HomeMy WebLinkAboutResolution 10-39 06/21/2010
RESOLUTION NO. 10-39
A RESOLUTION APPROVING THE SALE OF REAL PROPERTY AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CERTAIN
DOCUMENTS TO CONSUMMATE THAT SALE AND SETTING AN EFFECTIVE
DATE
WHEREAS, the City is the owner in fee simple absolute of certain real property acquired by
instrument recorded as R-2578-99069348, commonly known as the "Vinyard Parcel;" and
WHEREAS, the City of Springfield ("City") is the owner in fee simple absolute of certain
property acquired by instrument, Recorder's Reception No. 2009042654, in the offices of Lane
County Deeds and Records, commonly known as the "Ramsey Parcel;" and
WHEREAS, the City acquired the Vinyard Parcel to facilitate construction of the Springfield
Mill Race ecosystem Restoration Project ("the Project"); and
WHEREAS, Phase I of the project is nearing completion and it is possible to determine what
portion of the Vinyard Parcel is required for purposes of the Project; and
WHEREAS, the property to the east of the Vinyard Parcel is owned by Willamalane Park and
Recreation District ("Willamalane") and operated as Clearwater Park and Willamalane has
expressed interest in expanding Clearwater Park to include the Vinyard Parcel; and
WHEREAS, the City Manager has reported that a current appraisal indicates that the value of
the Vinyard Parcel is $350,000, on the basis of a certified appraisal; and
WHEREAS, the City Manager has reported that the value of an easement retained over the
Vinyard Parcel for purposes of the Project is valued at $26,044, and that the value of an
easement granted by Willamalane over Clearwater Park for purposes of the Project is $42,500
and
WHEREAS, the City Manager has reported that the City has granted Willamalane an easement '
over the Ramsey Parcel for purposes of the Middle Fork Multi-Use path, which easement is
valued at $510; and
WHEREAS, the City Manager has reported that Willamalane has agreed to perform certain
services for the City with respect to maintenance of educational and recreation facilities to be
established at the Mill Pond site of the project, valued at $64,926; and
WHEREAS, the City Manager has reported that the net value of these transactions, as an offset
to the appraised price of the Vinyard Parcel is $132,960; and
WHEREAS, the City Manager has reported that Willamalane has agreed to purchase the
Vinyard Parcel for $350,000, consisting of$217,040 in cash and $132,960 in other valuable
consideration as set forth above; and
WHEREAS, the City Manager has reported that Willamalane staff and City staff have agreed on
the terms of an agreement of sale of the Vinyard Parcel to Willamalane ("the Agreement"),
retaining an easement in favor of the City for the purpose of the Project, and has recommended
that the Council approve the sale and authorize him to execute the Agreement; and
WHEREAS, the proposed Agreement in the form ofa draft dated June 14,2010, is attached
hereto as Exhibit 1, and the proposed Deed is attached hereto as Exhibit 2, and both are by this
reference incorporated herein; and
WHEREAS, the Council has reviewed the Agreement and Deed and the report and
recommendation of the City Manager;
NOW, THEREFORE, NOW THEREFORE ON THE BASIS OF THE FOREGOING
RECITALS, BE IT RESOLVED AS FOLLOWS;
1. The Council finds and determines that execution of the Agreement and the Deed is in
the public interest; and
2. The City Manger be, and he hereby is, authorized and directed to execute the
Agreement and Deed on behalf of the City substantially in the form of the drafts
attached to this resolution, with such changes and he may determine are consistent
with the intent of this resolution, such determination being demonstrated by his
execution of the Agreement and Deed; and
3. That this Resolution shall take effect upon adoption by the Council and approval by
the Mayor.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of ~
for and ~ against, this 21st day of June ,2010.
ATTEST:
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RESOLUTION NO. 10-39
EXHIBIT A
SALE AGREEMENT AND
RECEIPT FOR EARNEST MONEY
DATE:
June _14_,2010
SELLER:
City of Springfield
A municipal corporation of the State of Oregon
225 Fifth Street
Springfield, OR 97477
BUYER:
Willamalane Park & Recreation District
an Oregon park and recreation district
created under the provisions of ORS Chapter 266
Recital
Seller desires to sell to Buyer and Buyer desires to purchase from Seller certain real
property with all improvements located on it commonly known as Vinyard Property [NEED
ADDRES$] , Springfield, Lane County, Oregon, having the following
leg~1 description (the AProperty@):
See Exhibit A attached hereto and incorporated herein by reference subject to a reservation of
easement as set for1h in paragraph 1.
Attachment 1
Page 3 of9
EXHIBIT A
Agreement
Now, therefore, for valuable consideration, the parties agree as follows:
1. Sale and Purchase/Consideration. Buyer agrees to purchase the Property from
Sellerend Seller agrees to sell the Property to Buyer for the following consideration (the
APurchase Price@).
Consideration of $350,000.00 apportioned as follows:
A. The sum of $217,040 in cash.
. B. The sum of $132..960 in value based on the following:
1) City will reserve an ecosystem restoration easement over the
southern portion of the property of 100 feet in width on each side
of the top of bank of the Mill Race Channel. This easement will be
, reserved in the Deed from City to Willamalane.
2) City has previously conveyed an easement to Willamalane of a
.parcel of property acquired by City from the Ramsey Trust.
. Willamalane shall construct, operate and maintain on said
easement a multi-use pedestrian and bike path (the "Middle Fork
Path") for use of residents of and visitors to Springfield.
3) Willamalane conveyance to City of an ecosystem restoration
easement over lots 300 and 400 of Clearwater Park, for
maintenance, operation and preservation of the Mill Race Inlet
Channel. '
4) Willamalane shall provide maintenance and operations of
educational and recreation facilities to be located at the site of the
former Mill Pond for a period of 10 years from the date of final
acceptance of those facilities.
2. Earnest Money. Seller hereby acknowledges receipt of the sum of
$ paid by Buyer as earnest money. The earnest money will be applied to the
Purchase Price on the Closing Date, as that term is defined below.
3. Payment of Purchase Price. The Purchase Price must be paid as follows:
Attachment 1
Page 4 of 9
EXHIBIT A
3.1 At closing, the earnest money will be credited to the Purchase Price.
3.2 At closing, Buyer must pay the batance of the purchase price in cash.
4. Closing. Time is of the essence. Closing must take place on a mutually agreed
on date, but in no event later than (the AClosing Date@). at the offices-of
Evergreen Land Title Company, 1651 Centennial Blvd., Springfield, Oregon. The terms closed,
closing or closing date mean when the deed or contract is recorded and funds are available to
Seller. Each party must pay one-half of the escrow ~ee and one-half of any recording fees.
5. Preliminary Title Report. Within 10 days after full execution of this Agreement,
Seller will furnish to Buyer a preliminary title report showing the condition of title to the Property,
together with copies of all exceptions listed therein (the A Title Report@). Buyer will have 10 days
. from receipt of the Title Report to review the Title Report and to notify Seller, in writing, of
Buyer=s disapproval of any special exceptions shown in the Title Report. Those exceptions the
Buyer does not object to are referred to below as the APermitted Exceptions.@ Zoning
ordinances, building restrictions, taxes that are not yet paid for the current tax year, and
reservations in federal patents and state deeds will be deemed Permitted Exceptions. If Buyer
. notifies Seller in writing of disapproval of any exceptions, Seller will h~lVe 15 days after receiving
the disapproval notice to either remove the exceptions or provide Buyer with reasonable
assurances of the manner in which the exceptions will be removed before the transaction closes
(the ASel/er AssurancePeriod@). If Seller does not remove the exceptions or provide Buyer with
such assurances, Buyer may terminate this Agreement by written notice to Seller given within
15 days after expiration of the Seifer Assurance Period, in which event the earnest money will
be refunded to Buyer and, when applicable, this Agreement will be of no further binding effect.
6. Conditions. Buyer and its agents must have full access to the Property for the
purpose of conducting Buyer=s inspections. Buyer agrees to indemnify and hold Seller
harmless from all loss, damage, or liability caused as a result of Buyer or Buyer=s agents=
access to the Property under this section. If Buyer is not satisfied, in its sole discretion, with the
result of Buyer=s inspections, Buyer may terminate this Agreement by written notice to Seller
given at any time before the applicable date set forth above, in which event the earnest money
must be refunded to Buyer. If Buyer fails to give any such notices of termination within the
applicable time period, this condition will be deemed to have been waived.
Attachment 1
Page 5 of9
EXHIBIT A
7. Marketable Title; Deed. 'On the Closing Date, unless agreed otherwise herein,
Seller will convey marketable title to, the Property by statutory warranty deed, free and clear of
all liens of record, excepting property taxes that are not yet payable, zoning ordinances, building
and us~ restrictions, reservations in federal patents, and the Permitted Exceptions.
