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HomeMy WebLinkAboutWatchsmith, Nancy - Settlement Agreement SETTLEMENT AGREEMENT This Settlement Agreement is being entered into on the last date entered on the signature pages and is between the City of Yakima, state of Washington (hereafter the "City ") and Nancy L. Wachsmith, a single person, as her separate estate, and (hereafter referred to as "Wachsmith "). RECITALS WHEREAS, it is necessary for the public use and required by the public interests that the City construct public improvements known as the "River Road Improvement Project" on River Road between North 16 Avenue and Fruitvale Avenue, Yakima, Washington (hereinafter the "Project "), and such construction is in accordance with the plans approved and adopted by the Yakima City Council by Ordinance No. 2006 -22, dated the 6 day of June, 2006; and WHEREAS, Wachsmith owns certain real property situated at 1911 River Road, Yakima, Washington, the legal description of which is attached hereto and incorporated by reference herein as Exhibit "A "; and WHEREAS, a portion of said property, the legal description of which is attached hereto and incorporated by referenced herein as Exhibit "B ", will be damaged or otherwise interfered with in such a manner by the City's construction and /or existence of the Project so as to be legally compensable, and such damage or other interference is required for the interests of the public and of the City and does constitute a necessary public use of said property and interests; and WHEREAS, the City, pursuant to RCW Chap. 8.12, wishes to pay reasonable compensation to Wachsmith for such damage or other interference which will be caused to her property by the construction and /or existence of the Project; and WHEREAS, the City has obtained an independent comparative market analysis of said property which indicates that the value of the portion of Wachsmith's property SETTLEMENT AGREEMENT - 1 Law Offices 718 - 129 \rhg \yakima cit \river road \wachsmith \settlement agreement LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 that will be necessary for the construction and /or existence of the Project and affected improvements thereon is $7,150.00; and WHEREAS, Wachsmith has obtained an independent real estate appraisal of said property which indicates that the value of the portion of Wachsmith's property that will be necessary for the construction and /or existence of the Project and affected improvements thereon is $7,650.00; and WHEREAS the City and Wachsmith each wish to resolve their differences without the necessity and costs of litigation as to the value of said properties and the uncertainties connected therewith; AGREEMENT IT IS THEREFORE AGREED by and between the City and Wachsmith that for purposes of settlement only: 1. The City shall pay Wachsmith $7,650.00 in total compensation for the condemnation of a portion of Wachsmith's property and for the damage and interference to the Wachsmith's property which will be caused by the construction and /or existence of the Project. 2. Wachsmith agrees to accept $7,650.00 as fair and reasonable compensation in full for the land and improvements taken by the construction and /or existence of the Project and for the damage and interference to her property and shall not seek further or additional compensation of any kind for any damage or claims of damage for the said land or improvements taken or other damages and agrees that said compensation reflects the fair market value of said land and improvements. 3. Wachsmith shall transfer all her rights and interest in that portion of her property taken by the construction and /or existence of the Project by the execution of a Statutory Warranty Deed in fee simple absolute and an Excise Tax Affidavit in the form attached hereto as Exhibits "C" and "D" to the City and shall claim no additional interest in said property nor shall she seek additional compensation of any kind from the City for damages caused by the construction and /or existence of the Project. SETTLEMENT AGREEMENT - 2 Law Offices 718 - 129 \rhg \yakima cit \river road \wachsmith \settlement agreement LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 4. The City and Wachsmith agree to cooperate fully and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement. 5. Closing on said property shall take place on or before November 13, 2008. The closing agent shall be Lyon, Weigand & Gustafson PS, 222 North Third Street, Yakima, Washington. 6. This Settlement Agreement expresses the full and complete settlement by and between the City and Wachsmith with respect to said property. 7. Wachsmith acknowledges that she has completely read this Settlement Agreement and fully understands and voluntarily accepts it for the purpose of final resolution and settlement of any and all claims with respect to fair and reasonable compensation for the damage or other interference which will be caused to her property by the construction and /or existence of the Project. 8. The terms and conditions of this Settlement Agreement shall not be amended or modified except in writing signed by the City and Wachsmith. This Settlement Agreement is fully integrated and constitutes the entire agreement of the Parties. There are no other agreements of these Parties. 9. This Settlement Agreement has been reviewed and approved by each of the Parties after negotiation of the terms thereof. In the event it should be determined that any provision of this Settlement Agreement is uncertain or ambiguous, the language in all parts of the agreement shall be in all cases construed as a whole according to the fair meaning of the agreement, and not strictly construed for or against any party. 10. If any provision herein is invalid, it shall be considered deleted from this Settlement Agreement and shall not invalidate the remaining provisions of this agreement. SETTLEMENT AGREEMENT - 3 Law Offices 718-1 29 \rh \ akima cit \river road \wachsmith \settlement agreement LYON, WEIGAND 2 GUST Third PS g y g Lyon Law Offices - 222 North Third Street P.O Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 DATED this C day of October, 2008. Nancy L THE CITY OF YAKIMViA By S R. A. Zais, Jr., City Manager SETTLEMENT AGREEMENT - 4 Law Offices 718 - 129 \rhg \yakima cit \river road \wachsmith \settlement agreement LYON, WEI Offices ces - &GUST 222 North Third T hird PS Lyon Law O Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 EXHIBIT "A" LEGAL DESCRIPTION OF NANCY L. WACHSMITH'S PROPERTY The south 150 feet of the West 150 feet of lot 14, FRUITVALE ADDITION, according to the Plat thereof recorded in Volume "A" of Plats, page 20, records of Yakima County, Washington, together with vacated portion of road. Yakima County Assessor's Parcel No. 181314 - 11417. EXHIBIT "B" LEGAL DESCRIPTION OF TAKE — NANCY L. WACHSMITH TO CITY OF YAKIMA The South 10.00 feet of the West 150 feet of Lot 14, FRUITVALE ADDITION, according to the Plat thereof recorded in Volume "A" of Plats, page 20, records of Yakima County, Washington. TOGETHER WITH vacated portion of road. A portion of Assessor's Parcel No. 181314- 11417. When recorded, please return to: RUSSELL H. GILBERT (ME) Lyon Weigand & Gustafson PS P.O. Box 1689 Yakima WA 98907 STATUTORY WARRANTY DEED THE GRANTOR, NANCY L. WACHSMITH, a single person, for and in consideration of TEN AND NO /100 DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, conveys and warrants to CITY OF YAKIMA, a Washington municipal corporation, the following described real estate, situated in the County of Yakima, State of Washington: The South 10.00 feet of the West 150 feet of Lot 14, Fruitvale Addition, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington; TOGETHER WITH vacated portion of roadway. A PORTION OF ASSESSOR'S PARCEL NO. 181314 -11417 TOGETHER WITH all water rights and appurtenances including after acquired title, if any, thereunto belonging. SUBJECT TO future assessments by reason of the inclusion of said premises within the boundaries of any irrigation entity, district or company, and all other assessment districts, companies and entities. SUBJECT TO all pending and future litigation adjudicating and determining ground and surface waters in any water drainage basin of which the property is a part. SUBJECT TO notes, easements, covenants and restrictions as depicted on the face of the plat. STATUTORY WARRANTY DEED - 1 Law Offices 718 - 129 \me \yakima cit \river road \wachsmith \swd LYON WEIGAND GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 SUBJECT TO Easement Deed including terms and provisions thereof • recorded December 31, 1979 under Auditor's File No. 2570220. SUBJECT TO right of way for ingress and egress, granted to the Old Union Ditch Company, under instrument recorded March 4, 1899, in Volume Z of Deeds, Page 438, to maintain and improve said Company's ditch. SUBJECT TO rights reserved in federal patents, state or railroad deeds; building or use restrictions general to the area; zoning regulations; all rights of way, easements, reservations, restrictions, agreements, covenants and conditions appearing in the record of title or apparent on inspection of said premises and/or plat. DATED this day of October, 2008. NANCY L. WACHSMITH STATE OF WASHINGTON ) ) ss. County of Yakima ) On this day personally appeared before me NANCY L. WACHSMITH, a single person, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of October, 2008. (Print Name) Notary Public in and for the State of Washington, residing in My Commission Expires: STATUTORY WARRANTY DEED - 2 Law Offices 718 - 129 \me \yakima cit \river road \wachsmith \swd LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 re /A? I n- i 0. eVetlUe REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRIN1 CHAPTER 82.45 RCW — CHAPTER 458 - 6IA WAC when stamped by cashier Tills AFFIDA \'I'I WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑Check box if tarsal sale of .rn ens I f multi le out ners. list .ercentane of oo nershi next to name Name Nancy L. Wachsmith, a single person .21 Name City of Yakima, a Washington municipal corporation Z Minima Address 91 Bertsch Circle z Mailers Address 129 N 2nd Street 0 Cary :Staie:Z,p Naches, WA 98937 —' v CiiyiStaie /Lip Yakima, WA 98901 Phone No (including area code) (509) 965 -2168 ('hone No lineludins area code) (509) 575 -6040 le List all real and personal property tax parcel account Send all propem tar correspondence to D Same as Buyer %Grantee numbers — check box if personal propene List assessed t alue(s) Name Portion of 181314 - 11417 ❑ Malting Address _ n Cty /Stater' /-ip n Phone No. (including area code) Street address of property: 1911 River Road, Yakima, Washington This property is located in Yakima City ❑ Check box if am of the listed parcels are being segregated from a larger parcel Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 10.00 feet of the West 150 feet of Lot 14, Fruitvale Addition, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, TOGETHER WITH vacated portion of roadway. ® Select Land Use Code(s): it List all personal property (tangible and intangible) included in selling I se „ __ , -, us, C i_s price. enter an) additional codes: N/A (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ ❑✓ 84.36 12CW (nonprofit organization)? I YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ID Is this property classified as current use (open space. farm and ❑ QQ WAC No. (Section /Subsection) WAC 458 -61A -206 agricultural. or timber) land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑ Condemnation proceedings. per chapter 84.26 RCW? If any answers are yes. complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S). continue the current designation as forest land or 10/20/08 classification as current use (open space. farm and agriculture, or timber) Date of Document land. you must sign on (3) below. The county assessor must then determine 7,650.00 if the land transferred continues to qualify and will indicate by signing below. Gross Selling Price $ lithe land no longer qualities or you do not wish to continue the designation *Personal Property (deduct) $ or classification, it trill be removed and the compensating or additional taxes Exemption Claimed (deduct) $ 7,650.00 %% ill be due and payable by the seller or transferor at the time of sale. (RCW 8433.140 or RCW 8434. 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 ❑ does ❑ does not qualify for continuance. 0.0050 Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2) NOTICE OFCOMPLIANCE (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 {State Technology Fee $ 5.00 and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 PRINT NAME A MINIMUM OF SI0.00 IS DUE IN FEE(S) AND /OR TAX "SEE INSTRUCTIONS 1 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) Nancy L. Wachsmith i R. A. Zais, Jr., City Manes er Name (print) y g Date & city of signing: October 20, 2008 at Yakima, Washington Date & city of signing' October , 2008 at Yakima, Washington Perjury: Perjury is a class C felony tthieh is punishable by imprisonment in the state correctional institution for a maximum tenor of not more than five years. or by a fine in an amount fixed by the coon of not more than five thousand dollars ($5.000.00). or by both imprisonment and fire (RCW 9.A.20.020 (I C)). REV 840001e(7/3E08) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURE re ,.• DE:,,,,,„,,,..,„ , ?venue REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 I A 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) ❑Check box if partial sale of property If multiple owners, list percentage of ownership next to name. Name Nancy L. Wachsmith, a single person © Name City of Yakima, a Washington municipal corporation x • z Mailing Address 91 Bertsch C ircle z Mailing Address 129 N. 2nd Street cn City /State /Zip Naches WA 98937 co City /State /Zip Yakima, WA 98901 Phone No. (including area code) (509) 965 -2168 Phone No. (including area code) (509) 575 -6040 List all real and personal property tax parcel account II Send all property tax correspondence to: Same as Buyer /Grantee numbers - check box if personal property List assessed value(s) Name Portion of 181314-11417 ❑ . Mailing Address n City /State /Zip n Phone No. (including area code) n 1911 River Road, Yakima, Washington ® Street address of property: This property is located in Yakima City ❑ Check box if any of the listed parcels are being segregated from a larger parcel. • Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 10.00 feet of the West 150 feet of Lot 14, Fruitvale Addition, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, TOGETHER WITH vacated portion of roadway. • ® Select Land Use Code(s): III List all personal property (tangible and intangible) included in selling . Se.ect:..anci Uvo Codes I price. enter any additional codes: N/A (See back of last page for instructions) . YES NO Is this property exempt from property tax per chapter ❑ p 84.36 RCW (nonprofit organization)? 