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HomeMy WebLinkAbout2040 OrdinanceORDINANCE NO. 2040
AN ORDINANCE transferring certain real estate to Franklin County upon
certain conditions subsequent with a right of reverter and
an agreement governing the same.
WHEREAS, the City of Pasco owns property and a building; that
such property is not needed for city purposes; that the County of
Franklin desires and is able to see to the establishment of a public
museum on the property; and that the City of Pasco and its citizens
would derive consideration and common benefit by such property being
transferred to Franklin County to be operated as a public museum; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section 1. That the mayor of the City of Pasco is authorized to
execute a quit claim deed to the County of Franklin for the following
described property:
All of Lots 17 and 18, in Block 7 of Gerry's Addition to
the town of Pasco, according to the recorded plats thereof
now on file in the office of the Franklin County Auditor,
State of Washington.
This quit claim deed shall not be effective until the county has secured
the approval of the Superior Court in and for the County of Franklin
pursuant to R.C.W. Chapter 39.33 (Intergovernmental Disposition of
Property) and upon the execution of an agreement between the city and
the county relating to the conditions subsequent contained in said quit
claim deed.
Section 2. The above described real estate is surplus and/or
excess to the future foreseeable needs of the City of Pasco.
Section 3. The City of Pasco and its citizens shall derive
consideration and common benefit by the above described property being
transferred to Franklin County to be operated as a non-profit public
museum.
Section 4. The quit claim deed executed by the mayor on behalf
of the City of Pasco shall provide that in the event the following
conditions are not met the property shall revert to the City of Pasco,
its successors or assigns, in fee simple:
(a) That Franklin County may not transfer the ownership of the
above described real estate to any other governmental entity or any other
party, public or private, except by lease to a non-profit group
responsible for the operation of the property as a public museum. Any
such lease must contain a provision that the lease terminates in the
event this property reverts to the grantor, the City of Pasco, its
successors or assigns.
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(b) Franklin County must hold the property with the intent to
use it as a non-profit public museum, including the existing building,
and must take affirmative steps to accomplish the same within a
reasonable period of time.
(c) The museum shall not have a predominant commercial purpose
associated with its use.
(d) The present tenants or -:their successors or assigns may
occupy the property or a portion thereof as the county permits prior
to the completion of the conversion of the property to use asa non-
profit public museum and that the city shall receive all rents and
profits derived from such occupancy without diminution from their
present amount. Franklin County must give the city written notice of
the date upon which the present tenant, their -'successors or assigns,
no longer has their permission to occupy the building. Franklin County
also accepts the property with knowledge that there presently are
tenants occupying the same.
(e) Franklin County must not permit or allow any waste of the
premises. The existing building on the property must be maintained
as much as practicable in a manner that preserves its historic value.
Its original woodworking and design must be preserved as much as
practicable.
(f) Upo the -city ceasing to receive the current rental income
as mentioned in d)above, Franklin County must maintain insurance or
otherwise have unds available to replace the building in the event of
its damage or destruction.
(g) In the event of the reversion of the property, the City
of Pasco, its successors or assigns, all improvements to the property
and all structures and fixtures shall revert as well.
Section 5. The mayor of the City of Pasco is authorized to
execute an agreement with Franklin County regarding the transfer of the
above-described real estate.
Section 6. This ordinance shall become effective five days after
its passage and publication as required by law; and upon Franklin County
filing written evidence with the clerk for the City of Pasco that the
transfer of this real estate has been approved by the Superior Court
..in and for the County of Franklin pursuant to R.C.W. Chapter 39:33
PASSED by the City Council of the City of Pasco this 5 day
of March , 1979. ,
11-01
Chet:. -Bailie, Mayor
APP OVED AS TO FORM:
Dennis J. D ,Felice, City Attorney
A G R E E M E N T
THIS AGREEMENT entered into this day of
t -gat 6 197 9., •by and between the City of .Pasco, a municipal corporation'.of,`the
State of Washington, and County of Franklin, a municipal corporation of
the State of Washington; in return for the City of Pasco transferring
the following described real estate:
All of Lot 17 and 18, in Block 7 of Gerry's Addition
r to the town of Pasco, according to the recorded plats
thereof .now on file in the office of the Franklin .County
Auditor, State of Washington,
to Franklin County to be operated as anon -profit public museum; NOW,
THEREFORE,
The County -of .Franklin:hereto..agrees as follows:
1. That Franklin County may not transfer the ownership of the
above described real estate to any other governmental entity or any `other:
party, public or private, except by lease to a non-profit group
responsible for the operation of the property as a public museum. Any
such lease must contain a provision that the lease terminates in the
event this property reverts to the grantor, the City of Pasco, its
successors or assigns.
2. Franklin County must. hold the property with the intent to
use it as a non-profit public museum, including the existing building,
and must take affirmative steps,,to accomplish the same within a ;
Y. t
reasonable period of time. a >
3. The museum shall not have a predominant commercial purpose
associated with its use.
