HomeMy WebLinkAboutR-1698 - Declaring a parcel of property owned by the City surplus and directing the sale or exchange thereof subject to conditionsA..''~';.'l..":lII'"
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.1"?f'
A RESOLUTION OF THE CITY OF MARYSVILLE DECLARING A PARCEL OF
PROPERTY OWNED BY THE CITY SURPLUS AND DIRECTING THE SALE OR
EXCHANGE THEREOF, SUBJECT TO CONDITIONS.
WHEREAS,the City of Marysville is the owner of certain real
property which is legally described in Exhibit A attached hereto
and incorporated herein by this reference;and
WHEREAS,the City has been approached by Safeway,Inc.to
declare the property described in Exhibit A surplus and to
exchange it for certain property which Safeway,Inc.is expecting
to purchase in the future,said real property being legally
described in Exhibit B attached hereto and incorporated herein by
this reference;and
WHEREAS,Safeway,Inc.has proposed to convey to the City
the parcel legally described in Exhibit B and to make certain
improvements to the Exhibit B property in exchange for a
conveyance by the City to Safeway of the Exhibit A property;and
WHEREAS,Safeway,Inc.has prepared a redevelopment plan for
the Exhibit A property and surrounding properties,and it appears
to be in the best interests of the City and the people thereof to
have such redevelopment plan completed;and
WHEREAS,it appears to be in the best interests of the City
and the people thereof that the property described in Exhibit A
be surplused and exchanged for the property described in
Exhibit B,subject to certain conditions as set forth below;NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON,AS FOLLOWS:
That the real property described in Exhibit A is hereby
declared to be SURPLUS,and the same may be sold or exchanged to
Safeway,Inc.subject to the following conditions precedent:
1.That the property legally described in Exhibit B be
purchased by Safeway,Inc.and then conveyed to the City by
statutory warranty deed free and clear of all encumbrances except
those acceptable to the City.
RESOLUTION -1
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2.That an analysis be conducted by a qualified consultant
verifying that the fair market value of the property described in
Exhibit B,including improvements to the property to be made by
Safeway,Inc.,is equal to or greater than the fair market value
of the property described in Exhibit A. The reasonable cost of
said analysis is to be defrayed by Safeway,Inc.
3.That a survey prepared by a licensed Washington
surveyor be provided at Safeway,Inc.'s expense for the
properties described in Exhibits A and B.Said survey shall
provide the legal descriptions of Exhibits A and B,and in the
event boundary line adjustments are required to facilitate the
exchange of said parcels,said survey shall provide all
information necessary to accomplish said boundary line
adjustment(s).The expense of any such boundary line adjustment
shall be borne by Safeway,Inc.
4.That Safeway,Inc.,at its sole expense,shall complete
the following improvements upon the Exhibit B property,which
shall make it suitable in all respects as a replacement to the
Exhibit A property which is presently used as a parking facility
for the City's Public Safety Building.Safeway,Inc.shall
provide a written plan,acceptable to the City,providing for the
paving,drainage,striping,lighting,screening,fencing,
security systems,and such other items as shall make said
property an acceptable parking lot facility in all respects.
After the exchange transaction has been completed,the City shall
continue to use the Exhibit A parking lot facilities,at no
charge,until the above improvements are completed.In
constructing said improvements,SAFEWAY shall comply with the
Prevailing Wage Act,if applicable.
5.That an agreement be entered into between Safeway,Inc.
and the City specifying the terms and conditions of the property
exchange.Said agreement shall be essentially in the form of a
written purchase and sale agreement and shall address all matters
relating to the transaction,including,but not limited to,the
matters referenced above,the closing of the transaction,title
insurance,closing costs,condition of title,and such other
matters as shall be required to effectuate the exchange of the
properties.
6.That the exchange properties shall revert to their
original owners if,within one year after recording of the
exchange,Safeway,Inc.has failed to complete the improvements
to Exhibit B described in paragraph 4 above,or if Safeway,Inc.
has failed to acquire the property adjacent to the Exhibit A
property required for its redevelopment plan,or if Safeway,Inc.
has failed to obtain a grading permit for its redevelopment plan.
7.That all administrative and legal fees incurred by the
City resulting from this transaction and all costs relating to
the closing of this transaction be defrayed by Safeway,Inc.
RESOLUTION - 2
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PASSED by the City Council and APPROVED by the Mayor this..5th day of JuJhj,1994.
