the
closing date") shall be on or before the date for 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 certnin 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 fora 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, less 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 fimds as the equivalent of a deposit of such
funds, 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 agent's 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 settlemeut statemaut 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.
Proration. Adjustments or pro -rations of real estate taxes, and other charges if any, shall be made on a per -diem basis using a
365 day year, unless the cloning 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 iustructed 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
5915 Melon Far, SEIOI WA R. 71/07/96
AUG-13-2UU9 11 -IU U8:b3 AM PAUIFIU ALLIANCE TITLE. hfl)( NU. 5U9 2488924
V. 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 famish, 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 iu 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 frets, 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 Iles 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 patty's assignment of interest or delay in perfotmance, 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 agent's fees, costs and expenses shall be due and payable on the closing date or other termination of the closing agent's duties and
responsibilities under these instructions, and shall be paid opahalf by the buyer and one-half by the seller unless otherwise provided in the
parties' agreement.
Cancellation, These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the closing
agent's fees, costs and expenses. Upon receipt of such ageemeat 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 duties or responsibilities under these 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 deteznaine the 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 status pending
resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court
to determine the rights of the parties. Upoa 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 coats, expenses and
reasonable attorneys fees incurred in any lawsuit arising out of or in connection with the transaction 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 indicated, and shall be construed interchangeably with other similar terms such as "purchaser,"
"vendee," "vendor," "grantee" or "grantor' as may be appropriate in the context and circumstances to which such words apply
The word "Lender" refers to any leading 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 the closing agent shall have no responsibility or liability.
In these instructions, singular and plural words, and masculine, fepnirieP 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
aWS vi elan Fonn SGin1 WA Rev. 11/57186
AUG -13-2009 'I'HU U8:54 AM NAU11•HU ALLIANCE. TITLE
I•AX NU. bUU 2488g24 r. 1
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 Proporty. Any required disclosures concerning the property including, 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
closing 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 oldie title to, encumbrances upon, ownership, or physical condition
of such personal property, nor to calculate, pro -rate, collect, prepare returns for or pay any 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 fine, 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 property that have
not been added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro -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 far 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 shell 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 pennit or apprnvaL
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 party to comply, with any such
requirement or law.
Additional Agreements, Instructions and Disclosures:
3
b5S Vision Form SEIOIWA Roy. 11107158
HUU-13-LUUj Ir1U U0.04 MN rHulrlt, 1-ILL1HNUL I I ILC
rMR IVU. OUB C4b1iiL4 r, 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
fiuther advised that:
• THE LIMITED PRACTICE OFFICER IS NOT ACTING AS i'lJ ADVOCATE OR REPRESENTATIVE OF EITHER
(OR ANY) OF FM PARTIES.
• THE DOCUMENTS PREPARED BY 1'311 LIMITED PRACTICE OFFICER WILL AFFECT THE LEGAL RIGHTS
OF THE PARTIES.
• THE PARTIES INTERESTS IN THE DOCUMENTS MAY DIFFER.
• fits PARTIES HAVE A RIGHT TO BE REPRESENTED BY LAWYERS OF THEIR OWN SELECTION.
• TUE LIMITED PRACTICE OFFICER CANNOT GIVE LEGAL ADVICE AS TO TICE 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 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 existing documents referred
to in these instructions.
WASHINGTON DEPARTMENT OF FISH AND
WILDIJTE Date
f3yvsr's Mailing Address;
600 CAPITOL WAY N
OLYMPIA WA 98501
Buvet'a Home Phone:
Buver t )3uainess Phone:
ESCROW NO.: 01014100
5115 Vision Farm SE101 WA Roy. 11107106
Seller's Mailing Addresa,
CIO DAVE BROWN -WATER DEPT
YAKIMA WA 98902
Seller's Home Phone.
Seller's Business Phone:
4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. i`. 12 -
For Meeting of 6/2/09
ITEM TITLE: Consideration of resolution authorizing option to purchase property at 3`d
Street and Walnut
SUBMITTED BY: Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Zabell, 575-6040
SUMMARY EXPLANATION: At its April 7, 2009 City Council meeting, the City Council
authorized an Option to Purchase Agreement for the property at 3rd Street and Walnut.
Subsequent to Council approval, the property owner has made an amendment to the negotiated
offer involving compensation for use of the parking lot during the Option period. The change
. proposed by the seller is not recommended: After further discussion with the owner's
representative, the Option to Purchase Agreement has been amended to remove use of the lot
by the city for parking during the Option period and is attached for Council review.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source Police Department Land B
•
get Service Unit 333.
APPROVED FOR SUBMITTAL:
471*;Citv Manager
STAFF RECOMMENDATION: Staff recommends that the City Council adopt the Resolution
authorizing the City Manager to execute the Option to Purchase Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: