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Resolution No. 09-07 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09-0-/ A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO SELL THE WATER BUILDING RE NINANT PARCEL WHEREAS,in accordance with: (r) OARS Chapter 190, (ii) the agreement with and resolutions of the City of Ding City,City of Durham,and the Tigard Water District,and(4 Resolution No. 08-69, the City of Tigard C'City") declared the real property described in Exhibit A attached hereto (the"Remnant Parcel' as surplus property;and WHEREAS,on February 5,2009,the City published a notice of public hearing for the sale of the Remnant Parcel;and WHEREAS,on February 10,2009, the City held a public hearing for the sale of the Remnant Parcel;and. WHERE AS,the Tigard City Council finds that it is in the public interest to sell the Remnant Parcel,subject to certain minimum acceptable tertns;and WHEREAS,the City desires to authorize the City Manager to undertake all tasks necessary in connection with the completion of the sale of the Remnant Parcel. NOW,THE RE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Remnant Parcel shall be sold according to the procedures set forth in Section 3.44.015`of the Tigard Municipal Code ("TMC"), subject to the i inimuin acceptable tens set forth in Section 3,below. SECTION 2: Pursuant to TMC 3.44.015 F, City is required to publish a public notice soliciting sealed bids for the purchase of the Remnant Parcel. Therefore,on or before February 19, 2009, the City Manager shall publish a public notice in the'form attached hereto as Exhibit B. The bid deadline shall be 9:30 a.m. on Match 5,2009: The bids shall be opened immediately after the deadline has passed. City may exercise its right of first refusal. SECTION 3 The minimal acceptable terms for the sale of Remnant Parcel shall be: 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. Buyer accepts the Remnant Parcel "AS IS" and "WITH ALL FAULTS AND DE1 ECTS." C. Sellers make no warranties or representations of any kind, including but not limited to warranties or representations of die condition of the Remnant Parcel. D. The City of Tigard has an existing right of first refusal to purchase the Remnant Parcel. RESOLUTION NO.09 Page 1 SECTION 4: The City Manager is authorized to undertake all tasks necessary in connection with the completion of the sale of the Remnant Parcel, including executing the deed and any ancillary closing documents and collecting the purchase price. SECTION 5: This resolution is effective immediately upon passage. PASSED: This t41- day of&"(AW 2009. Ma fkv-- gy of Tigard ATTEST: City Recorder-City of Tigard Exhibit A-Legal Description of the Remnant Parcel Exhibit B-Public Notice of Sealed Bid Solicitation RESOLUTION NO.09 - Page 2 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 NEVI 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 43016'11" 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 741,4424" 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 1 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. Exhibit B PLEASE PLACE UNDER, CITY OF TIGARD LOGO IN THE LEGAL NOTICE SECTION OF TIGARD TIMES, THE FOLLOWING: PUBLIC NOTICE OF SEALED BID SOLICITATION Pursuant to an intergovernmental agreement with the City of King City, City of Durham and the Tigard Water District, the City of Tigard,Oregon,is soliciting sealed bids for the purchase of a.13-acre surplus real property,depicted as the "Remnant Parcel"on the attached map. The property is located across the street from the Tigard Public Works Building at 8777 SW Burnham Street,Tigard, Oregon. The real property is more particularly described as follows. The property consists of the following two parcels: PARCEL I A parcel of land lying in the NE�Ia 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 centerline 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,RangeI West, W.M.;thence South 43°16'11"East, a distance of 1749.28 feet,thence along the are of 275.00 foot radius curve left,through a central angle of 62°56'27",a distance of 302.09 feet(chord bears South 74144'24"East,a distance of 287.13 feet);thence North 73°4722"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 A parcel of land lying in the NEI/4 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 5,530 square feet,more or less. The Minimum Acceptable Terms of sale are as follows:. 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 accepts the real property"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 condition of the real property.. 4. The City of Tigard has an existing right of first refusal to purchase the real property. The person designated to receive bids is Greer Gaston,Executive Assistant for Public Works,City of Tigard, 13125 SW Hall Blvd.,Tigard,Oregon 97223. In order to be considered,the bid must be must be in writing,conform to the Minimum Acceptable Terms described above,and be delivered to Ms. Gaston in a sealed envelope marked on the outside with the words, "Bid on Water Building Remnant Parcel,"to the City of Tigard-'Information Desk, 13125 SW Hall Blvd.,Tigard,Oregon 97223,on or before 9:30 a.m. 50014.36792.003 Remnant Bid Solidial on Apt dbeIG111271200911127 on March 5,2009. Bids received after this date and time will not opened,however,the City may exercise its right of first refusal. The Bids will be publicly opened and read in the City of Tigard Town Hall immediately after the deadline has passed on the day the bids are due. Date of publication: February 19, 2009. Date bids due: No earlier than 14 days thereafter. THE ATTACHED MAP IS TO BE PUBLISHEDWITH THIS NEWSPAPER PUBLICATION. TT PUBLISH DATE: February 19.2009 50014-36792.003 Refunant Bid Solicitation Ad.dbeGI]1271200911127 y ✓ v r Ns el j h 3 LHALL BLVD 'el l Al� Y� HIM o ( cD #I2'i�' PHI; Ck 302 wC6 �,