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HomeMy WebLinkAboutR-1994-135 Quit Claim DeedRESOLUTION NO. R-94 l 35 A RESOLUTION authorizing and directing the Mayor of the City of Yakima to sign a Quit Claim Deed and deliver the Deed to the Yakima School District. WHEREAS, on April 10, 1978, pursuant to City Council Resolution No. D-3884, the City of Yakima accepted a grant of real property from Yakima School District No. 7 for recreational purposes; and WHEREAS, the granted real estate has been used for the construction and operation of tennis courts in the vicinity of Washington Middle School; and WHEREAS, the Yakima School District has informed the City Council that it plans to reconstruct Washington Middle School, thereby requiring use of the property currently occupied by the City's tennis courts; and WHEREAS, the Yakima School District has offered to reconstruct tennis courts and/or basketball units on adjacent property owned by the City of Yakima and currently known as Martin Luther King Park to replace the existing tennis courts that are proposed to be used in the school reconstruction project; and WHEREAS, the City Council of the City of Yakima finds it is in the best interest of the City of Yakima to accept this proposed transaction, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor of the City of Yakima is hereby authorized and directed to execute the attached Quit Claim Deed and have the Deed delivered to the Yakima School District. ADOPTED BY THE CITY COUNCIL this2- II day of (Deto 0 , 1994. ATTEST: Mayor 2 /2� City Clerk (1s1res/quitclaim rp C VV) QUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of Ten Dollars ($10.00), conveys and quit claims to YAKIMA SCHOOL DISTRICT NO. 7, a municipal corporation, GRANTEE, all right, title, and interest in the following -described real estate, situated in the County of Yakima, State of Washington, to wit: Legal Description for Washington Junior High Tennis Court Property That portion S.E. 1/4 of Section 19 T. 13 N.R. 19 E. WM of Block 156: "Home Addition to North Yakima, W.T." (now Yakima, Washington), as recorded in Volume A of Plats, Page 23, Records of Yakima County, Washington; and that portion of vacated South 8th Street described as follows: Beginning at the southwest corner of said Block 156, thence northerly along the west line of said Block 156, 101 feet; thence easterly, parallel with the south line of said Block 156, 400 feet to the west line of Block 176 of said "Home Addition"; thence southerly along the west line of said Block 176, 101 feet to the southwest corner of said Block 176; thence westerly, 400 feet to the point of beginning. This conveyance is made to facilitate the construction by GRANTEE of a new Washington Middle School using the above-described property, and, at the same time, to provide for relocation and reconstruction of six (6) existing tennis courts/basketball units on adjacent City -owned property within Martin Luther King Park. Therefore, fee simple determinable title to the above-described real property as conveyed by this deed shall remain vested in GRANTEE; provided, however, that fee title to said real property shall revert to and revest in GRANTOR in the event GRANTEE does not relocate and reconstruct the six (6) existing tennis courts/basketball units on the north end of Martin Luther King Park adjacent to Washington Middle School, in accordance with plans and specifications to be approved by the City of Yakima Parks and Recreation Division, within two (2) years of commencement of construction of the new Washington Middle School, or January 1, 1998, whichever occurs earlier. The tennis courts/basketball units shall be any combination of single -purpose tennis courts or basketball courts as designated by the City of Yakima Parks and Recreation Division, with the total number of such courts not to exceed six (6). Upon completion of such relocation and reconstruction of the tennis courts/basketball units in accordance with the terms hereof, Page 1 of 2 (1s)deed/quit claim/yakima school dist.rp GRANTOR shall execute and deliver to GRANTEE an instrument removing and extinguishing the provision for reverter set forth above. DATED this ) day of h °"t ,1994. A iTEST: KC -.Q 2 City Clerk STAih OF WASHINGTON :ss. County of Yakima CITY OF YAIQMA PAT BERNDT, Mayor I certify that I know or have satisfactory evidence that Pat Berndt is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Yakima, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DA'T'ED:�//j/9V Page 2 of 2 (1s)deed/quit claim/yakima school dist.rp NOTARY PUBLIC'i ( and for the State of Washington, residing at _Ya Ki ma . My commission expires: ,3/30/9h . RESOLUTION NO. .1)- 3FPV A RESOLUTION accepting the grant of real property from Yakima School District No. 7 for recreational purposes. WHEREAS, pursuant to arrangements between the City and Yakima School District No. 7, the school district has delivered to the City the attached deed, conveying property to the City for recreational purposes subject to the provisions, terms and conditions of the attached deed, and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City that the grant of the attached deed be accepted by the City, subject to those stated provisions, terms and conditions, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima does hereby accept delivery of the attached warranty deed from Yakima School District No. 7, and accepts the grant of title to the real property described therein, subject to the provisions, terms and conditions thereof. ADOPTED. BY THE CITY COUNCIL this /0 day of 1978. ATTEST: ---Aliti211411124L—Mayor WARRAITY PEED Yakina School District No. 7, a municipal corporation, Grantor, for valuable consideration received, does hereby grant, convey and warrant to the City of Yakima, a municipal corporation, the following described parcels of real property situated in the City of Yakima, Yakima County, Washington, to - wit : Legal Description for Washington Junior High Tennis Court Property That portion S.E. 1/4 of Section 19 T. 13 N.R. 14E. WY of Block 156: "Home Addition to :forth Yakima, W.T." (now Yakima, Washington), as .recorded in Volume A of Plats, Page 23, Records of Yakima County, Washington; and that portion of vacated South 8th Street described as follows: P.evinning at the southwest corner of said Aloc1: 156, thence northerly along the west line of said Block 156, 101 feet; thence easterly, parallel with the south line of said Block 156, Lion feet to the west line of Block 176 of said "More Addition;" thence southerly along the west line of said Block 176, 101 feet to the southwest corner of said Block 176; thence westerly, 400 feet to the point of beginning. This conveyance is made to facilitate the construction by Grantee of six tennis courts on property described above, so that such parcels and improvements to be constructed thereon will be used as recreational facilities, including the use thereof by Grantor pursuant to agreements to be made from time to time between Grantor and Grantee for such use. THEREFORE, title to the above property, as conveyed by this deed, shall remain and vest in Grantee only so long as the following conditions are met, to -wit: 1. The property described above shall be used exclusively for recreational purposes as tennis courts and outdoor basket- ball units with related facilities; 2. The property shall be subject to use by Grantor pursuant to agreements to be nade from time to time between Grantor and Grantee for such use and the Grantee further agrees to provide for maintenance of the property as a recreational facility; 3. Grantee shall not sell, lease nor otherwise alienate title to the above described property without first obtaining the written approval of Grantor. In the event of the breach by Grantee of any of the fore - Poing conditions, title to the above described property shall revert to and revest in Grantor. Dated this day of N � /f71 YAK:I`A, SCHOOL DISTRICT NO. a municipal cooperation. 0 7, onstituting the =• ar o 'irectors of Yakima School District No. 7 STArr nF WASHIN!GTON) ss. COUNTY OF YAYIMA ) On the 30'i. day of March, 1978, before me personally appear- ed t!rs. Virginia Hislop, Chairman, JoAnne Yost, Chuck Nelson, 1)r. Dale hiller and Dr. Mike Taylor, to me known to be the Hoard of Directors of Yakima School District No. 7, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated they are authorized to execute said instrument and that the seal affixed is the corporate seal of said municipal. corporation. 14 WITNESS W FREOF, I have hereunto set my hand and affixed any official seal the day and year in this certificate above written. C sn� an for the State of Washington, residing at Yakima.