HomeMy WebLinkAboutR-1990-D5842 Cascade LumberRESOLUTION NO.
D 5842
A RESOLUTION authorizing the City Manager to execute mutual
releases terminating the proposed Purchase and
Sale Agreement for the Cascade Lumber Property in
the Cit'. of Yakima.
WHEREAS, differences have arisen between the Sellers and
the City of Yakima with respect to the proposed purchase of
the Cascade Lumber Property at 505 South 3rd Avenue, Yakima,
Washington, and
WHEREAS, the parties have agreed to execute mutual re-
leases in settlement of such disputes and differences, and
WHEREAS, the parties have agreed that the escrow fund
deposited bN, the Cit.} of Yakima shall be returned to the Cit.\
of Nakima, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Thf Cit % Manager is hereby authorized to execute the
attached mutual releases with Union Pacific Land Resources
Ccrrporatiun, Cascade Lumber Building Center, Inc., and
v,irt,J S. Ho‘,e11, copies of which are attached and Incorpo-
rated herein reference.
ADOPTED B1 THE CITY COUNCIL this /3 day of JjjP,
1,Aq0.
ATTEST
(res mt]rlses.jt)
MUTUAL RELEASE
This Release Agreement is made and entered into on day
of , 1990 by CITY OF YAKIMA, WASHINGTON, a munici-
pal corporation of the State of Washington, whose address is 129
North Second Street, Yakima, Washington 98901 and CASCADE LUMBER
BUILDING CENTER, INC., a Washington Corporation, whose address is
505 South Third Avenue, Yakima, Washington 98902.
RECITALS
A. By Purchase and Sale Agreement dated August 4, 1989,
CASCADE LUMBER BUILDING CENTER, INC. agreed to sell and CITY OF
YAKIMA agreed to purchase property at and commonly known as 505
South Third Avenue, Yakima, Washington, Parcel No. 191319-33403-0
(333) and legally described as:
Lots 2 and 3 of Short Plat No. 84-79, recorded
on April 20, 1984, under Auditor's File No.
2702480, in the records of Yakima County,
Washington.
B. Disputes and differences have arisen between CASCADE
LUMBER BUILDING CENTER, INC. and the CITY OF YAKIMA with respect
to the above -referenced Purchase and Sale Agreement. The parties
have agreed to execute this Mutual Release in settlement of such
disputes and differences.
IN CONSIDERATION of the mutual relinquishment of their
respective legal rights with reference to the above-mentioned
disputes and differences, in consideration of the execution of
this Mutual Release, in consideration of the release from escrow
of $3,050, plus interest, by CASCADE LUMBER BUILDING CENTER, INC.
to the CITY OF YAKIMA, each party for itself and legal representa-
tives, expressly releases the other, and its legal representatives
of the other from all liability for claims and demands arising out
of the agreement as above described. The parties mutually agree
(Misc\Release)
1
t -at the agreement shall be and hereby is rescinded, terminated,
and cancelled as of the day of
1990.
The escrow costs and charges incurred to date for escrow fees
shall be borne by the CITY OF YAKIMA.
Each party to this Mutual Release shall bear and pay for its
own legal fees and costs.
EXECUTED in duplicate on t day of ® 1990.
A11E$1°
City Clerk
CITY OF YAKIMA
By:
CITY MANAGER
a go CASCADE LUMBER BUILDING CENTER,
INC.
(Misc\Release)
By:
2
MUTUAL RELEASE
RELEASE AGREEMENT made and entered into on Sec• -S— , 1990,
by UNION PACIFIC LAND RESOURCES CORPORATION, a corporation of the
State of Texas, whose address is 3030 LBJ Freeway, Suite 1500,
Dallas, Texas 75234 and CITY OF YAKIMA, Washington, a municipal
corporation of the State of Washington, whose address is 129 North
2nd Street, Yakima, Washington 98901.
RECITALS
A. By Purchase and Sale Agreement dated August 4, 1989,
Union Pacific Land Resources Corporation agreed to sell and City
of Yakima agreed to purchase that property commonly known as 505
South 3rd Avenue, Yakima, Washington, Parcel No. 191319-33403-0
(333) and legally described as:
Lots 2 and 3 of Short Plat No. 84-79, recorded on
April 20, 1984, under Auditor's File No. 2702480,
in the records of Yakima County, Washington.
B. Disputes and differences have arisen between Union
Pacific Land Resources Corporation and the City of Yakima with
respect to the above -referenced Purchase and Sale Agreement. The
parties have agreed to execute this Mutual Release in settlement
of such disputes and differences.
