HomeMy WebLinkAboutR-0928 - Authorizing the purchase of street right-of-way in lieu of condemnation and approving the term of such purchase••........
,.\.
CITY OF MARYSVILLE
Marysville,Washi.ngton
RESOLUTION NO.921_
A resolution of the City of Marysville authorizing
the purchase of street right-of-way in lieu of
oondemnation,and approving the terms of such
purchase.
WHEREAS,the City is committed to widening and
improving Cedar Avenue and 80th Street N.E.to form a major
north-south arterial which will serve as an alternative route
for State Avenue traffic;and
WHEREAS,said project requires widening of the inter-
section of Cedar Avenue and 80th Street N.B.,and the acquisition
of 4,180 square feet of property at the southeast quadrant of
said interesection;and
WHEREAS,the property and residence located in said
southeast quadrant is owned by Larry Gable and Marlene Hoidal,
and said parties have negotiated the sale thereof to the City in
lieu of condemnation;and
WHEREAS,the negotiated price for the subject property
IS consistent with the appraised value of the same,as determined
by Netzley Appraisal Service in a report dated March 23,1979;
Now,Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON AS FOLLOWS:
The purchase of 4,180 square feet of pnoperty located in
the southeast quadrant of the intersection of Cedar Avenue and
80th Street N.E.,said purchase being in lieu of condemnation,is
hereby approved on the following terms and conditions:
Resolution!l
a.The purchase price shall be $35,400.00.
b.The subject property is generally described
as 4,180 square feet located in the north-
west corner of the lot situated at 1404
North Cedar Street,Marysville,Washington,
a legal.·description of which will be provided
at the time of closing.This sale does not
.i.n cIudetan y improvements,shrubs or trees
..pres,ently located on said property...,.,.,...'
I a.i'Because the acquisition of the subject
.'..,propery:cr~a.:!es.,an.illega}-.setback for the
•rex i st i ng,house .'and garage Jocated at 1404
,NoT"th Cedar _Street,J;he~owners agree to
mov~said house and garage,at their sole
risk and\expense;'.within 90 days of the
~..,I.If\-,I t ~!t ;1
date of closing.
structures shall
applicable codes
The moving of said
conform to all
of the City of Marysville.
d.Within 90 days of the date of closing the
owners shall have the right to remove and/or
cut down all trees and shrubs on the subject
property being acquired by the City.The
City Parks D~partment will assist the owner
in moving shrubs,if requested.
e.The owners will furnish,at their expense,
a purchaser's pOlicy of title insurance
for the subject property,and will convey
clear title to the City by Statutory Warranty
Deed.
f.Real estate taxes for the subject property
will be prorated on the date of closing.
There are no other taxes,costs,fees or
charges of any nature which will be assessed
against the City in connection with this
transaction.
r:l''.',.
g.The City makes no representanions to the owners
of any nature whatsoever with respect to the
zoning,land use possibilities,or value of
that portion of the lot located at 1404 North
Cedar Street which the owners are retaining,
nor does the City make any representations
with ye§pect to the access of said property
to,Cedar Avenue or 80th Street N.E.
h Cl'l'4 .'f h..hI''...os i ng or t 1S t r ansac t i on s alL occur rn
••4jh~office of the City Attorney within 15 days,It,".of receipt of a preliminary commi ttment for a
-purchaser's policy of title insurance,but not
,lat'er .than-May rs,1979'-,
I f .~,..I';
,,~,..;'~,~f t ,.
PASSED "by the 'Ci tv "Council and APPROVED by the Mayor
day of A.p ....i (',',1979.
~,f 1 t'"''
,...'":,, '.CITY OF MARYSVILLE
BY~d L.a/?.
Mayor
l
,
this
ATTEST:
APPROVED AS TO FOR~1:
~-Hn 04-g..1f<ltjAftorney
Resolution/2
SECURITY TITLE INSURANCE COMPANY
OF WASHINGTON
,..
