042-10 - Resolution - Accepting Donation of PropertyIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 042-10
Development Director
Development Director
Development Director
November 30, 2010
November 30, 2010
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, ACCEPTING THE DONATION OF REAL
PROPERTY FOR PARK PURPOSES AND AUTHORITZING
THE MAYOR TO EXECUTE THE PROPERTY DONATION
AGREEMENT WITH CAROL H. HENRICKSON
WHEREAS, Carol H. Henrickson, a single woman, is the owner in fee title of
Kitsap County Assessor's parcel #352401-4-012-2004, a parcel of wooded land that borders
Black Jack Creek (the "subject property"); and
WHEREAS, on November 09, 2010, Carol H. Henrikson executed a Property
Donation Agreement expressing her desire to donate the subject propetty to the City of Port
Orchard; and
WHEREAS, a copy of the Property Donation Agreement is attached hereto as
Exhibit A and incorporated by this reference; and
WHEREAS, the City Council has reviewed the Agreement and finds that it is in the
best interests of the City and its citizens to ratify the Agreement; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council hereby agrees to accept conveyance of the subject property
on the terms and conditions as stated in the Property Donation Agreement attached
hereto as Exhibit A and authorizes the Mayor to execute the Agreement on behalf of
the City and to acquire the subject property in accordance with the Agreement.
PASSED by the City Council of the City of Port Orchard, APP -0 Eb~y. ... lfe M r " .......-: and attested by the Clerk in authentication of such passage this · t.h em et 010.
Resolution No. 042-1 0
RECE\VE'Dhibit A
NOV 1 5 2010
CITY OF PORT ORCHARD
PLANNING DEPARTMENT
PROPERTY DONATION AGREEMENT
1. Date and Parties. This Agreement, for reference purposes only, is dated the 91h day of
November 2010, and is entered into by and between the CITY OF PORT ORCHARD, a
municipal corporation, hereinafter referred to as "City" and CAROL H. HENRIKSON, an
unmarried woman, as her separate property, hereinafter referred to as "Property
Owner."
2. Subject Property. The real property hereinafter referred to as the "Property" which is the
subject of this Agreement is a tract of land located in the City of Port Orchard, Kitsap
County, Washington, identified as Kitsap County Assesso~s Parcel No. 352401-4-012-
2004 and legally described in Exhibit A and hereby made a part hereof.
3. Agreement to Donate Property. Property Owner desires to donate the Property to the
City for use as a public park. Property Owner agrees to convey and the City agrees to
accept conveyance of the Property upon the following conditions:
(a) The City accepts the donation of the Property in its present condition on
the terms noted;
(b) The City will pay all customary and ordinary expenses in connection with
the donation of the Property to the City;
(e) The City will provide to Property Owner a letter acknowledging donation
of the Property for Property Owner's federal income tax purposes. The
City makes no representations as to federal or state tax consequences of
the donation.
4. Title, Title of Property Owner shall be free of all encumbrances or defects, except those
noted in the Preliminary Commitment. Property rights reserved in federal patents or state
deeds, building or use restrictions general to the district, and building or zoning
regulations or provisions shall not be deemed encumbrances or defects.
5. Title Insurance. The City has obtained, at the City's expense, the Preliminary
Commitment for standard coverage owner's title insurance policy. The title policy to be
issued shall contain no exceptions other than those provided for in the specified title
policy form, plus encumbrances or defects noted in Paragraph 4 above. If title is not so
insurable by the closing date set forth in Paragraph 9 hereof, all rights of the City shall
be terminated, except that the City may waive defects and elect to close.
6. Conveyance. Title shall be conveyed by Warranty Deed, free of encumbrances or
defects except those noted in Paragraph 4.
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Resolution No. 042-10
Exhibit A
7. Included Items. This transaction includes any improvements on the Property.
B. Possession. The City shall be entitled to possession upon recording of the conveyance
document.
9. Closing Date and Closing Costs. The closing shall occur on or before the 31•• day of
December 2010. The transaction shall be closed at the office of McGavick Graves, P.S.,
1102 Broadway, Suite 500, Tacoma, Washington 98402. The City will pay all costs in
connection with the closing.
