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Home My WebLink Aboutres2005-041WHA TCOM COUNTY COUNCIL A GEIITDA BILL NO. 2005 -355 CLEARANCES I itlal Date Date Received in Council Office Agenda Date Assigned to: C3ri�inafur. ti� T 9 r- + - q 9/13/2005 Fin/Council Division Head: Dept Head: Prosenxor Purchasin Bud er. Executive- TITLE OF DOCUMENT. • Authorization for the County Executive to enter into a purchase and sales agreement to acquire property for park purposes. ATTACHMENTS: Memorandum and Authorizing Resolution SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? { X ) Yes { J N6 SEPA review completed? ( ) Yes ( ) NO Requested Date: 9113105 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. He clear in explainink the intent of the action.) Resolution to purchase property for park purposes from Loch and Susan Trimingham parcels; 380430 523021 0000, 380430 540021 0000, 380430 560021 0000. COMMITTEE ACTION: COUNCIL ACTION: 9/13/2005: Conmittee recommends approval 9/13/2005: Approved 7 -0, Res. #2005 -041 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. #2005 -041 Please Nate: Once adopted and signed, ordinances and resolutions are available for viewing ant! printing on the County's website tit: www .cti.whateont.wa.uvleouiteil. SPONSORED BY: Consent PROPOSED BY: Parks INTRODUCTION DATE: 13 2005 RESOLUTION NO 2005 -041 RESOLUTION AUTHORIZING THE EXECUTIVE TO EXECUTE THE PURCHASE AND SALE AGREEMENT FOR SUNNYSIDE ESTATES FOR LOTS A, B AND C OF SUNNYSIDE ESTATES WHEREAS, the public benefits from access to Lake Whatcom for recreational purposes; and WHEREAS, the subject property fulfills that public purpose; and, WHEREAS, a public meeting was held on this purchase on September 13, 2005, afterwards the Whatcom County Council determined it to be a public benefit to approve this purchase. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: The Whatcom County authorizes the County Executive to enter into the purchase and sale agreement to purchase lots A, B and C to the Sunnyside Estates Short Plat. APPROVED this 13 day of seat_ , 2005. SotliJIM111111 •0'` � T ►► , Y ATTEST: •� �] • Q Dana Brv�nrn- D'sr,C'I�Y�i.: APPROVED A�'�TiAir��►�''��* RANDALL ]. WA T� Civil Deputy Prosecutor - Resolution- WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey - Schreiber, Council Chair VV PURCHASE ' .. . .- PURCHASE AND SALES AGREEME T SUNNYSIDE ESTATES ft On this day of s:c'`e f , 2045, the "Buyer" WHATCOM COUNTY, agrees to buy and the "Seller" I Loch Trimingham, agrees to sell, on the following terms, the property located on North Shore Drive, within Whatcom County, which is legally described as: LOTS A, B AND C SUNNYSIDE ESTATES SHORT PLAT AS REC BOOK 10 SHORT PLATS PG 79 -EXC PTN TO WHATCOM CO FOR RD DESC AF 1482439 The total purchase price is One Million One Hundred Twenty -Five Thousand Dollars ($1,125,000.00). The Seller is donating Six Hundred Twenty -Five Thousand ($525,044.00) of the overall purchase price, and the purchaser agrees to pay Five Hundred Thousand Dollars ($500,004.00) in cash at closing. This purchase and sales agreement is subject to approval by the Whatcom County Council. The purchaser agrees that the property is being purchased for park and open space purposes and shall be used solely for that purpose. The seller retains the right to enforce this provision by private action should the purchaser attempt to use this property for another purpose. The rights shall include, but be limited to, ability to have the property revert to the seller should the purchaser utilize this property other than for park purposes. Purchase and Sales Agreement - 1 - The property has a septic system installed and the purchaser agrees to accept that system in its present condition. If any repairs are necessary the purchaser accepts all responsibility for those repairs. The agreement is not conditioned on a hazardous materials inspection and the purchaser agrees to accept this property in its as is condition. The closing agent is instructed to prepare a certification that the seller is not a foreign person within the meaning of the Foreign Investment in Real Property Tax Act. The seller agrees to sign this certification. If the seller