IN CONSIDERATION of the mutual relinquishment of their
respective legal rights with reference to the above-mentioned
disputes and differences, in consideration of the execution of this
Mutual Release, and in consideration of the release from escrow of
$3,050 by Union Pacific Land Resources Corporation to the City of
Yakima, each party for itself and legal representatives, expressly
releases the other, and its legal representatives of the other from
all liability for claims and demands arising out of the agreement
as above described. The parties mutually agree that the agreement
1
shall be and is hereby rescinded, terminated, and cancelled as of
the (5,a-- day of ,O.ec e." -Ste ! , 1990.
The escrow costs and charges incurred to date shall be borne
by the city of Yakima.
Each party to this Mutual Release shall bear and pay for its
own legal fees and costs.
EXECUTED in duplicate on .2ec.t.,. Se, 5 , 1990.
co coalia
c -g
UNION PACIFIC LAND RESOURCES
CORPORATION
By
CITY OF YAKIMA
By
V`ce
Richard A. ais,
Richard A. Jr.
\16803\00002\100:tg City Manager
Attest:
2
.?
City Clerk
RESOLUTION NO.
D CC 0 4
A RESOLUTION authorizing the City Manager to execute mutual
releases terminating the proposed Purchase and
Sale Agreement for the Cascade Lumber Property in
the City of Yakima.
WHEREAS, differences have arisen between the Sellers and
the City of Yakima with respect to the proposed purchase of
the Cascade Lumber Property at 505 South 3rd Avenue, Yakima,
[Washington; and
WHEREAS, the parties have agreed to execute mutual re-
leases in settlement of such disputes and differences; and
WHEREAS, the parties have agreed that the escrow fund
deposited by the City of Yakima shall be returned to the City
of Yakima, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the
attached mutual releases with Union Pacific Land Resources
Corporation, Cascade Lumber Building Center, Inc., and
Marc; -,ret: S. Howell, copies of which are attached and incorpo-
rated herein by reference.
ADOPTED BY THF CITY COUNCIL this / day of /1�j
1`490.
ATTEST:
City Clerk
(res mtlrlses.jt)
S/ PAT
NOT
Mayor
MUTUAL RELEASE
A
This Release Agreement is made and entered into on may
of ! i
day' , 1990 by CITY OF YAKIMA, WASHINGTON, a munici-
pal corporation of the State of Washington, whose address is 129
North Second Street, Yakima, Washington 98901 and MARGARET S.
HOWELL, an individual, whose address is 218 South 25th Avenue,
Yakima, Washington.
RECITALS
A. By Purchase and Sale Agreement dated August 4, 1989,
MARGARET S. HOWELL agreed to sell and CITY OF YAKIMA agreed to
purchase property at and commonly known as 505 South Third Avenue,
Yakima, Washington, Parcel No. 191319-33403-0 (333) and legally
described as:
Lots 2 and 3 of Short Plat No. 84-79, recorded
on April 20, 1984, under Auditor's File No.
2702480, in the records of Yakima County,
Washington.
B. Disputes and differences have arisen between MARGARET S.
HOWELL and the CITY OF YAKIMA with respect to the above -referenced
Purchase and Sale Agreement. The parties have agreed to execute
this Mutual Release in settlement of such disputes and differ-
ences.
IN CONSIDERATION of the mutual relinquishment of their
respective legal rights with reference to the above-mentioned
disputes and differences, in consideration of the execution of
this Mutual Release, in consideration of the release from escrow
of $3,050, plus interest, by MARGARET S. HOWELL to the CITY OF
YAKIMA, each party for itself and legal representatives, expressly
releases the other, and its legal representatives of the other
from all liability for claims and demands arising out of the
agreement as above described. The parties mutually agree that the
(Misc\Releasel)
1
agreement shall be and hereby is rescinded, terminated, and
cancelled as of the ,`")-qday of P C ' , 1990.
The escrow costs and charges incurred to date for escrow fees
shall be borne by the CITY OF YAKIMA.
Each party to this Mutual Release shall bear and pay for its
own legal fees and costs.
EXECUTED in duplicate on day of 2( .-a '` , 1990.
City Crerk
Ors comma Na. `gyp -8i ° -5;iia
(Misc\Releasel)
CITY OF YAKIMA
Richard A. Zais, Jr.
City Manager
i Ma, garet S. Howell