Resolution No. 84-53 CITY OF TIGARD, OREGON
RESOLUTION NO. 84- 53
A RESOLUTION ORDERING THE SALE OF LOT ONE, PINEBROOK TERRACE, A.K.A. TAX LOT
400, SECTION 11 TOWNSHIP 2 SOUTH RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON
COUNTY, OREGON
WHEREAS, the Tigard City Council declared this property as no longer needed
for City use on August 15, 1983, and
WHEREAS, on April 17, 1984 notice was given as required by ORS 221.725, and
WHEREAS, on April 23, 1964, a public hearing was held regarding the proposed
sale and there was no testimony, and
WHEREAS, on April 26, 1984, notification was published in the Tigard Time
requesting proposals, and
WHEREAS, no proposals were received on the bid opening date of May 14, 1984,
and
WHEREAS, on July 9, 1984, an offer was received from Donald Food for $25,000
cash with earnest money of 10% with the balance to be paid in full within 45
days, and
WHEREAS, notice of public hearing was published in the Tigard Times on July
12, 1984, stating the time and place of the public hearing, a description of
the property to be sold, the proposed uses for the property and the reason why
the City Council considers it necessary or convenient to sell the property, and
WHEREAS, the City Council held a public hearing on July 23, 1984, and the
nature of the proposed sale and the general terms thereof was fully disclosed
by the Council, and any person was given an opportunity to present written or
oral testimony at the hearing, and
-WHEP,EAS, the conditions and teens--of the sale -were not disputed
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1. The Council orders the sale of the property and directs
the City Administrator to negotiate and sign the necessary
instruments which provide for the sale of the land for $25,000 cash.
Section 2. The Council agrees to the conditions of sale as outlined
in the attached Exhibit "A" Sales Agreement and Earnest Money
Receipt. --�—
PASSED: This day of 1984.
o - Cit91-of Tigard
ATT /{
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Deputy City Recorder City of Tigard
RESOLUTION NO. 84-53
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EXHIBIT "A" (Resolution No. 84-53)
SALES AGREEMENT AND EARNEST MONEY RECEIPT
® july , 1984
The undersigned purchaser offers to purchase real property owned by the City
of Tigard described as Lot 1, Pinebrofk WTerrace lfor so known
purchase as Tax of of
00,
T2S, R1W, WM, Tigard, Oregon, County Of
to wit: the earnest money and part
$25,000.00 cash on the following
payment herein receipted for $2,500.00 and upon acceptance of title and
delivery of deed, the balance of $22,500.00 cash.
The purchaser understands and agrees to the condition that this offer is
221.725,
7 r
subject to the provisions of State lam, ORS y of the City Cou c lacting uatia
hearing and approval of the sale by State law requires that the sale of the
ajori
regularly scheduled Council meeting• rice and terms shall be
above described property and that the offered p
Further, the purchaser understands that after
subjects of the public hearing.
the public hearing, the City may reject this offer for any lawful reason.
The City agrees that in the event this offer is rejected, the City will return
to the undersigned purchaser, the receipted earnest money within 30 days
without interest.
In the event the City Council orders the sale of this property to the
policy
purchaser, the City agrees to £urice from title
ish the pa rra title
insuran a icompany eshowing
in the amount of the purchase p
he event the City cannot furnish marketable
good and marketable title. In t
containing written
title within 30 days of ter n tic e,t money herein receipted f
shall be defects
delivered to the City,
within 30 days without interest.
THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY PARTICULAR USE MAY BE MADE OF THE
PROPERTY DSCRIBED IN APPROPRIATEE
ECITY OR COUNTY HPLANNING IS RDEPARTMENT TOUMENT. A UVERIFYYER HAPPROVEDOULD EUSES-CK THE
Subject to the issuance of a title insurance policy showing good and
marketable title, the City agrees to convey the property by statutory warranty
zoning ordinances,
deed free and clear of all liens and encumbrances except
ements Of
building and use restrictions, reservations
in in federal
der 1prope property ,ise s at d and
record which benefit the property
or the Pinebrook Interceptor Sewer Agreement assessment which shall become the
responsibilities of the purchaser in the amount of $1,376.49.
This offer shall automatically expire on October 19 1984.
In any suit or action brought on this agreement, the losing party agrees to
pay the prevailing parties reasonable attorney's fees to be fixed by the trial
court and on appeal by the appellant court.
The undersigned agrees to purchase the above described property in its present
condition for the price and on the terms set forth above.
Buyer
Buyer
hase the above
The City of Tigard ice and accepts
on the saidier to terms andcconditions stated above. property
for the said p
Seller - City of Tigard