054-17 - Ordinance - Accepting Donation of Real Property Purchased by the City for Park and Recreation PurposesORDINANCE NO.054-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING A DONATION OF A PORTION OF THE VALUE OF REAL
PROPERTY PURCHASED BY THE CITY OF PORT ORCHARD FOR PARK AND
RECREATION PURPOSES; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on April 11, 2017 the City of Port Orchard entered into an agreement
to purchase certain real property owned by Young & Nam, Inc. for city trail and
recreation purposes; specifically, to facilitate construction of the Bay Street Pedestrian
Pathway and associated amenities; and
WHEREAS, the appraised value of the real property purchased was Two Hundred
Sixty -Four Thousand Six Hundred Dollars ($264,600.00); and
WHEREAS, the parties agreed to a purchase price of Two Hundred Thousand
Dollars ($200,000.00), with the remaining real property value of Sixty -Four Thousand Six
Hundred Dollars ($64,600.00) to be donated by Young & Nam, Inc. to the City for city
trail and recreation purposes; and
WHEREAS, the property in question was purchased using funds from a
Recreation and Conservation Office (RCO) grant; and
WHEREAS, the RCO grant manual requires a Just Compensation and Relocation
Notice that includes providing the seller with the appraised value of the property to be
purchased; and
WHEREAS, the RCO grant manual requires a Voluntary Acquisition Notice
informing the seller that the City would not use condemnation to acquire the property
and that any agreement to sell the property was voluntary; and
WHEREAS, in the City's initial offer letter, dated November 4, 2016, the City
indicated that it was proposing to purchase the property for $200,000.00 despite an
appraised value for the property of $264,600.00, with the difference to be donated to
the City by the seller; and
WHEREAS, Young & Nam has executed a Donation Confirmation, attached
hereto as Exhibit A, to confirm its intent to donate to the City the $64,600.00 in real
property value not received from the City pursuant to the purchase and sale agreement;
and
WHEREAS, pursuant to RCW 35.21.100, the City of Port Orchard may accept
donations of any money or property donated to the City, and has therefore determined
to accept this donation of real property value; now, therefore
Ordinance No. 054-17
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The City of Port Orchard hereby accepts the donation of real property value
for the referenced property in the amount of Sixty -Four Thousand Six Hundred Dollars
($64,600.00) from Young & Nam, Inc. The full legal description for the real property to be
conveyed through the combination of this donation and the City's payment of $200,000.00 for
the purchase of the real property is set forth in the Donation Confirmation attached hereto as
Exhibit A.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of November 2017.
ATTEST:
Brandy Rinearson, CIVIC, City Clerk
APPROVED AS TO FORM:
h on Cates, City Attorney
PUBLISHED: December 8, 2017
EFFECTIVE DATE: December 13, 2017
Robert Putaan uu, Mayor
SPONSOR:
Scott Diener, Councilmember
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DONATION CONFIRMATION
KNOW ALL BY THESE PRESENTS, THAT Young & Nam, Inc., a Washington
corporation, doing business at 1121 Bay Street, Port Orchard, Washington 98366,
entered into a Purchase and Sale Agreement, dated April 11, 2017, with the City of
Port Orchard, Washington, a Washington municipal corporation, located at 216
Prospect Street, Port Orchard, Washington, 98366, for the City to purchase certain real
property situated in the City of Port Orchard, County of Kitsap, State of Washington,
bounded and described as follows, to wit:
SEE ATTACHED legal description at Attachment A.
Said property was appraised for Two Hundred Sixty -Four Thousand Six Hundred
Dollars and No Cents ($264,600.00). In the Purchase and Sale Agreement, Young &
Nam, Inc. agreed to receive Two Hundred Thousand Dollars and No Cents
($200,000.00) from the City of Port Orchard as the purchase price for the property, with
the understanding that Young & Nam, Inc. would donate the remaining Sixty -Four
Thousand Six Hundred Dollars and No Cents ($64,600.00) in real property value to the
City of Port Orchard for city trail and recreation purposes. Young & Nam, Inc. hereby
confirms its intent to donate this amount of real property value to the City of Port
Orchard, Washington.
IN WITNESS HEREOF, the authorized representative of the Donor, Young &
Nam, Inc., has executed this instrument as of the date set forth below.
DATED THIS / y DAY OF � - lff-*%� 017.
DONOR, YOUNG & NAM, INC.
Yo Sub Park, President
STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared Young Sub Park, to
me known to be the President of Young & Nam, Inc., who executed the within and
foregoing instrument and acknowledged the said instrument to be the free and voluntary
act of said entity, for the uses and purposes therein mentioned, and on oath stated that
s/he was authorized to execute said instrument.
GIVEN UNDER MY HAND AND OFFICIAL S -AL THIS g DAY OF
2017.
LISA STONE
Notary Public
State of Washington
My Commission Expires
May 20, 2019
NOTARY PUBLIC in and for the
State of Washington, residing at
My commission expires
Attachment A
LEGAL DESCRIPTION
NEW LOT 1:
LOT 1, BLOCK 1, WHEELER'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN
VOLUME 1 OF PLATS, PAGE 70, IN KITSAP COUNTY, WASHINGTON,
TOGETHER WITH LOT 1, BLOCK 1, SIDNEY TIDELANDS, AS SHOWN ON THE OFFICIAL MAP OF SAID
TIDELANDS ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS, AS CONVEYED BY
THE STATE OF WASHINGTON,
AND TOGERTHER WITH THOSE PORTIONS OF LOT 2, BLOCK 1, SAID WHEELER'S SECOND ADDITION
TO SIDNEY AND LOT 2, BLOCK 1, OF SAID SIDNEY TIDELANDS LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M.; THENCE NORTH 1'30'48" EAST ALONG THE WEST LINE OF GOVERNMENT LOT 1 IN THE
NORTHWEST QUARTER OF SAID SECTION, 469.70 FEET TO THE NORTH RIGHT OF WAY LINE OF BAY
STREET; THENCE NORTH 85'46'04" EAST ALONG SAID NORTH RIGHT OF WAY LINE, 85.40 FEET TO
THE TRUE POINT OF BEGINNING OF THIS LINE DESCRIPTION; THENCE LEAVING SAID NORTH RIGHT
OF WAY LINE NORTH 0413'56" WEST, 47.52 FEET; THENCE NORTH 30'07'42" WEST, 26.56 FEET;
THENCE NORTH 04'50'27" WEST, 51.27 FEET; THENCE NORTH 34'44'17" WEST, 35.40 FEET TO A
LINE THAT IS PARALLEL WITH AND 80.00 FEET EASTERLY OF THE WEST LINE OF SAID GOVERNMENT
LOT 1; THENCE NORTH 1'30'48" EAST ALONG SAID PARALLEL LINE, 920.97 FEET TO THE INNER
HARBOR LINE AS SHOWN ON SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 200202120130,
RECORDS OF SAID COUNTY AND THE TERMINUS OF THIS LINE DESCRIPTION.
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 28, 2017.
ORDINANCE NO. 054-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING A DONATION OF A PORTION OF THE VALUE OF REAL
PROPERTY PURCHASED BY THE CITY OF PORT ORCHARD FOR PARK AND
RECREATION PURPOSES; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 054-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 054-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 8, 2017