SECURITY
TITLE "09 seCOND AVENUE SEATTLE.WA"SHING;TON 98101 MAIN 3-0870
EARNEST MONEY RECEIPT AND AGREEMENT
(Residential Form)
CITY OF MARYSVIJ.],E
Marysville
Herelnafle1'celjed "Pueehase"
April
(The plrlies jserete hereby autttorl%e _&en!to insert over their silllllur'e$I e COII«t leg 1 descriptioa of the above designated pi
l!1'TOlIeous Of incomplete.)
00
rty if unaVllilable at lime of signilll.Of to ccrreet the Iepl description entered if
OO/JOO--ANDHUNDRED
00
ONE
lOD
TOTALPURCHASEPRICEI.THIRTY-FIVE THOUSAND FOUR HUNDRED andOO/1():@Ll.ARSIS 35,400.00
I*yable III follows:
),
22.7 ,passed by the City
IS attached hereto and
of Resolution No.
1979,a copy of which
by this reference.
On terms and conditions
Council on April 9,
incorporated herein
I.Title of seller is to be free of encumbrances,or defects.except:
None.
R'lghts reserved in federal patents 01 state deeds,building or use restrictions general to the district.existing easements not inconsistent with purchasel's intended use,and building Of zoning regulalions or provl-
sions shall not be deemed encumbrances or defects.Encumbrances to he discharged by seller maybe paid out of purchase money at date of dosing.
2.Seller shall make available to purchaser at office of closing agent as soon as procurable,a standon! form purchaser's policy of title insurance or report preliminary thereto issued by'Pi one erToj.t 1 e In e,;"nnd seller authorizes egent to apply nt once fm-such title insurance.The title policy to be issued shall contain no exceptions other than those provided for In s(lid standard (arm plus
tricum'trances or-aeTee"15 noted in Paragraph I above. DelivelYof such pcllcy or title report to dosing agent named herein shall constitute delivery to pcrcbaser.If title is not so illsurlbJe all above provided and
cannot be made so insurable by terQination date set forth in Paroyaph 8 bereof.earnest money shall be refunded and all tights of purchaser terminated;Provided that purchaser may watve delecte erd elect to pur-
chase.If title is so insuroble and purchaser fails or refuses to complete perchase,the earlle$t money shall be forfeited 8S liqUidated damages unjess seller elects to enforce this agreement. The agent shall not
be responsible fOf delivery of title.
3.If financing is required. the purchaser end seller agree to npply with the lending institution suggested by the agent and hereby authorize the agent to arrange such financing of this sale and to edvnnce so C1uch of
the oemest moneyas may be necessary for loon costs attributable to purchaser;provided that If the purchaser desires to obtain the financing himself he shall 80 notify the agent and shall complete a written appli-
cotton for such fillflncing within tOdays fromdate of execution hereof.A veteran purchaser agrees to complete this purchase if the snle price is adjusted by the seller to conform with the Certificate of Reasonnhle
Value Issued by the veteran's Administration, Seller and agent agree to refund earnest money (less credit report fee and nppraisal fee,If any) in event financing contemplated by Ihe veteran purchaser is not ob-
Ininable.If purchaser is obtaining a V.A.guaranteed loon on new construction seller agrees not to violate paragraph3 of V.A.Technical Bulletin 26 A-5.If purchaser is obtaining on FHA insured loon it is ex-
pressly agreed that,notwithstanding nny other provisions of this contract.the purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penility by forfeiture of ear-
nest money deposits or otherwise unless the seller has delivered to the purchaser a written statement issued by the Federal Housing Commissioner setting forth the appraised \'lliue of the property for mortgage in-
scrance purposes of not less than S whicb statement the seller hereby agrees to deliver 10 the purchaser Jlfo:nptly after such appraised value statement is mde available to the
seller.The purchaser shall,however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the appraised valuation ll'lllde by the Fedelal Housing Cce-
missioner.
4,(a) If this agreement is for conveyance of fee title,title shall be conveyed b)'Warranty Deed free of encumbrances or defects except those noted in Paragraph 1.