6 YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ E is this property classified as current use (open space, farm and ❑ p WAC No. (Section /Subsection) WAC 458 -61 A -206 agricultural, or timber) land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ p Condemnation proceedings. per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed • NEW OWNER(S): To continue the current designation as forest land or 10/20/08 classification as current use (open space, farm and agriculture, or timber) Date of Document land, you must sign on (3) below. The county assessor must then determine 7,650.00 if the land transferred continues to qualify and will indicate by signing below. Gross Selling Price $_ If the land no longer qualifies or you do not wish to continue the designation * Personal Property (deduct) $ or classification, it will be removed and the compensating or additional taxes Exemption Claimed (deduct) $ 7,650.00 will 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 ❑ does ❑ does not qualify for continuance. 0.0050 1 Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ . (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) *Delinquent Penalty $_ NEW OWNER(S): To continue special valuation as historic property, 0.00 sign (3) below. If the new owner(s) does not wish to continue, all Subtotal $ additional tax calculated pursuant to chapter 84.26 RCW, shall be due *Staic Technology Fee $ 5.00 and payable by the seller or transferor at the time of sale. • (3) OWNER(S) SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 PRINT NAME A MINIMUM OF $10.00 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 .2 /,� ,11.6 c�y7,..�'L.t�," Signature of C Zs\) • Grantor or Grantor's Agent !G� L L Grantee or Grantee's Agent Name (pr) Nancy L. Wachsmith R. A. Zais, Jr., City Manager (P ) Name (print) Date & city of signing: October 20, 2008 at Yakima, Washington Date & city of signing: October , 2008 at Yakima, Washington Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum teen of not 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 (1C)). REV 84 000le (7/31/08) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURE re? (, ?ep,'ji zinent of evenue AFFIDAVIT REAL ESTATE EXCISE TAX AF 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) 0 Check box if partial sale of property If multiple owners, list percentage of ownership next to name. ® Name Nancy L. Wachsmith, a single person ill Name City of Yakima, a Washington municipal corporation w Mailing Address 91 Bertsch Circle J ew - z Mailing Address 129 N. 2nd Street c City /State /Zip Naches, W A 98937 m c City/State /Zip Yakima, WA 98901 c. Phone No. (including area code) (509) 965 -2168 Phone No. (including area code) (509) 575 -6040 List all real and personal property tax parcel account Send all property tax correspondence to: List assessed value(s) Same as Buyer /Grantee numbers — check box if personal property Name Portion of 181314 - 11417 ri Mailing Address .0 — C ity /State /Zip n Phone No. (including area code) n 1911 River Road, Yakima, Washington © Street address of property: This property is located in Yakima City ❑ Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 10.00 feet of the West 150 feet of Lot 14, Fruitvale Addition, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, • TOGETHER WITH vacated portion of roadway. ® Select Land Use Code(s): II List all personal property (tangible and intangible) included in selling . Cocci land Use Codes I price. enter any additional codes: N/A (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ is 84.36 RCW (nonprofit organization)? ® YES NO If claiming an exemption. list WAC number and reason for exemption: • is this property designated as forest land per chapter 84.33 RCW? ❑ p Is this property classified as current use (open space, farm and ❑ WAC No. (Section /Subsection) WAC 458 -61A -206 agricultural, or timber) land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ is per chapter 84.26 RCW? Condemnation proceedings. I f any answers are yes, complete as instructed below. (I) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S): To continue the current designation as forest land or 10/20/08 classification as current use (open space, farm and agriculture, or timber) Date of Document land, you must sign on (3) below. The county assessor must then determine Gross Selling Price $ 7,650.00 if the 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 * Personal Property (deduct) $ or classification, it will be removed and the compensating or additional taxes Exemption Claimed (deduct) $_ 7,650.00 will 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 ❑ does ❑ does not qualify for continuance. 