8. Title Insurance. Within 15 days after closing, Seller must furnish Buyer with an
American Land Title Association owner=s policy of title insurance in the amount of the purchase
price, insuring Buyer as the owner of the Property subject only to the usual printed exceptions
and the Permitted Exceptions.
9. Taxes; Prorates. Real property taxes for the current tax year, insurance
premiums (if-Buyer assumes the existing policy), and other usual items must be prorated as of
the Closing Date. Buyer will pay Seller for remaining heating fuel, if any, at the then-current rate,
as of the Closing Date.
10.
Possession.
(1 )
closing.
Except as specified in (2), Buyer will be entitled to possession immediately on
(2) The residence on the property is subject to an existing month-to-month tenancy.
Buyer accepts property subject to the existing month-to-month tenancy and will defend,
indemnify, and hold harmless Seller from and against all claims and cau'ses of action arising
after ,closing date as a result of tenant's occupancy.
1 t. Property Included. All built-in appliances, floor coverings, window and door
screens, storm doors and windows, irrigation, plumbing, ventilation, cooling and heating fixtures
and equipment, water heaters, attached electric light fixtures, window coverings, awnings,
attached television antenna, planted shrubs, plants, and trees, and all fixtures are part of the
Property and must be left on the Property by Seller.
12. Seller=s Representations. Seller represents and warrants to Buyer that to the
best of S~lIer=s knowledge, information, and belief:
(1) Except as specified herein, the property is sold "AS IS" without any warrantys
whatsoever.
Attachment 1
Page 6 of 9
EXHIBIT A
(2)
Property.
(3) Seller has received no written notice from any governmental agency of any
violation of any statute, law, ordinance, or deed restriction, rule, or regulation with respect to the
Property .
Seller has received no written notice of any liens to be assessed against the
(4) Seller is not a foreign person as that term is defined in IRC I 1445(f)(3). On the
Closing Date, Seller will execute and deliver to Buyer a Gertification of nonforeign status on a
form required by the IRS.
All representations and warranties contained in this Agreement will survive closing and
the conveyance of t~e Property to Buyer.
13. Binding Effect/Assignment Restricted. This Agreement is binding on and will
inure to the benefit of SeUer, Buyer, and their respective heirs, legal representatives,
successors, and assigns. Buyer may assign its rights under this Agreement without Seller=s
prior written consent.
14. Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. If
the conditions described in Sections 5 and 6 above are satisfied or waived by Buyer and Buyer
fails or refuses to close this transaction, through no fault of Seller, Seller wiD be entitled to retain
or collect all earnest money paid or agreed to be paid, as liquidated damages, and this,
Agreement will be of no further effect, it being the intention of the parties that Buyer may forfeit
the earnest money and be free of any further obligations under this Agreement. If Seller fails to
deliver the deed described in Section 7 above on the Closing Date or otherwise fails or refuses
to close this transaction, through no fault of Buyer, all earnest money will be refunded to Buyer
and this Agreement will be of no further effect; it being the intention of the parties that Sellerj
may return the earnest money and be free of any further obligations under this Agreement.
15. Attorney Fees. If an action is instituted to enforce or interpret any term of this
Agreement, the prevailing party will recover from the losing party reasonable attorney fees
incurred in the action as set by the trial court or arbitrators, as the case may be,' and, in the
event of appeaJ" as set by the appellate courts.
\
16. Notices. All notices, and communications in connection with this Agreement must
. be,given in writing and will be transmitted by certified or registered mail, return receipt
Attachment 1
Page 7 of 9
EXHIBIT A
requested, to the appropriate party at the address first set forth above. Any notice so transmitted
will be deemed effective on the date it is placed in the United States mall, postage prepaid.
Either party may, by written notice, designate a different address for purposes of this
Agreement.
17. Entire Agreement. This Agreement sets forth the entire understanding of the
parties with respect to the purchase and sale of the Property. This Agreement supersedes any
and all prior negotiations, discussions, agreements, and understandings between the parties.
This Agreement may not be modified or amended except by a written agreement executed by
both parties.
18. Applicable Law. This Agreement will be construed,' applied, and enforced in
accordance with the laws of the ,state of Oregon.
19. Acceptance. This Agreement will be null and void unless accepted by Seller, by
Seller=s execution of it, on ,or before July 9, 2009.