Attest:
ByJ)~yCLERK
Approved as to form:
By L1.A-c-i=K.CJ01<P==~CITY ATTORNEY
RESOLUTION -3
/mv/surplus-sw.res --7/1/94
CITY ~MARYSVILLE
By vL!~~~.kUI1 MAYOR
,--a
EXHIBIT A
MARYSVILLE CONVEYANCE TO SAFEWAY,INC.
The West 204.00 feet of the North 178 feet of following-described
property:
[EXISTING]
LOT C
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28,TOWUSHIP 30 NORTH,RANGE 5 EAST,W.M.,DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID
SUBDIVISION A DISTANCE OF 209.00 FEET;THENCE NORTHERLY
PERPENDICULAR TO SAID SOUTH LINE A DISTANCE OF 244.00 FEET;THENCE
WESTERLY PARALLEL WITH SAID SOUTH LII1E A DISTANCE OF 191.75 FEET;
THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION A
DISTANCE OF 178.00 FEET;THENCE EASTERLY PARALLEL WITH SAID SOUTH
LINE A DISTANCE OF 399.01 FEET TO SAID EAST LINE;THENCE SOUTHERLY
ALONG SAID EAST.LINE A ·DISTANCE OF 422.01 FEET TO THE POINT OF
BEGIUNIUG.
EXCEPT THE EAST 10.00 FEET THEREOF CONVEYED TO THE CITY OF
MARYSVILLE BY DEED RECORDED UNDER SNOHOMISH COUNTY RECORDING NO.
8610240128.
SITUATE IN TilE COUNTY OF SNOHmlISH.STATE OF WASHINGTON.
SUBJECT TO: A perpetual exclusive easement for ingress,egress and
utilities over the Easterly 30 feet of the above-described property,
reserved unto the City of Marysville.
,.,
EXHIBIT B
SAFEWAY,INC. CONVEYANCE TO MARYSVILLE
The North 206.00 feet of the following-described property:
[PROPOSED LOT C DESCRIPTION 1
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 2S,TOWNSHIP 30 NORTH,RANGE 5 EAST,W.M.,IN SNOHOMIS~
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION,THENCE
NORTH 89°48'00"WEST 209.00 FEET ALONG THE SOUTH LINE THEREOF;
THENCE NORTH 00 °12'00"EAST 25.00 FEET TO THE NORTH LINE OF THE
SOUTH 25.00 FEET OF SAID SUDDIVISION AND TilE TRUE POINT OF
DEGINNING;
THENCE CONTINUING NORTH 00°12'00"EAST 219.00 FEET TO THE NORTH
LINE OF THE SOUTH 244.00 FEET OF SAID SUBDIVISION;
THENCE SOUTH 89°48'00"EAST 12.25 FEET ALONG LAST SAID NORTH LINE
TO THE WEST LINE OF THE EAST 195.00 FEET OF SAID SUBDIVISION;
THENCE NORTH 00°12'37"WEST 384.00 FEET ALONG SAID WEST LINE TO THE
NORTH LINE OF THE SOUTH 627.99 FEET OF SAID SUBDIVISION;
THENCE SOUTH 89 e 48 '00"EAST 17 5.00 FEET ALONG LAST SAID NORTH LINE
TO THE WEST LINE OF THE EAST 20.00 FEET OF SAID SUBDIVISION;
THENCE SOUTH 00 °12'37"EAST 206.00 FEET ALONG LAST SAID WEST LINE
TO THE NORTHEAST CORNER OF RIGHT-OF-WAY DESCRIDED IN DEED RECORDt:~l
UNDER RECORDING NO.8610240128;
TIlElICE NORTH 89 °48'00"WEST 10.00 FEET ALONG TilE NORTH LINE THEREOF
·TO THE WEST LINE THEREOF AND THE WEST LINE OF THE·EAST 30.00 FEET
OF SAID SUBDIVISION;
THENCE SOUTH 00°12'37"EAST 397.01 FEET ALONG LAST SAID WEST LINE
TO SAID NORTH LINE OF THE SOUTH 25.00 FEET;
THENCE NORTH 89°48'00"WEST 180.82 FEET ALONG LAST SAID NORTH LINE
TO THE TRUE POINT OF BEGIlINING.
THE PARCEL DESCRIBED ABOVE CONTAIlIS 104,408 SQUARE FEET (2.40
ACRES),MORE OR LESS.
SITUATE III THE CITY OF MARYSVILLE,SNOHOMISH COUNTY,WASH ItlGTON •
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