HomeMy WebLinkAboutres2017-049WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2017 -285
CLEARANCES
Initial
Date
Date Received in Council Office
__Agenda Date
Assigned to:
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10/10/17
Council
Originator:
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Introduction
Division Head:
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SEP 19 2017
WHATCOM COUNTY
COUNCIL
10/24/17
Hearing
De pt. Head:
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Prosecutor.,
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oq/16/17
Purchasin i'13ur! t:
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Executive:
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TITLE OF DO NT: Resolution Approving the Sale of a Portion of Surplus Real Property
ATTACHMENTS: 1. Cover Memo
2. Resolution
3. Map of Site
SEPA review required? ( ) Yes (X) NO
Should Clerk schedule a hearing ? ( X )Fes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
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.
j Be clear in explaining the intent of the action.)
Per RCW and Whatcom County Code, the Whatcom County Property Management Committee has
recommended the sale of a portion of Whatcom County real property known as Y Road Landfill, tax parcel
number 380419 214168 0000, subject to the completion of a boundary line adjustment, as surplus property.
The property is approximately 4.624 acres, and is to be sold by sealed bid with the minimum sale price of
$32,368 (thirty two thousand three hundred sixty eight 00 /100 dollars)
COMMITTEE ACTION. •
COUNCIL ACTION.•
10/10/2017: Introduced 7 -0
10/24/2017: Approved 7 -0, Res. 2017 -049
i
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Res. 2017 -049
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.
2 PROPOSED BY: _ _ Public Works_.
3 INTRODUCTION DATE: 10/10/2017
4 RESOLUTION NO. 2017 -049
5 APPROVING THE SALE OF A PORTION OF SURPLUS REAL PROPERTY
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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
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12 WHEREAS, in Whatcom County Code (WCC), Chapter 1. 10, Whatcom County has established
13 those procedures; and
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15 WHEREAS, the Whatcom County Property Management Committee has recommended the sale of
16 a 4.624 acre portion of Whatcom County real property known as Y Road Landfill, tax parcel number
17 380419 214168 0000, subject to the conditions listed in Exhibit B, and subject to the completion of a
18 boundary line adjustment to the highest bidder who could legally purchase the property, by sealed bid, for
19 not less than the appraisal amount as listed below, plus costs; and
20
21 WHEREAS, WCC 1.10.310 authorizes the Council, after receipt of estimated market values from
22 the Property Management Committee, to establish limitations and conditions upon sale of property, such as
23 the minimum price for said property and whether or not a contract will be allowed, or if it will be a cash
24 price; and
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26 WHEREAS, WCC 1.10.310, as well as state law, allows the County to reserve from the sale oil,
27 gas, timber, mineral aggregates and other resources if the Council finds that it is the best interest of the
28 public to reserve these;
29
30 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to sell a
31 4.624 acre portion of the Y Road Landfill, tax parcel number 380419 214168 0000, as depicted on Exhibit
32 A, subject to the conditions listed in Exhibit B, and subject to the completion of a boundary line
33 adjustment to the highest bidder who can legally purchase the property by sealed bid; and
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35 BE IT FURTHER RESOLVED that the minimum bid for the property listed above shall be no less than
36 the appraised value of $32,368.00 (thirty two thousand three hundred sixty eight 00 /100 dollars) and that
37 Buyer will pay all costs associated with the boundary line adjustment and any additional Buyer closing
38 costs normally associated with such a real property transaction; and
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40 BE IT FURTHER RESOLVED that transfer of said real property be by quitclaim deed and that Buyer will
41 represent and warrant in writing to Seller Whatcom County, that Buyer has thoroughly inspected and
42 evaluated the properties for sale, to Buyer's complete satisfaction and Buyer accepts the properties AS IS
43 with full knowledge of potential liability the Buyer could incur for any environmental hazards or
44 conditions affecting the properties. Buyer agrees that the purchase price of the properties reflects the
45 agreed upon value of the properties AS IS, taking into account the aforementioned disclosures; and
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1 BE IT FURTHER RESOLVED that said purchase of said real property shall not be allowed under contract
2 and shall be paid either in cash, certified check or money order to the Whatcom County Treasurer at the
3 completion of the boundary line adjustment process; and
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BE IT FURTHER RESOLVED that the Whatcom County Treasurer being hereby directed to sell said
property at no less than the appraised value of $32,368.00 (thirty two thousand three hundred sixty eight
00 /100 dollars), that said sale shall take place in accordance with the duties as established in WCC
1.10.290 - 1.10.390 and that if the minimum bid is not reached, the properties shall not be sold; and
BE IT FURTHER RESOLVED that the sale will not be completed until Buyer has completed the
boundary line adjustment process and paid all fees and costs associated with it and has paid the Whatcom
County Treasurer the bid award amount.
