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HomeMy WebLinkAboutres2009-029 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 231 Clearances Initial ` Date Date Received In Council Office Agenda Date Assigned To: Originator:. a7 4/13/09 4/28/09 Introduction Ur IT Division Head: _ 5 / 12 / 09 Hearing Dept. Head: /jii � � MIS• o l h_ oq/, s foi Prosecutor: Purchasing/Bud 25 a '•//i 7� 1 ' 7 Executive: 1/0-)9-07 TITLE 0 DOCUMENT: Resolution approving sale of F34 and Laurel gravel pits as surplus real property. County tax parcel Nos.390320 018086, 390320 016043 & 390319 494039. ATTACHMENTS: 1 . Memorandum 2. Resolution SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Per RCW and Whatcom County Code, the Whatcom County Property Management Committee has recommended the sale of the F34 and Laurel gravel pits (sometimes referred to as the Murray Pits) as surplus property. The properties, comprising a total area of approximately 11 acres, are to be sold together by sealed bid with the minimum sale price of $1 ,100,000 (one million, one hundred thousand dollars) per the May 22, 2008, appraisal prepared by Sherwood Appraisals. COMMITTEE ACTION: COUNCIL ACTION: • 4 / 28 / 2009 : Introduced 5 / 12 / 2009 : Council Approved 5 - 2 Brenner & Kelly opposed Res . 2009 -029 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2009 - 029 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. 1 SPONSORED BY: Public Works 2 PROPOSED BY: Property Management Committee 3 INTRODUCTION DATE: April 28 , 2009 4 RESOLUTION NO. 2009 - 029 5 6 IN THE MATTER OF APPROVING THE SALE OF SURPLUS GRAVEL PITS 7 8 WHEREAS, RCW 36. 34.005 authorizes counties to establish comprehensive procedures for the 9 management of county property, including the sale of surplus real estate where it is found to be in the best 10 interest of a county to sell same; and 11 12 WHEREAS, in Whatcom County Code (WCC), Chapter 1 . 10, Whatcom County has established 13 those procedures; and 14 15 WHEREAS, the Whatcom County Property Management Committee has recommended the sale of 16 Whatcom County real property known as F34 and Laurel gravel pits (sometimes known as Murray Pits) 17 and the gravel aggregates, minerals and ores contained therein to the highest bidder, by sealed bid, for not 18 less than the appraisal amount as listed below, plus costs; and 19 20 WHEREAS, WCC 1 . 10.310 authorizes the Council, after receipt of estimated market values from 21 the Property Management Committee, to establish limitations and conditions upon sale of property, such as 22 the minimum price for said units of property and whether or not a contract will be allowed, or if it will be a 23 cash price; and 24 25 WHEREAS, WCC 1 . 10.310, as well as state law, allows the County to reserve from the sale oil, 26 gas, timber and other resources if the Council finds that it is the best interest of the public to reserve these; 27 28 NOW, THEREFORE, BE IT RESOLVED that it is the best interest of the County to sell the F34 29 and Laurel gravel pits, comprising a total combined area of approximately 11 acres, more or less, to the 30 highest bidder by sealed bid . 31 32 LEGAL DESCRIPTION OF PROPERTIES TO BE SOLD 33 34 Sell parcel No. 390320 018086 0000 (Approximately . 94 acres, more or less) 35 The south 132 feet of the north four acres of the west 10 acres of the Southwest quarter 36 of the Southwest quarter of Section 20, Township 39 North, Range 3 East, W.M. ; EXCEPT the 37 west 20 feet thereof 38 39 Sell parcel No. 390320 016043 0000 (Approximately 5 . 95 acres, more or less) 40 The south six acres of the west quarter of the Southwest quarter of the Southwest quarter; 41 the west 20 feet of the North four acres of the west half of the Southwest quarter of the 42 Southwest quarter; and the west 20 feet of the Northwest quarter of the Southwest quarter: all in 43 Section 20, Township 39 North, Range 3 East, W.M. 44 45 EXCEPT Axton Road along the southerly boundary thereof 46 47 Situate in Whatcom County, Washington. 48 1 2 Sell parcel No. 390319 494039 0000 (Approximately 4.09 acres, more or less) 3 That portion of the Southeast quarter of the Southeast quarter of Section 19, Township 39 4 North, Range 3 East, W.M. described as follows : 5 Beginning at a point on the east line of said section, 30 feet north of the southeast corner 6 thereof; thence North, along the east line of said section, 660 feet; thence West 270 feet; thence 7 South parallel with said east line, 660 feet to the northerly right-of-way line of the Axton Road; 8 thence East, along said right-of-way line, 270 feet to the Point of Beginning. 9 10 Situate in Whatcom County, Washington. 11 12 BE IT FURTHER RESOLVED that the minimum bid for the parcels listed above shall be no less than 13 their combined appraised value of $ 1 , 100,000.00 (one million, one hundred thousand dollars) and that 14 Buyer will pay any additional Buyer closing costs normally associated with such a real property 15 transaction; and 16 17 BE IT FURTHER RESOLVED that transfer of said real properties be by quitclaim deed and that Buyer 18 will represent and warrant in writing to Seller Whatcom County, that Buyer has thoroughly inspected and 19 evaluated the properties for sell, to Buyer' s complete satisfaction and Buyer accepts the properties AS-IS 20 with full knowledge of potential liability the Buyer could incur for any environmental hazards or 21 conditions affecting the properties, including, but not limited to, state or federal-mandated reclamation of 22 the properties. Buyer agrees that the purchase price of the properties reflects the agreed upon value of the 23 properties AS-IS, taking into account the aforementioned disclosures; and 24 25 BE IT FURTHER RESOLVED that said purchase of said real properties shall not be allowed under 26 contract and shall be paid either in cash, certified check or money order to the Whatcom County Treasurer 27 at the time of sale; and 28 . 29 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby directed to sell said 30 properties together at no less than the combined appraised value of $ 1 , 100,000.00 (one million, one 31 hundred thousand dollars) and that said sale shall take place in accordance with the duties as established in 32 WCC 11OX2!6'!11 Pid.049. If the minimum bid is not reached, the properties shall not be sold.Ili 33 NT C Y 0 34 ID tkN ! zrltpf May , 2009. G,• O co Co.• . 35 ,� Lwrr 2• •• n ' WHATCOM COUNTY COUNCIL• 36 _ _ : * = WHATCO : COUNT • HINGTON 371 ` .•r -�: - / / 38 - _ _ J Oki. v°_ > , ��. 39 Dam Brody a a; . s, Count..tlerk : < Fleetwo . • , Council Chair 41 /� 'll , : i , , , L % tww``� 42 APPROVED AS TO FORM: 43 ''�� , , 44 %,,, 1 e.� z. � 45 Senior Civil Deputy Prosecuting Attorney 46 47 48