20. Counterparts. This Agreement may be executed in one or more counterparts,
including facsimile counterparts, and all so executed shall constitute one agreement, binding on
all the parties to this Agreement, even though all parties are not signatories to the original or the
same counterpart. Any counterpart of this Agreement, which has attached to it separate
signature pages, which altogether contain the signatures of all parties, is for all purposes
deemed a fully executed instrument.
,21. Statutory Warning. THE PROPERTY DESCRIBED IN THIS INSTRUMENT
MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE
PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE
AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN
ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON=S
RIGHTS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.336 AND SECTIONS
5 TO 11. CHAPTER 424, OREGON LAWS 2007. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
Attachment 1
Page 8 of9
EXHIBIT A
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED
LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED
USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION 'FOR
STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL
ASSESSMENT UNDER ORS 358.505. ORS358.515 REQUIRES NOTIFICATION TO THE
STATE HISTORIC PRESERVATION OFFICER OF SALE OR TRANSFER OF THIS
PROPERTY.
SELLER:
BUYER:
Dated:
, 201 0
Dated:
,2010
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Attachment 1
Page 9of9
BARGAIN AND SALE DEED
Tax Map & Lot Numbers
18-02-08-00 TL 00500 (on the date of execution)
KNOW ALL BY THESE PRESENTS, that the City of Springfield, a municipal corporation of the State of
Oregon, Grantor, in Consideration of the acceptance by Willamalane Park and Recreation District.
a special district of the State of OreQon Grantee, acting by and through its City Manager
authorized by its City Council, hereby grants, bargains, sells, and conveys unto the said Grantee, its
successors and assigns, all the following real property, with the tenements, hereditaments and
appurtenances, situated in Lane County, in the State of Oregon, described as follows:
SEE EXHIBIT "A" and EXHIBIT "C"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
TO HAVE AND TO HOLD, the above described and granted premises unto the said Grantee, its
successors and assigns forever, but subject to the following:
SAID GRANTOR RESERVES AN ECOSYSTEM RESTORATION EASEMENT, described as follows:
SEE EXHIBIT "B" and EXHIBIT "C"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
WITNESSETH: Grantors hereby reserve a perpetual and assignable right and easement in, on, over and
across the lands of the Grantors described in said EXHIBIT "B" attached hereto, to construct, operate,
maintain, repair, alter, rehabilitate, remove, replace and monitor features of the Springfield Mmrac.e
Aquatic Ecosystem Restoration Project including: vegetative plantings; modifications and improvements
within and adjacent to the stream or shore for grade control, or bank stabilization purposes; fish and wildlife
habitat or other ecosystem restoration improvements; placement of materials or structures in the~,
banks, or shorelines that influence stream velocity or channel form; removal or placement of grave+s,
cobbles, and boulders, and other structures or conveyances to recharge or maintain flow to existilJi
wetlands; together with the right to remove structures or obstructions induding levees; the right to construct,
operate and maintain a path area for maintenance, recreational purposes, public viewing of the Project;
reserving, however, to the owners, their heirs and assigns, all other rights and privileges lliatmaybe used
without intertering with or abridging the enumerated rights and easement hereby conveyeti.
THE TRUE CONSIDERATION for this conveyance is: $350,000 (OF WHICH $217,040 IS CASH AND
$132,960 IS OTHER THAN MONETARY CONSIDERATION).
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT
THE PERSON'S RIGHTS, IF ANY, UNDER SECTIONS 2, 3 AND 5 TO 22 OF CHAPTER 424, OREGON LAWS 2007 f9At.i..(JT
MEASURE 49 (2007)). THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE lAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF lAND BEING TRANSFERRED IS A lAWFULLY ESTABLISHED lOT
OR PARCEL, AS DEFINED IN ORS 92,010 OR 215.010, TO VERIFY THE APPROVED USES OF THE lOT OR PARCEL, TO
DETERMINE ANY liMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO
INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER SECTIONS 2, 3 AND 5 TO 22 OF
CHAPTER 424, OREGON LAWS 2007 (BALLOT MEASURE 49 (2007)).