0.0050 Local $ 0.00 *Delinquent Interest: State $_ DEPUTY ASSESSOR DATE Local $ (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S): To continue special valuation as historic property, Subtotal $ 0.00 sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due *State Technology Fee $ 5.00 and payable by the seller or transferor at the time of sale. • (3) OWNER(S) SIGNATURE *Affidavit Processing Fee $- Total Due $ 10.00 PRINT NAME A MINIMUM OF 810.00 IS DUE IN FEE(S) AND /OR TAX . *SEE INSTRUCTIONS III 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) Nancy L. Wachsmith Name (print) R. A. Zais, Jr., City Manager Date & city of signing: October 20, 2008 at Yakima, Washington Date & city of signing: October , 2008 at Yakima, Washington . Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not 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 0001c (7/31/08) THIS SPACE - TREASURER'S USE ONLY COUNTY ASSESSO of evenue REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 - A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PACES ARE FULLY COMPLETED (See back of last page for instructions) OCheck box if partial sale of property If multiple owners, list percentage of ownership next to name. MI Name Nancy L. Wachsmith, a single person © Name City of Yakima, a Washington municipal corporation czG H a 2 Mailing Address 91 Bertsch Circle z Mailing Address 129 N. 2nd Street cip City /State /Zip Naches, WA 98937 m City/State /Zip Yakima, WA 98901 Phone No. (including area code) (509) 965 2168 Phone No. (including area code) (509) 575 III List all real and personal property tax parcel account Send all property tax correspondence to: p Same as Buyer /Grantee numbers - check box if personal property List assessed value(s) Name Portion of 181314 ❑ Mailing Address (� City /State /Zip n Phone No. (including area code) Street address of property: 1911 River Road, Yakima, Washington This property is located in Yakima City ❑ Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 10.00 feet of the West 150 feet of Lot 14, Fruitvale Addition, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, TOGETHER WITH vacated portion of roadway. • ® Select Land Use Code(s): List all personal property (tangible and intangible) included in selling • 'sow. Lano U ,° Code: I price. enter any additional codes: N/A (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ p 84.36 RCW (nonprofit organization)? 6 YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ p Is this property classified as current use (open space, farm and ❑ p WAC No. (Section /Subsection) WAC 458 -61 A -206 agricultural, or timber) land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property 0 p per chapter 84.26 RCW? Condemnation proceedings. If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S): To continue the current designation as forest land or 10/20/08 classification as current use (open space, farm and agriculture, or timber) Date of Document land, you must sign on (3) below. The county assessor must then determine Gross Selling Price $ 7,650.00 if the 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 * Personal Property (deduct) $ or classification, it will be removed and the compensating or additional taxes 7,650.00 will be due and payable by the seller or transferor at the time of sale. (RCW Exemption Claimed (deduct) $ 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 ❑ does ❑ does not qualify for continuance. 0.0050 Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) *Delinquent Penalty $ • NEW OWNER(S): To continue special valuation as historic property, 0.00 sign (3) below. If the new owner(s) does not wish to continue, all Subtotal $ additional tax calculated pursuant to chapter 84.26 RCW, shall be due *State Technology Fee $ 5.00 and payable by the seller or transferor at the time of sale. • (3) OWNER(S) SIGNATURE *Affidavit Processing Fee $_ Total Due $ 10.00 PRINT NAME A MINIMUM OF $10.