HomeMy WebLinkAboutR-1995-035 Elks Park•
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RESOLUTION NO. R-95- 35
A RESOLUTION authorizing the execution of a real estate Purchase and Sale
Agreement with William R. Ash for property located at Elks
Park.
WHEREAS, the City of Yakima has been requested by William R. Ash,
d/b/a Central Washington Refrigeration to sell a very narrow portion of land
on the boundary line of Elks Park; and
WHEREAS, the City of Yakima Parks Commission has reviewed and
approved the sale of this property; and
WHEREAS, this sale will result in a higher community tax base with
more local employment opportunities; and
WHEREAS, the City Council of the City of Yakima has determined that the
property is surplus to the City's requirements and is no longer needed for any
purpose and that its sale to Mr Ash would be in the best interest of the citizens
of the City of Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the
attached and incorporated Purchase and Sale Agreement with William R. Ash
and to further take all necessary and prudent actions to implement and close
this real estate transaction.
ADOPTED BY THE CITY COUNCIL this 7th day of March , 1995
Q(e±
ATTEST Mayor
11s)r.s,ach purches• rp
City Clerk
PURCHASE AND SALE AGREEMENT
This Agreement is made and entered into this I3 day of UI- , 1995,
by and between the CITY OF YAKIMA, a Washington municipal corporation,
(hereinafter referred to as "Seller") and WILLIAM R. ASH, a single person,
(hereinafter referred to as "Purchaser"), WITNESSETH:
IT IS MUTUALLY AGREED by and between the parties hereto as follows:
Section 1. Purchase and Sale of the Property.
Seller hereby agree to sell and Purchaser hereby agrees to purchase, subject
to and on the terms and conditions hereinafter set forth and for the price
hereinafter fixed, certain real property in Yakima, Yakima County, Washington,
legally described as follows:
That portion of Tract 14, J. H. Hathaway's Five Acre Tracts, according to
the official plat thereof, recorded in Volume "A" of Plats, Page 26,
records of Yakima County, Washington, described as follows:
Beginning at the point of intersection of the east line of said Lot 14 with
the south right-of-way line of the Northern Pacific Railroad (now
Washington Central Railroad); thence west along said right-of-way line
5 feet; thence south parallel with the east line of said Lot 14, 250 feet,
more or less, to the north right-of-way line of "J" Street extended as
shown on the plat of Cox Addition, according to the official plat thereof,
recorded in Volume "H" of Plats, Page 22, records of Yakima County,
Washington; thence east along said extended right-of-way line 5 feet to
the east line of said Lot 14; thence north along said east line 250 feet,
more or less, to the point of beginning.
The sale property shall be referred to as the "Property."
It is understood that the sale and conveyance made pursuant to this Agreement
shall be subject to any and all applicable federal, state, and local laws, orders, rules,
and regulations.
Section 2. Purchase Price.
The purchase price for the Property to be paid by Purchaser to Seller shall be
the sum of Four Thousand Eighty -Three Dollars ($4,083.00) ("Purchase Price").
Section 3. Payment of the Purchase Price.
The Purchase Price shall be paid by Purchaser to Seller as follows:
Within twenty (20) days of execution of this Agreement by both parties,
Purchaser shall deposit the sum of Four Thousand Eighty -Three Dollars
($4,083.00), in cash or cashier's check, with Fidelity Title Insurance Company,
406 North 2nd Street, Yakima, Washington 98901 ("Title Company"), together
with all applicable closing costs.
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Section 4. Escrow.
Within twenty (20) days of execution of this Agreement by all parties, an
escrow account shall be opened with Fidelity Title Company, and Purchaser shall
thereupon deposit with the Title Company the sum of Four Thousand Eighty -Three
Dollars ( $4,083.00), together with applicable closing costs, with instructions to Title
Company to hold the same in accordance with the provisions of this Agreement. On
or before the date of closing of escrow, Seller shall deposit with Title Company a duly
executed Quit Claim Deed for the Property. Title Company shall be instructed to:
(1) deliver and record the Quit Claim Deed to Purchaser; and
(2) deliver to Seller the Purchase Price.
At closing, Purchaser shall pay the following costs:
(1) The escrow fee; and
(2) The cost of recording the Quit Claim Deed.
Section 5. Closing; Possession.
Escrow for the Property shall close on or before March 31, 1995. Purchaser
shall have the right to take possession of the property on the date of closing.
Section 6. Notices.
Any notices required or desired to be given under this Agreement shall be in
writing and personally served, given by overnight express delivery, or given by
mail. Any notices given by mail shall be sent, postage prepaid, by certified mail,
return receipt requested, addressed to the party to receive at the following address or
at such other address as the party may from time to time direct in writing:
Seller:
Purchaser:
Title Company:
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
William R. Ash
1409 West Chestnut
Yakima, WA 98902
Fidelity Title Company
406 North 2nd Street
Yakima, WA 98901
Express delivery notices shall be deemed to be given upon receipt. Postal notices
shall be deemed to be given three (3) days after deposit with the United States Postal
Service. Copies of all notices to Seller or Purchaser shall be given to Fidelity Title
Company, and copies of all notices to Fidelity Title Company shall be given to the
other party to this Agreement.
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Section 7. Assignment.
