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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 /{ .281✓L• Deputy City Recorder City of Tigard RESOLUTION NO. 84-53 i t 9 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