10. Environmental Contamination. Property Owner warrants that she has not caused or
permitted the Property to be used as a site for generation, manufacture, refining,
transportation, transfer, treatment, storage, handling, disposing or processing of
hazardous substances, or other dangerous or toxic materials or solid waste except in
compliance with applicable federal, state and local laws or regulations. Property Owner
has not caused or permitted and has no knowledge of the release of any hazardous
substance on any of the Property at any time.
11. Representation. Property Owner acknowledges that McGavick Graves, P.S. has not
represented the Property Owner in the preparation of this Agreement and cannot give
the Property Owner legal adVice. Notwithstanding, Property Owner agrees to have
McGavick Graves, P.S. close this transaction.
12. Facsimile Transmission. Facsimile transmission of any signed original document, and
retransmission of any signed facsimile transmission, shall be the same as delivery of an
original. At the request of either party, or the Closing Agent, the parties will confirm
facsimile transmitted signatures by signing an original document.
13. Notice. All notices required by this Agreement shall be deemed delivered to the
respective party on the date that it is personally delivered to the address set forth below,
or two days alter the document is mailed, certified mail, retum receipt requested by U.S.
Mail to the address set forth below.
City:
With a copy to:
Property Owner:
James Weaver, AICP, LEED AP
City Development Director
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
Gregory A Jacoby, Esq.
McGavick Graves, P.S.
1102 Broadway, Ste 500
Tacoma, WA 98402
Carol H. Henrikson
PO Box31604
Laughlin, NV 89028
14. Obligations to Survive Closing. It is mutually agreed by the parties hereto that any
provision contained in this Agreement which shall by its nature or terms impose any
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Resolution No. 042-10
Exhibit A
obligations or duty upon any party hereto, or give any right or benefit to any party hereto,
continuing beyond the date of conveyance of the Property, will not be canceled, but will
instead survive such conveyance and will continue in full force and effect until all such
obligations and duties are fully performed and all such rights and benefits are fully
realized .
15. Council Approval. This Agreement is subject to ratification by the City Council. This
matter shall be submitted to the· City Council for ratification within thirty (30) days after
signature by all parties .
16 . Time js of the Essence. Time is of the essence as to each provision of this Agreement.
This provision has been negotiated by the parties and is material and substantial
consideration .
17. Entire Agreement. The parties have negotiated in good faith with regards to each and
every term of this Agreement. This Agreement embodies all agreements,
representations and warranties to which the parties have agreed to be bound. This
Agreement shall be construed to accomplish the intent and purpose set forth herein, and
shall be presumed to have been drafted by both parties hereto. There are no verbal or
other agreements that modify or affect this Agreement unless specifically referenced
herein .
CITY : PROPERTY OWNER:
Approved as to form :
Gregory A . Jacoby, City Attorney
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EXHIBIT A
Tax Description
Tax Account No.
1352401-4-012-2004
35241E
Process No.
111174499
Situs Address
Resolution No. 042-10
Exhibit A
THAT PT OF NWl/4 SEl/4 DES AS FOLS THAT PT OF FOLG TR WH LIES E OF BLACK
JACK CREEK BEG AT NE COR OF NWl/4 SEl/4 TH SLY ALG E LN OF SD NWl/4 SEl/4
TO NLY LN OF A TR OF LAND CVYD TO MARCELO N PEREZ BY DEED DATED DEC 20
1950 REC UND AUD FILE NO 550903 TH WLY ALG NLY LN OF PEREZ TR TO ELY LN OF
PLAT OF ETTA B JONES ADD TO PORT ORCHARD REC IN VOL 9/ OF PLATS PG 26 & 27
TH NLY ALG ELY LN OF SD PLAT TO SELY COR OF A TR OF LAND CVYD TO
R.E.WILLIAMS & WIFE BY DEED DATED NOV 19,1958 REC UND AUD FILE N0.694160
TH NLY ALG ELY LN OF WILLIAMS TR TON LN OF NWl/4 SEl/4 TH ELY ALG SD N LN
OF NWl/4 SEl/4 TO POB
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