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Resolution No. 09-09 CITY OF TIGARTD, OREGON TIGARD CITY COUNCIL SOLUTION" NO. 09 A RESOLUTION AUTHORIZING THE CITY OF TIC=ARIA" TO PURCHASE THE WATER BUILDING REMNANT T PARCEL WHEREAS, the City desires to purchase the real Property described in Exhibit A attached hereto, commonly known as the Water Building Remnant Parcel (the "Remnant Parcel"}, subject to certain terms and conditions; and WHEREAS, the Tigard City Council desires to authorize the City to submit a bid to purchase the Remnant Parcel;and WHERE S,the City was granted a tight of first refusal by the owners of the Remnant Parcel in Paragraph 19 of that certain Tenancy in Common Agreement dated June 25,2007;and WHEREAS; in the event any bids for the Remnant Parcel are submitted which include a purchase price in excess of the purchase puce set forth in the City's bid., the City Council authorizes the City to execute its light of first refusal for the Remnant Parcel,and WHEREAS, the City desires to authorize the City Manager to undertake all tasks necessary in connection with completing the purchase of the Remnant Parcel, including without limitation accepting and executing a deed and paying the purchase price. NOW,THEREFORE,BE IT RE,SOLVE by the Tigard.City Council that. SECTION 1. City is authorized to purchase the RemnantParcel, subject to the minimum terms and conditions as set forth below: A. The true and actual consideration for this conveyance shall be not less than$50,000.00 in an all cash payment at closing. B. City accepts the Remnant Parcel "AS IS" and "WITH ALL FAULTS AND DEFECTS." C. Sellers make no warranties or representations of any kind, including but not limited to warranties or representations of the condition of the Remnant Parcel. D. The City of Tigard has an existing right of first refusal to purchase the Remnant Parcel. SECTION 2: The City Manager is authorized to submit a bid for the Remnant Parcel in the forth attached hereto as Exhibit B, and to send the right of first refusal notice attached hereto as Exhibit C. SECTION 3 In the event any bids for the Remnant Parcel are submitted which include a purchase price in excess of the purchase price set forth in the City's bid,the City Manager is authorized to execute and submit the City's right of first refusal. RESOLUTION NO. 09 - Page 1 SECTION 4: The City Manager is authorized to undertake all other tasks necessary in connection with the purchase of the Remnant Parcel,including without limitation accepting and executing a deed substantially in the form attached hereto as Exhibit D and any other ancillary closing documents and paying the purchase price. SECTION 5: This resolution is effective immediately upon passage. PASSED: This 4 day of , �hA UaITM 2009. Nfayor/-City of Tigard ATTEST ax oAs a7U--t,-,e, City Recorder-City of Tigard 0 Exhibit A—Leo Description of Remnant Parcel Exhibit B—Bid for Purchase of Water Building Remnant Parcel Exhibit C—Notice Regarding Right of First Refusal Exhibit D—Bargain and Sale Deed RESOLUTION NO.09 - Page 2 Exhibit A Legal Description of the Water Building Remnant Parcel The Remnant Parcel consists of the following two parcels: PARCELI A parcel of land lying in the NE% of Section 2, Township 2 South, Range I West, W.M., Washington County, Oregon, and being a portion of that property described as Parcel I in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land 37.50 feet in width, lying on the southwesterly (right) side of the center line of relocated Burnham Street, which center line is described as follows: Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2, Township 2 South, Range 1 West, W.M.; thence South 4301611" East, a distance of 1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central angle of 62056'27", a distance of 302.09 feet (chord bears South 74044'24" East, a distance of 287.13 feet); thence North 7304722" East, a distance of 76.44 feet to Engineer's center line Station 22+27.81. Bearings are based on the Oregon Coordinate System of 1983, north zone. This parcel contains 1,993 square feet, more or less, outside of the existing right of way. PARCEL 2 - Remainder A parcel of land lying in the NE% of Section 2, Township 2 South, Range I West, W.M., Washington County, Oregon, and being a portion of that property described in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property lying southwesterly of above-described Parcel 1. This parcel contains 3,537 square feet, more or less. The total of Parcels I and 2 contain 5,530 square feet, more or less. I Exhibit B BID FOR PURCHASE OF WATER BUILDING REMNANT PARCEL The City of Tigard (hereinafter"Tigard") below hereby offers to purchase the real property known as the Water Building Remnant Parcel, subject to the terms and conditions set forth below. The said Water Building Remnant Parcel is more particularly described as follows: See Attached Exhibit A The Bid for the Water Building Remnant Parcel is an amount not to exceed: Fiftv Thousand Dollars ($50.000.00 I Tigard is in receipt of and acknowledges that this bid is subject to the following minimum terms and conditions: 1. The true and actual consideration for this conveyance shall be not less than $50,000.00 in an all cash payment at closing. - 2. Buyer takes the real property and title "AS IS" and "WITH ALL FAULTS AND DEFECTS." 