Purchaser shall not transfer or assign this Agreement, or any interest
therein, without the consent in writing of Seller, and it is agreed that any such
transfer or assignment, whether voluntary, by operation of law or otherwise,
without such consent in writing, shall be absolutely void and shall, at the option of
Seller, terminate this Agreement.
Section 8. Waiver of Breach.
A waiver by either party hereto of a breach of the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party
not in default to avail itself of any subsequent breach thereof. Leniency, delay or
failure of either party to insist upon strict performance of any agreement, covenant
or condition of this Agreement, or to exercise any right herein given in any one or
more instances, shall not be construed as a waiver or relinquishment of any such
agreement, covenant, condition or right.
Section 9. Time of the Essence.
Time is of the essence of this Agreement.
Section 10. Law Governing.
This Agreement shall be governed in all respects by the laws of the State of
Washington.
Section 11. Successors and Assigns.
Subject to the provisions of Section 7, this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their successors, and assigns.
Section 12. Entire Agreement.
It is understood and agreed that all understandings and agreements, whether
written or oral, heretofore had between the parties hereto are merged in this
Agreement, which alone fully and completely expresses their agreement, that
neither party is relying upon any statement or representation not embodied in this
Agreement, made by the other, and that this Agreement may not be changed except
by an instrument in writing signed by both parties.
Section 13. Litigation.
In the event that any suit or action is instituted by either party to enforce
compliance with or interpret any of the terms, covenants, or conditions of this
Agreement, the prevailing party shall be entitled to collect, in addition to necessary
court costs, such sums as the court may adjudge as reasonable attorney fees. The
venue for any such action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first herein written.
[SELLER]
ATTEST: CITY OF Yi KIMA, WA IINGTON
��. �b •-� /C:,6 - `" Ca1)
City Clerk
Y CONTRACT O.
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CIT
A-95-35 [PURCHASER]
By: ..��\
AC-i-Vr?
R. A. Zais, Jr., City Manager
Witness:
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By,
WILLIAM R. ASH, a single person
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of Mar. 28. 1995
ITEM TITLE: Resolution granting an easement to Old Union Irrigation Company for
an irrigation line easement at Elk's Park.
SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Econo
Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575-6042
SUMMARY EXPLANATION:
The City of Yakima's recent vacation of a portion of unimproved North Eight Avenue
together with the sale of an adjoining portion of Elk's Park to William R. Ash d/b/a
Central Washington Refrigeration will require the movement of an irrigation line owned
by the Old Union Irrigation Company. The easement deed submitted under this cover
provides for a replacement easement over and across the most easterly eight feet of
Elk's Park. Physical replacement of the line and repair to any disturbances made to
park property will be at the expense of Mr. Ash.
Resolution J Ordinance® Contract _ Other (Specify) Easement Deed. Letter
from George Pechtel
Funding Source
APPROVAL
APPROVAL FOR SUBMITTAL:
l5ity Manager
STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign
Easement Deed
BOARD RECOMMENDATION: Council Economic Development Commission has not
made a specific recommendation concerning this easement, however, all other
matters associated with this project have been recommended.
COUNCIL ACTION: Resolution No. R-95-52
NOT SUBJECT
TTAJ
REAL ES ATE EXCISE
si .01
r/
EASEMENT DEED
AUDITOR'S FILE NO.
3089545
YAKIMA r/9JNTY
WAS
HIS(' Y
THE GRANTOR, CITY OF YAKIMA, a Washington municiffS1 c53frpZria.iM,t95
for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, in hand paid, conveys and grants to the�DC PI
IRRIGATION COMPANY, a Washington nonprofit corporation, i s uwce
and assigns, GRANTEE, an easement and right-of-way for an irrigation
only across and upon the following -described real property situated in the
County of Yakima, State of Washington, to wit:
That portion of Tract 14, J. H. Hathaway's Five Acre Tracts,
according to the original plat thereof, recorded in Volume "A" of
Plats, Page 26, Records of Yakima County, Washington, described
as follows:
Beginning at the point of intersection of the East line of said Lot 14
with the South right-of-way line of the Northern Pacific Railroad
(now Washington Central Railroad); thence West along said right-
of-way line 5 feet to the true point of beginning; thence continuing
West along said right-of-way line 8 feet; thence South parallel with
the East line of said Lot 14, 250 feet more or less, to the North
right-of-way line of "J" Street extended as shown on the plat of Cox
Addition, according to the official plat thereof, recorded in Volume
"H" of Plats, Page 22, Records of Yakima County, Washington,
thence East along extended right-of-way line 8 feet; thence North
parallel with the East line of said Lot 14, 250 to the true point of
beginning.
Together with the right of ingress and egress over the adjacent
lands of the Grantor for the purposes of constructing,
reconstructing, maintaining, and removing such lines and
appurtenances and exercising other rights thereby granted.
All rights hereunder shall revert automatically to the GRANTOR
immediately upon GRANTEE'S, its successors or assigns, cessation of use of
GRANTEE'S property for an irrigation line.
DATED this 3\S day of \c ri, -A- , 1995.
ATTEST: CITY OF YAKIMA
By:
City Clerk R. A. Zais, -Jr, City Manager
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(1.).yr/r-o-....t3.j.
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that R. A. ZAIS, JR., is the
person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute tlh.e
instrument and acknowledged it as City Manager of the City of Yakima to be
the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
DATED: 3 3\-"'5
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NOTARY I • LIC in and foie the State of
Washington, residing at
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