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HomeMy WebLinkAboutItem 04 Krey Property Donation AGENDA ITEM SUMMARY Meeting Date: Meeting Type: Department: Staff Contact: June 4, 2007 Regular Session CMO/CAO Jerry Smith/Joe ty Leahy x3729 10 minutes S P R I N G FIE L D Staff Phone No: C I T Y C 0 U N C I L Estimated Time: ITEM TITLE: KREY PROPERTY DONATION ACTION REQUESTED: Approve/Not Approve: A motion to have the Mayor sign an Agreement by Millie Krey Regarding a Restricted Donation of Property to the City of Springfield for Support of the . Justice Center and Police Services in the Community of Springfield. ISSUE STATEMENT: Mrs. Millie Krey and her family members representing property interests of the Krey Trust have reached agreement with the City on the terms regarding the donation of the 0.9-acre property on the 4900 block on the southside of Main Street. The donation agreement (Attachment 1) includes conveying. one-half the interest in the property to the City of Springfield with restrictions on how the proceeds of any sale of the assets could be used by the City of Springfield. ATTACHMENTS: 1. Restricted Donation by Millie Krey to the City of Springfield for Support of Justice Center/Police Services in the Community of Springfield DISCUSSION/ FINANCIAL IMPACT: The donation and a subsequent sale ofthe property (valued by recent appraisal at about $327,000) would likely entail netting out some costs for legal services, and (based on a Levell Environmental Study) removal of asbestos tile and moldy debris, and other relatively incidental costs. Initial estimates are $20-25,000 for these activities and these expenses would be deducted from the proceeds after sale. RESTRICTED DONATION BY MILLIE KREY TO THE CITY OF SPRINGFIELD FOR SUPPORT OF JUSTICE CENTER/POLICE SERVICES IN THE COMMUNITY OF THE CITY OF SPRINGFIELD RECITALS : A. WHEREAS, Mildred (Millie) E. Krey and her husband Kenneth (Ken) M. Krey, now deceased, are long-time residents and supporters of the community of the City of Springfield; and, B. WHEREAS, Millie Krey and Ken Krey believe in the importance of an effective Police Department providing for a safe and liveable community; and, C. WHEREAS, Millie Krey has been a much appreciated benefactor of the Springfield Police Department including previous donations of time, energy and financial support for the Cityof Springfield K-9 Unit; and, D. WHEREAS, Millie Krey and Ken Krey executed certain declarations of trust and quitclaim deeds on December 21, 1995, which collectively created a joint trust, herein referred to as the Krey Trust, with Millie Krey and Ken Krey as the initial Trustees; and, E. WHEREAS, the Krey Trust assets included, among other things, that certain parcel of real property located at 4909, 4911 and 4915 Main Street, Springfield, Oregon, Lane County Map No. 17-02-33-32-06400 (the Property), as more particularly described on the attached Exhibit A; and, F. WHEREAS, at Ken Krey's death on June 29, 2004, the Krey Trust split into two separate and equal shares, the marital share and the non-marital share; and G. WHEREAS, Millie Krey, as the surviving Trustee, is the trustee of both shares, each of which owns, among other things, an undivided one-half interest in the Property; and ATTACHMENT 1 - PAGE 1 .. /' - H. WHEREAS, Millie Krey, as the surviving settlor of the Krey Trust has an unrestricted right to revoke or amend the marital share created under the Krey Trust and otherwise deal with the assets of the marital share as she wishes; and I. WHEREAS, the Property has an approximate real market value of $327,000 as determined by an appraisal prepared by Paul H. Schaffner, dated November 9, 2006, with an effective date of value of November 6, 2006; and, J. WHEREAS, Millie Krey wishes to donate the undivided one-half interest in the Property owned by the marital share created Under the Krey Trust to the City of Springfield for the use and support of the City of Springfield Police Department, and specifically for the support of the proposed Springfield Justice Center (Police, Court and Jail Facility) currently proposed to be built in the area bounded by A Street, C Street, Pioneer Parkway and 5th Street in downtown Springfield; and, K. WHEREAS, the City of Springfield gratefully acknowledges the gift and intends to sell the donated undivided one-half of the Property and use the net proceeds to the City from the sale for support of Police services and the Springfield Justice Center as directed by donor Millie Krey; and, L. WHEREAS, the City of Springfield is a municipal corporation of the state of Oregon and contributions to a municipal corporation are deductible if made for exclusively public purposes. NOW THEREFORE, based upon the foregoing Recitals the parties agree as follows: 1. DONft,TION. Subject to the conditions set forth in Section 3, Millie Krey (the Donor) hereby agrees to give and donate, through a separate deed, to the City of Springfield, a municipal corporation of the state of Oregon, the undivided one-half interest in the Property owned by her as trustee of the marital share created under the Krey Trust. 