is a foreign person and this transaction is not otherwise exempt from the Foreign Investment in Real Property Tax Act, the closing agent is instructed to withhold and pay the required amount to the Internal Revenue Service. The purchaser shall be entitled to possession upon closing. Unless otherwise specified, the title to the property shall be marketable at closing. The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions, and restrictions presently of record and general to the area; easements and encroachments not materially affecting the value of or unduly interfering with the purchasers intended use of the property; and reserved oil and/or mining rights. Monetary encumbrances not assumed by the purchaser shall be paid by seller on or before closing. The seller authorizes the closing agent, at buyer's expense, to apply for a standard form buyer's policy of title insurance, with homeowner's additional protection and inflation protection endorsements if available at no additional cost. The preliminary commitment therefore, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard form. If title cannot he made so insurable prior to the closing date and the purchaser does not waive said defects or encumbrances, this agreement shall thereupon be terminated. Purchase and Sales Agreement - 2 - Title shall be conveyed by a statutory warranty deed. Underlying encumbrances, if there is an existing Deed of Trust, heal Estate Contract or other encumbrance which is to remain unpaid after closing and its terms require the holder's consent to the sale, Buyer agrees to properly apply for such consent and this agreement is conditioned on it being obtained. The Buyer will pay all closing costs. Taxes for the current year, rent, and interest dues shall be prorated as of closing. If any payments are delinquent on encumbrances which will remain after closing, closing agent is instructed to pay them at closing from money due or to be paid by Seller. This purchase and sales agreement is valid through October 31", 2005. DATED this day of , 2005. WHATCOM COUNTY PETE KREMEN County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this day of , 2005, before me personally appeared PETE KREMEN, to be known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, Residing at: Purchase and Sales Agreement - 3 - My Commission expires: J. LOCH TRIMINGHA 619 15th Street Bellingham, WA 98225 -6114 STATE OF WASHINGTON } } ss. COUNTY OF WHATCOM } On this 1 s�- day of Se.n4�2. 6tx— 2005, before me personally appeared, J, LOCH TRIMINGHAM, to be known as the person, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. ■ ti o NOTARY LIC I AND FOR THE STATE OY WASHINGTON, Residing at: � �qt� :rs ��0�.• � My Commission expires: Purchase and Sales Agreement - 4 _ North, Range 4 L. North , Range 4 E. ' W. M. W.M. E'lot Plan A. ; nder corner between Sections 30 i com to a point which bears East to the Paint of Begin -, �ESS the right of way of >wing described tract; U 9 feet West of the 200.6 feet to a 1 et to a fence corner; l69 feet; Thence orthwesterly a- outh 421ol' West �a,4,• ,,. �, !xf t of Beginnings _}'►'y� ri ight of way of aunty, Wash - ,�` ship 38 ��'.t` ^ I rn Pacific` , / ,/� • /"! Iv SV Al. 4 5 eTC 1 r 4 K Ington �vern- M. K sibilit A• ft Q OAS.T,�y � I r (56rd Awt frz— l r . j a .60 •rl T ectrvn 30 ownsh i p 3 8 , Y f.-,tion 31 Township 38 County, Washington Q, Township 38 North,_Range 4 marked by a,gas pipe 159.5 feet on 30; Thence Forth 42 °011 East fence, .119.8.feet to a fence cor- 18,3 feet; Thence North 49° t, enter of a,creek; Thence Easter - �ction 30; Thence Southerly along corner of Section 34; Veast pipe; Thence continuing along North, Range 4 L. North , Range 4 E. ' W. M. W.M. E'lot Plan A. ; nder corner between Sections 30 i com to a point which bears East to the Paint of Begin -, �ESS the right of way of >wing described tract; U 9 feet West of the 200.6 feet to a 1 et to a fence corner; l69 feet; Thence orthwesterly a- outh 421ol' West �a,4,• ,,. �, !xf t of Beginnings _}'►'y� ri ight of way of aunty, Wash - ,�` ship 38 ��'.t` ^ I rn Pacific` , / ,/� • /"! Iv SV Al. 4 5 eTC 1 r 4 K Ington �vern- M. 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