AFTER RECORDING RETURN TO:
Willamalane Park and Recreation District
,
250 S, 32nd St. Springfield. OR 97477
SEND TAX STATEMENT TO:
Willamalane Park and Recreation District
250 S, 32nd 51. Springfield. OR 97477
l:\misc projects\CITY SUR VEYS\Vinyard\Bargain & Sale Deed VINY ARD.docx
REVISED: June, 2009
APPROVED on , 20 by the City Manager of the City of
Springfield being duly authorized by the City Council to represent the City of Springfield in the above matter,
GINO GRIMALDI - CITY MANAGER
AMY SOWA - CITY RECORDER
STATE OF OREGON
COUNTY OF LANE
} 58
This instrument was acknowledged before me on
,20 by
of CllY OF SPRINGFIELD
GINO GRIMALDI
as CllY MANAGER
NOTARY PUBLIC FOR OREGON
THE CONVEYANCE set forth in this instrument conveying title or interest to:
Willamalane Park and Recreation District as
a special district
of the State of Oregon
is hereby approved, and the title or interest conveyed therein is hereby accepted.
Willamalane Park and Recreation Dist., a special district of the State of Oregon (name of organization)
By:
(signature)
Date:
NAME AND TITLE: ROBERT W. KEEFER, SUPERINTENDENT
I:\misc projects\CITY SURVEYSWinyard\Bargain &. Sale Deed VINY ARD.docx
REVISED: June, 200,9
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EXHIBIT "A"
That portion of Sections 5 and 8 South, Range 2 West, Willamette Meridian, in Lane County,
Oregon, described as follows:
Beginning at the Southwest corner of D, Arthur Donation Land Claim No. 63, in Township 18
South, Range 2 West, Willamette Meridian;
thence South 16.66 chains;
thence South 39045' East to the line of ordinary high water on the right bank of the Middle Fork of
the Willamette River;
thence easterly following the line of ordinary high water on the right bank of the Middle Fork of
the Willamette River upstream to its intersection with the East line of the J. Magness Donation
Land Claim No. 50 in Township 18 South, Range 2 West, Willamette Meridian;
thence North to the most easterly Northeast corner of the J, Magness Donation Land Claim No. 50,
in Township 18 South, Range 2 West, Willamette Meridian;
thence West 10.0 chains to the Point of Beginning, in Lane County, Oregon,
EXCEPT that portion of the bed of the Middle Fork of the Willamette River described in Deed to
the State of Oregon, Recorded June 23, 1976, Reception No. 76-31068, Lane County Oregon
Records.
I:\misc projects\CITY SURVEYSWinyard\Bargain & Sale Deed VINY ARD,docx
REVISED: June, 2009
EXHIBIT "B"
BCOSVSTENl RESTORA TJON EASEMENT
described herein below olid desigrwted as "EXHfBIT B" 011 ('EXHIBIT C'
That portion of Sections 5 and 8 South, Range 2 West, Willamette Meridian, in Lane County,
Oregon, described as follows:
Beginning at a point which is 757.76 feet South of the Southwest corner ofD. Arthur Donation
Land Claim No. 63, in Township 18 South, Range 2 West, Willamette Meridian;
thence North 400 33' 38" East a distance of 50.44 feet;
thence North 490 12' 51" East a distance of 141.79 feet;
thence North 600 16' 57" East a distance of 107,94 feet;
thence North 620 55' 31" East a distance of 80,28 feet;
thence North 740 30' 38" East a distance of 149,81 feet;
thence North 790 59' 00" East a distance of 128.94 feet;
thence South 880 26' 04" East a distance of87.22 feet;
thence South a distance of 300.83 feet;
thence North 850 44' 53" West a distance of 55.80 feet;
thence South 790 59' 00" West a distance of93.64 feet;
thence South 740 30' 38" West a distance of 105.03 feet;
thence South 620 55' 31" West a distance of 42.93 feet;
thence South 600 16' 57" West a distance of71.95 feet;
thence South 490 12' 51" West a distance 0 f 90.02 feet;
thence South 40033' 38" West a distance of71.24 feet;
thence South 460 53' 34" West a distance of226.56 feet;
thence North 390 45' 00" West a distance of 53,52 feet;
thence North a distance of 341.80 feet to the Point of Beginning in Lane County, Oregon.
Containing 5,3 acres.
I:\misc projects\CITY SUR VEYS\Vinyard\Bargain & Sale Deed VINY ARD.docx
REVISED: June, 2009
EXHIBIT C - VINYARD PROPERTY
SOUTHWEST
CORNER OF D.
ARTHUR DONATION
LAND CLAIM NO. 63,
POINT OF
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