3. Sellers make no warranties or representations of any kind (including but not limited to warranties or representations of the status of title or of the condition of the real property). 4. The City of Tigard has an existing right of first refusal in the sale of the property. City Manager, authorized by City Council Resolution No. 09- to submit this bid. Dated this_day of 2009. I-DID FORM Exhibit A. Legal Description of the Water Building Remnant Parcel The Remnant Parcel consists of the following two parcels: PARCEL A parcel of land lying in the NEY4of Section 2, Township 2 South, Range I West, W.M., Washington County, Oregon, and being a portion of that property described as Parcel I in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land 37.50 feet in width, lying on the southwesterly (right) side of the center line of relocated Burnham Street, which center line is described as follows: Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2, Township 2 South, Range 1 West, W.M.; thence South 43°10'11" East, a distance of 1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central angle of 62115627", a distance of 302.09 feet (chord bears South 74144'24" East, a distance of 287.13 feet); thence North 73047'22" East, a distance of 76.44 feet to Engineer's center line Station 22+27.81. Bearings are based on the Oregon Coordinate System of 1983, north zone. This parcel contains 1,993 square feet, more or less, outside of the existing right of way. PARCEL 2 - Remainder A parcel of land lying in the NE% of Section 2, Township 2 South, Range I West, W.M., Washington County, Oregon, and being a portion of that property described in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property lying southwesterly of above-described Parcel 1. This parcel contains 3,537 square feet, more or less. The total of Parcels I and 2 contain 6,530 square feet, more or less. Exhibit C City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 , 2009 Chairperson Intergovernmental Water Board 13125 SW Hall Blvd. Tigard, OR 97223 Re: Notice Regarding Right of First Refusal I Water Building Tenancy in Common Agreement; Exercise of Right of First Refusal Sir or Madam: The Tenancy In Common Agreement Memorandum, attached hereto as Exhibit A, describes certain real property kno,,Aqi as the "Remnant Parcel"and serves as the Intergovernmental Water Board's notice of its decision to sell said property. The City of Tigard is in receipt of this notice and pursuant to Section 19 of the Tenancy in Common Agreement dated June 25, 2007,the City of Tigard elects to exercise its right of first refusal for the Remnant Parcel if necessary. Sincerely, CITY OF TIGARD Craig Prosser City Manager Exhibit A—Tenancy In CononAgreement Memorandum 50014-36792.003 Remnant 1?0r/2 Leiterdo6GI112812009 Exhibit A TENANCY IN COMMON AGREEMENT MEMORANDUM THIS TENANCY IN COMMON AGREEMENT MEMORANDUM ("Memorandum") is made as of the date of the last signature below by and among the City of Tigard, City of Durham, City of King City and the Tigard Water District (collectively, the "Owners"). RECITALS A. Owners are parties to that certain Tenancy in Common Agreement dated June 25, 2007 (the "TIC"). Capitalized terms used but not defined herein shall have the meanings asset forth in the TIC. & Pursuant to the TIC, at least three (3)of the four(4) representative jurisdiction Owners must vote to sell a portion of the Water Building Property(the "Remnant Parcel"). The Remnant Parcel is more fully described on Exhibit A attached hereto. C. The parties wish to memorialize their vote and certain other matters relating to the sale of the Remnant Parcel. APPROVALS I. Sale of Remnant Parcel. The Owners have voted, by a majority, to sell the Remnant Parcel subject to City of Tigard's right of first refusal. The Remnant Parcel may not be sold for less than the appraised value. 2. Notice to City of Tigard: This fully-executed Memorandum shall serve as the notice from the Owners to the City of Tigard of the option to exercise its right of first refusal, as required pursuant to the TIC. 3. No Adjustment. As of the date hereof, no adjustment is needed pursuant to the TIC to the ownership percentages in order to reflect any population change or for any other reason. Upon the sale of the Remnant Parcel, the Remnant Parcel shall automatically be released from the TIC. 4. Water Building Lease Not Affected. The parties confirm that the Remnant Parcel is not included in the leased premises described in the Water Building Leaser 5. 'Counterparts. This Memorandum maybe executed in counterparts, each of which, when taken together, shall constitute a fully executed original. [Signature page follows.] Page I -MEMORANDUM 50014-36792.003 148057.docIOXV1111112008 II*4 WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described matters. CITY OFTIGARD,an Oregon municipa CITY 4h DURHAM,an Oregon municipal corporatio corporation By: By. Name: ��� � ? lit r� / J Name F 1C.V. )� . C AV—VZ6 1WL... Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: c l0 L Dated: 0 CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal corporation municipal service distriu By: By: Name . ' Name: c*i Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: t o Dated: , Exhibit A—Remnant Parcel Page 2 - MEMORANDUM 50014-36792.003 148057 dod0AW1114112008 a E' �r s ,;_,` ,zz�s; f'a r ,:,� f f °r{��n'sd Y#7 n�rt f r%rfaa'r�'✓zf'' s r P f%✓�s.hz)� a{ r f r" r � }� xr ,} z � l✓;,✓' sd a r r ,� s�zr z f, INS,,.m r air zvs�r ef $�` a f F 1�ti,�.,'r is yy yy,4��rr lr r r2 tf r" ,ice ✓�„�f at P'u`�,r r' ��,rf?I{ $ <''"`� t,.�za �,�' �xz r,?f�f • " X% l�sr 9' j�,y�f t# -�` -201 Egl ' ?#`}' *,. r r ✓`fav �w i m ao m Exhibit D AFTER RECORDING RETURN TO: City of Tigard Records Division 13125 SW Hall Blvd. Tigard OR 97223 UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENTS TO City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 This space is reserved for recorder's use. BARGAIN AND SALE DEED Effective as of , 2009 (the"Effective Date"), KING'CITY, an Oregon municipal corporation, CITY OF DURHAM, an Oregon municipal corporation, and TIGARU WATER DISTRICT,an Oregon municipal service district(collectively"Grantors", and each individually a"Grantor"),convey to the CITY OF TIGARD, an Oregon municipal corporation ("Grantee"),all of each such Grantor's undivided tenant-in-common interest in the following described real property (the"Property"): See Exhibit A attached hereto and incorporated herein. Granters and Grantee hereby agree that,as of the date of recording of this Bargain and Sale Deed,the Property shall be released from that certain Tenancy in Common Agreement between Grantors and Grantee dated June 25, 2007. The true consideration for this conveyance is ($ ). 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. 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 215.410, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, T07 DETERMINE ANY LIMITS ON Page I —BARGAIN AND SALE DEED -Water Building Remnant Parcel LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN CARS 30.930, 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 I 1 CHAPTER 424, OREGONLAWS" 2007. [Signature and acknowledgment Pages follow.] Page 2--BARGAIN AND SALE DEED - Water Building Remnant Parcel GRANTOR: KING CITE', an Oregon municipal corporation By. Name: Title:. STATE OF OREGON ) ss. County of This instrument was acknowledged before me on , 2009,by as of King City, an Oregon municipal corporation. NOTARY PUBLIC FOR OREGON My Commission Expires" [Bargain and Sale Deed Signature and Acknowledgement Page] Page 3 —BARGAIN AND SALE DEED- Nater Building Remnant Parcel GRANTOR: CITY"OF DURHAM, an Oregon municipal corporation By Name: Title: STATE OF OREGON } )ss. County of_ } This instrument was acknowledged before ane on , 2009;by as of the City of Durham, an Oregon municipal corporation. NOTARY PUBLIC FOR OREGON My Commission Expires; [Bargain and Sale Deed Signature and Acknowledgement Page] Page 4—BARGAIN AND SALE DEED- Water Building Remnant Parcel GRANTOR: TIGARD WATER DISTRICT, an Oregon municipal service district By Dame: Title; STATE OF OREGON ) ss. Countyof This instrument was acknowledged before me on ,2009,by as ofthe`Tigard Water District, an Oregon municipal service district. NOTARY PUBLIC FOR OREGON My Commission Expires' [Bargain and Sale Deed Signature and Acknowledgement Page] Page 5 —BARGAIN AND SALE DEED - Water Building Remnant Parcel ACCEPTED AS OF THE EFFECTIVE DATE: CITY OF TIGARD,an Oregon municipal corporation By. Name: Title: STATE OF OREGON } )ss. County of I This instrument was acknowledged before me on , 2009,by as of the City of Tigard, an Oregon municipal corporation, NOTARY PUBLIC FOR OREGON My Commission Expires: Page 6—BARGAIN AND SALE DEED- Water Building Remnant Parcel Exhibit A Legal Description of the Water Building Remnant Parcel The Remnant Parcel consists of the following two parcels: PARCEL A parcel of land lying in the NE% of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described as Parcel I in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land 37.50 feet in width, lying on the southwesterly (right) side of the center line of relocated Burnham Street, which center line is described as follows: Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2, Township 2 South, Range I West, W.M.; thence South 43°16'11" East, a distance of 1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central angle of 6205627", a distance of 302.09 feet (chord bears South 74144'24" East, a distance of 287.13 feet), thence North 7304722" East, a distance of 76.44 feet to Engineer's center line Station 22+27.81. Bearings are based on the Oregon Coordinate System of 1983, north zone, This parcel contains 1,993 square feet, more or less, outside of the existing right of way. PARCEL 2 - Remainder A parcel of land lying in the NE% of Section 2, Township 2 South, Range I West, W.M., Washington County, Oregon, and being a portion of that property described in that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of Washington County Book of Records; the said parcel being that portion of said property lying southwesterly of above-described Parcel 1. This parcel contains 3,537 square feet, more or less. The total of Parcels 1 and 2 contain 6,530 square feet, more or less.