(b)If thrs agreement is for sale on real estate contract,seller and purchaser agree to execute a rcaI estate contract Ice the balance of the purchase price on Real Estate Contract Form A·l%4 currently distributed
by Title lnsureece Companies.The terms of said formore herein incorporated by reference.Said contract shall provide that title be conveyed by Warranty Deed,
If said property is subject to an existing contract Of mortgage or deed of trust which seller is to continue 10 pay,seller agrees to pay said contract or mortgage or deed of trust in ecccrdance wJth its Ieres ,and
upon default,purchaser shall have right to make any payments necessary to removethe default,and any payments so made shall be applied to the payments next falling due on thc connect between seller lind
purchaser herein,
(c)If this agreement is fOI sale and transfer of \'endee's interest under existing leal estate contract,the transfer shall be by proper purchaser's assignment of contract and deed sufflcient In form to convey after
acquired title.
closing.
interest,mortgnge reserves,water and other utilities constituting liens shall be pro-rated as of closing.Purchaser shall pay for remaining oil in fuel tank, the amount5.Tax!!s for the current yem,rents,insurance,
to be determined by the supplier.
6.Purchaser shall be entitled to possession on _--''-'''''''''-=''-''''--'--_
J,Purchaser offels to purchase tbe property in its present condition,on the terms noted. This offer is made subject to approval of the seller by r.lidnight of Ap r j J J 6 ;J 979 .
In cenaideretion of agent submitting this offer to seller,purchaser ngeees with agent not to .....lthdmw this offer during said period,or until earlier rejection thereof by seller.Purchaser agrees thAt written notice of
ncceptnnce given 10 agent b~'seller shall be notice 10 purchaser.If seller does not accept this ngreement within the time specified,the agent shall refund the earnest money upon demand.
Agent
Marysville,WaPurch..~'.Add~.S14 De l:t.a'-,---'>:l<Lq-'>.lW...L.ll4--"Ld-_...:Q,,-oS 27 O~::c-,--;,--;-~=-,--;-,----,------
Purchasers herein waTtant they are of legal age,
"'------------------
8,The sale shall be closed in the office of City Attorney within 15 days after title insurance policy or report pre.
liminarv thereto is deli\lC"r~showinl title ins,ulll~le.as above provided, or after cOQPI~tion of financinf.,if Iineecleg is ca,lIed for herein,whichever is later, but in an}'event not later thlln~_l'C;197 9<DCiNlIXi:l~~exi,whIch shall be the termioatrcn date. The purchaser and seller will.on demand,deposit In escrow WIth the closing agent,all instruments and monies necessary to cm:pi~c"hast In
acccrdaece lI..ilh this agreement:the cost of escrow shall be paid one-half each by seller and purchaser.
9.I...ino,leum;window scre~ns:screen ~oors;plu~bi?g and li~hting fixtur,:,s (except floor and standing llIClpS),shades:Venetian blinds;curtain rods; all attached bathroom fixtures,trees.plants atld shrubbery:water
hC.IItlng apparatus and fixtures;aWOlngs:ventflating.cooling and heatmg systems (except stoves)that are nowon the prelllises sholl be included in the sole.Aueched television antennas,if any,that are now on
Ihe premises shall remain intact and shall be included in the sale.
10.There arc no verbal or other agreements which modify or affect this agreement.Time is of the essence of this agreement,
On this date lIwc hereby appr~and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the seller and the under.
signed further agrees to pay a comlllission oJ Dollars (S--::=--::==~---::,-..,.--c-)to the above agent for services.In tile event earnest
money is Ierfeited, it shall be Ipportioned [0 the seller and agent equally. providing the amounlto agent does not exceed the agreed comntsstcn.I/we further acknowledge receipt of.true copy of this agret!menl,
signed by both parties.
Seller's Address Seller
Seller's Phone Seller (V,'ife)
It true copy of the loregoing lItreefllenl,silned by the seller,is hereby receipted for on ~,,,_
Purchaser (Wife)PurchallCT
A form approved by Seattle Real Estate Board in 1963
TL·22 R2 7/72