1' I 1011111
C O v f r ff
AP Q • + +� day,Df, October
ATT �c
Dana ,Brown- Davis, County Clcrk
PROVE '1r►��TO i �1It1Hi:
Chief Civil Deputy Prosecutor
2017
WHATCOM COUNTY COUNCIL
ATCO C 7'4 WASHINGTON
I3a ry uchanan, Council Chair
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Exhibit B
Notice Lange
Subject property is within or near a former landfill site on which a variety of activities may occur that are
not compatible with residential development or other land uses. You may be subject to inconveniences or
discomforts arising from such operations including but not limited to noise, odors, fumes, dust, smoke,
and the operation of machinery. Whatcom County will not consider the continued or future use of the site
to be a nuisance for those inconveniences or discomforts arising from operations, if such operations are
consistent with commonly accepted good management practices and otherwise comply with local, state,
and federal laws.
1 -1910. Flarmless Language
Grantee is purchasing the property on an "as -is with all faults" basis with any and all patent and latent
defects, including those relating to the environmental condition of the property, and is not relying on any
representation or warranties, express or implied, of any kind whatsoever from Grantor as to any matters
concerning the property, including, but not limited to the physical condition of the property; zoning
status; operating history or projections or valuation; compliance by the property with Environmental
Laws (defined below) or other laws, statutes, ordinances, decrees, regulations and other requirements
applicable to the property; the presence of any Hazardous Substances (defined below), wetlands, asbestos,
lead, lead -based paint or other lead- containing structures, area formaldehyde, or other environmentally
sensitive building materials in, on, under, or in proximity to the property; the condition or existence of
any of the above - ground or underground structures or improvements, including tanks and transformers in,
on or under the property; the condition of title to the property, and the leases, easements, permits, orders,
licenses, or other agreements, affecting the Property (collectively, the "Condition of the Property ").
Grantee represents and warrants to Grantor that Grantee has not relied and will not rely on, and Grantor is
not liable for or bound by, any warranties, guaranties, statements, representations or information
pertaining to the property or relating thereto (including specifically, without limitation, property
information packages distributed with respect to the property) made or furnished by Grantor, the manager
of the property, or any real estate broker or agent representing or purporting to represent Grantor, to
whomever made or given, directly or indirectly, orally or in writing. Grantee assumes the risk that
Hazardous Substances or other adverse matters may affect the property that were not revealed by
Grantee's inspection. The term "Environmental Law" means any federal, state or local statute,
regulation, code, rule, ordinance, order, judgment, decree, injunction or common law relating in any way
to human health, occupational safety, natural resources, plant or animal life or the environment, including
without limitation, principles of common law and equity, the Resource Conservation and Recovery Act,
the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances
Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means
any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated
under any Environmental Law, and includes without limitation petroleum oil and any of its fractions.
The covenants and agreements set forth in the paragraphs above, shall be binding upon Grantee and
Grantee's heirs, successors and assigns, and shall be covenants running with the land benefiting Grantor
and its heirs, successors and assigns.