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS 8 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) Nancy L. Wachsmith Name (print) R. A. Zais, Jr., City Manager Date & city of signing: October 20, 2008 at Yakima, Washington Date & city of signing: October , 2008 at Yakima, Washington Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not 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 0001e (7/31/08) THIS SPACE - TREASURER'S USE ONLY DEPT. OF REVENI /Sip evenue a: t REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 -6IA WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT RE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑Check box if partial sale of property If multiple owners, list percentage of ownership next to name. Name Nancy L. Wachsmith, a single person Name City of Yakima, a Washington municipal corporation Mailing Address 91 Bertsch Circle ›- 2 g 129 N. 2nd Street Mailin Address City /State /Zip Naches, WA 98937 x City/State/Zip Yakima, WA 98901 Phone No. (including area code) (509) 965 -2168 Phone No. (including area code) (509) 575 -6040 List all real and personal property tax parcel account Send all property tax correspondence to: D Same as Buyer /Grantee numbers check box if personal property List assessed value(s) Name Portion of 181314 -11417 n Mailing Address ❑ City /State /Zip n Phone No. (including area code) (l 1911 River Road, Yakima, Washington III Street address of property: This property is located in Yakima City 0 Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) The South 10.00 feet of the West 150 feet of Lot 14, Fruitvale Addition, according to the Plat thereof recorded in Volume "A" of Plats, page 20, Records of Yakima County, Washington, TOGETHER WITH vacated portion of roadway. N Select Land Use Code(s): List all personal property (tangible and intangible) included in selling So e.c: Land Use Codes price. enter any additional codes: N/A (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ p 84.36 RCW (nonprofit organization)? ® YES NO If claiming an exemption. list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ p • Is this property classified as current use (open space, farm and ❑ p WAC No. (Section /Subsection) WAC 458-61A-206 agricultural, or timber) land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ F • per chapter 84.26 RCW? Condemnation proceedings. If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) Type of Document Statutory Warranty Deed NEW OWNER(S): To continue the current designation as forest land or 10/20/08 classification as current use (open space, farm and agriculture, or timber) Date of Document land, you must sign on (3) below. The county assessor must then determine 7,650.00 if the land transferred continues to qualify and will indicate by signing below. Gross Selling Price $ If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ • or classification, it will be removed and the compensating or additional taxes Exemption Claimed (deduct) $ 7,650.00 will 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 ❑ does ❑ does not qualify for continuance. 0.0050 Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE Local $ (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S): To continue special valuation as historic property, 0.00 sign (3) below. If the new owner(s) does not wish to continue, all Subtotal $ additional tax calculated pursuant to chapter 84.26 RCW, shall be due *State Technology Fee $_ 5.00 and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 PRINT NAME A MINIMUM OF $10.00 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) Nancy L. Wachsmith Name (print) R. A. Zais, Jr., City Manager Date & city of signing: October 20, 2008 at Yakima, Washington Date & city of signing: October , 2008 at Yakima, Washington Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not 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 (I C)). REV 840001e (7/31/08) THIS SPACE - TREASURER'S USE ONLY TAXPAYE! 1099 INPUT FORM DATE OF CLOSING: November 13, 2008 SUBJECT PROPERTY: A PORTION OF PARCEL NO. 181314 -11417 AMOUNT OF SALE: $7,60.00 SELLER(S): NANCY L. WACHSMITH SS# $ - `I` - `a`f7 -- 91 BERTSCH CIRCLE NACHES WA 98937 509 - 965 -2168 (H) 969 -4505 (CELL) TAXES PAID BY SELLER(S): $0 PURCHASER(S): CITY OF YAKIMA TAX ID # 91- 6001293 129 North 2nd Street Yakima WA 98901 575 -6040 UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE NUMBER SHOWN ON THIS STATEMENT IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER. SELLER(S): PURCHASER(S): CITY OF YAKIMA, a municipal corporation Y � NANgYL. WACHSMITH R.A. ZAIS, ., City Manager This form is needed for all real estate sales transactions closed after 12/31/1986. The completion of this form will provide the information necessary to produce form 1099 pursuant to and required by the Internal Revenue Code, Section 6045(E). You are required by law to provide your correct taxpayer identification number. If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. 1099 INPUT FORM Law Offices 718- 129 \me \yakima cit \river road\wachsmith\1 099 input form LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883