2. SALE OF PROPERTY. Millie Krey, as trustee of the non-marital share created under the Krey Trust, owner of the other one-half undivided interest in the Property, hereby agrees to cooperate in the sale of the Property with the City of Springfield, and agrees to allow the City of Springfield to take the lead in negotiating with potential buyers for the sale. . --------~---- ~ - -----~ . -- - - ~- --- - ---~ ATTACHMENT 1 - PAGE 2 3. CGNDmONS. The City of Springfield hereby accepts from Millie Krey, individually, and in her capacity as trustee of the marital share created under the Krey Trust, the gift described in Section 1 on the following conditions: Upon sale of the Property as set forth in Section 2 above, the City's one- half of the net sale proceeds (the City's Proceeds) are to be utilized solely for purposes of support of the Police Department and Springfield Justice Center including specifically the construction of the Police, Courts and Jail Facility as described above in Recital J. This support may be accomplished by the following actions by City: A. Purchase of the Carter Building premises located at 220 North 5th and 430 North A Street, Springfield, Oregon, including office space as well as the leasehold premises of the Lane County Justice Court and the parking lot immediately to the north. That property is known as Lane County Map Identification No. Section 35, Township -17, Range 03, Quarter 31, TL 01200-801, TL 02900-801, TL 02800, TL 01100, and TL 01000. The City agrees to use its best reasonable efforts to acquire the Carter Building. Donor understands that the City's Proceeds may be insufficient to purchase the Carter Building real property; however, Donor agrees that this condition may be complied with by the application by the City of the City's Proceeds to the purchase price of the Carter Building. Donor understands that acquisition of the Carter Building by the City of Springfield will be a major component of the Springfield Justice Center development in the fol/owing ways: The parking area north of the building will be important to the development of the Police, Court and Jail Facility. In the event the Carter Building is ultimately renovated or removed, the location occupied by the Carter Building and parking lot will be available for other municipal functions in proximity to the Police, Court and Jail Facility. Notwithstanding the foregoing, both Donor and City agree that nothing herein shall be construed as a limitation upon the power of the Common Council of the City of Springfield to sell, trade, or otherwise dispose of the Carter Building or any portion of the real property designated as the Carter Building herein in the event that the Common Council of the City of Springfield determines that it is in the public interest to do so. In the event of such sale, trade or disposition, any funds realized in the sale of said real property shall be directed and utilized as follows: -----~------- ~-- -.__~ ~___n______,_____ _~____ ___ ATTACIIMENT 1 - PAGE 3 i. For the' expenses and' costs of sale including realtor's commission, if any. ii. City of Springfield shall apply an amount received from any sale of the Carter Building not less than the net proceeds received by the City from the sale of the City's one-half undivided interest in the Property for the purposes described in Section 3B hereinbelow. iii. All remaining funds from the sale of the Carter Building may be directed and utilized for whatever purpose the Common Council in its discretion may determine. B. In the unlikely event that City is unable to acquire the Carter Building or the City determines that it is not in the public interest to acquire the Carter Building Property, Donor agrees that the City's Proceeds may be utilized for other construction and equipment purposes for the Springfield Justice Center, including specifically but not limited to radio systems, communication systems, internal security, and Annex Building upgrade. C. Except as described in Sections A or B above, no funds received by the City from the donation or derived from the sale of the City's undivided one-half interest in the Property shall be used for the purposes of General Fund operations. Funds must be specifically utilized as specified herein. 4. ACCEPTANCE. The City of Springfield hereby graciously accepts the gift of the real property from Donor, Millie Krey, subject to the conditions specified herein. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] ATTACHMENT 1 - PAGE 4 , 5. NO OTHER CONSIDERATION. Donor has received no consideration for Donor's gift other than as set forth in this document. DONOR: CITY OF SPRINGFIELD By: Mildred (Millie) E. Krey Mayor Sid Leiken By: Deborah D. Krey Christine Lundberg, Council President i. l ::- t....\;;. r:. STATE OF OREGON) ) 55. County of Lane ) ~~~~~~..:) l~\,,",,\ ,~r-TT9.-I_ c=t . . ('~. !....~:~-r\/ ''':1.T~"rC~~~t\~EY Personally appeared before me this _ day of , 200_ the above named Mildred (Millie) E. Krey, and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON) ) ss. County of Lane ) Personally appeared before me this _ day of , 200_ the above named Deborah D. Krey, and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My Commission Expires: RESTRICTED DONATION AGREEMENT Page -5- ATTACHMENT 1 *** ADDITIONAL NOTARIES ON FOLLOWING PAGES *** ATTACHMENT 1 - PAGE 5 STATE OF OREGON) ) ss County of Lane ) Personally appeared the above named Sid Leiken as Mayor for the City of Springfield and acknowledged the foregoing instrument to be his voluntary act and deed on this _ day of , 200_, Notary Public for Oregon My Commission Expires: STATE OF OREGON) ) ss County of Lane ) Personally appeared the above named Christine Lundberg as Council President for the City of Springfield and acknowledged the foregoing instrument to be his ' voluntary act and deed on this _ day of , 200_, Notary Public for Oregon My Commission Expires: RESTRICTED DONATION AGREEMENT Page -6- ATTACHMENT 1 ,ATTACHMENT ~_ ~ PAGE 6