4. The present tenants or their successors or assigns may
occupy the property or a portion thereof as the county permits prior to .`
5* the completion of the conversion of the property to use as anon -profit s_
public museum and that the city shall receive all rents and profits
derived from such occupancy without diminution from their .present.
amount.. Franklin County must give the city written notice of the date....
=•`'-'`�`. upon which the present tenant, their successors or assigns,,no longer
has its permission to occupy the building. Franklin County also
accepts the property with knowledge that there presently are tenants
occupying the same.
5. Franklin County must not permit or allow any waste of the
premises. The existing building on the property must be maintained as
much as practicable in a manner that preserves its historic value.,
Its original woodworking and design must be preserved as much as, t_
practicable.
6. Upon the city ceasing to receive the current rental income.
as mentioned in 4 above, Franklin County must maintain insurance or
otherwise have funds available to replace the building in the event
of its damage or destruction.
F
4 �x
The conditions hereto binding upon Franklin County are also
binding upon any successor. x;
a In addition to any other legal remedies the City of:Pasco may
T have, in the event the conditions above are.not fully complied with''
the title to the above described real estate shall revert to and become
the property of the City of Pasco, its successors or assigns in fee
simple. In the event of a reversion, all improvements to the property
and all structures and fixtures thereon shall revert as well.
4IN WITNESS WHEREOF, the agreement hereto .was executed the day "_`-•'
and year first above written.
FRANKLIN COUNTY, WASHINGTON CITY OF PASCO
By: By:
Harold N. Mathews, Commissioner Chet Bailie, Mayor
ATTEST:
By;
s.. James Rogers, Commissioner By, �.
Evelyn Wells, City Clerk
By:
Bruce D. Whitemarsh, Commissioner
STATE OF WASHINGTON)
.ss.
County of Franklin )
On this dayof1979, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Chet Bailie and Evelyn
Wells to me known'to be the Mayor and City Clerk, respectively, of,,,
the City of Pasco, the corporation that executed the foregoing to
instrument, and.acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that they are authorized to
execute the said instrument and that the seal affixed is the corporate
seal of said corporation.
Witness my hand and official seal hereto affixed the day and
year first above written.
STATE OF WASHINGTON)
:ss. Notary Public in and for the State of
County of Franklin ) Washington, residing at
J On this day of 1979, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Harold N. Mathews, James
Rogers, and Bruce D. Whitemarsh, to me -known to be the County
Commissioners for the County of Franklin, State of Washington, the
corporation that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on -oath
stated that they are authorized to execute the said instrument and that..
the seal affixed is the corporate seal of said corporation..
Witness my hand and official seal hereto affixed the day and
year first above written.
Notary Public in and for the State of
Washington, residing at
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IN SUPERIOR COURT, FRANKLIN COUNTY, WASHINGTON
CITY OF PASCO, a municipal corporation, )
and FRANKLIN COUNTY, WASHINGTON, a )
municipal corporation,, )
)
Petitioners. )
No.
DECREE DETERMINING
PROPERTY'TO BE SURPLUS
TO NEEDS OF THE CITY
OF PASCO AND APPROVING
CONVEYANCE TO FRANKLIN
COUNTY
This matter having come on regularly for hearing before
the undersigned, one of the judges of the above -entitled court,
on the petition of the City of Pasco and Franklin County,
municipal corporations organized under the laws of the State of
Washington, by and through their attorneys, Dennis J. De Felice,
City Attorney for Pasco, and George E. Heidlebaugh, Deputy
Prosecuting Attorney for Franklin County, for a decree declaring
the hereinafter described real property to be surplus to the •
future and foreseeable needs of the petitioner City of Pasco,
in order that the property may be conveyed to Franklin County
under certain terms and conditions for the purpose of a head-
quarters for the Franklin County Historical'Society, pursuant to
Ordinance No. 2040 adopted by the Pasco City Council of March
5, 1979, and Resolution No. 79-25 adopted by the Board of Frankli
County Commissioners on March 19, 1979, and pursuant to R.C.W.
39.33.010, and due notice of a hearing on said petition having
been given pursuant to an order of this court entered herein on
A� day of 1979, and the court having received
testimony.of interested persons and being fully advised in the
premises, now, therefore, it is hereby
ORDERED, ADJUDGED AND DECREED that the following.
described property:
All of Lot 17 and 18, in Block 7 of Gerry's Addition
to the Town of Pasco, according to the recorded plats
thereof now on file in the office of the Franklin
County Auditor, State of Washington,
be and it hereby is declared to be surplus to future .foreseeable
needs of the City of Pasco, a municipal corporation, organized
under the laws of the State of Washington, and that pursuant to
to the provisions of R.C.W. 39.33.010, the City of Pasco be and
hereby is granted authority to transfer said property to
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IN SUPERIOR COURT, FRANKLIN COUNTY, WASHINGTON
CITY OF PASCO, a municipal corporation, )
and FRANKLIN COUNTY, WASHINGTON, a )
municipal corporation,, )
)
Petitioners. )
No.
DECREE DETERMINING
PROPERTY'TO BE SURPLUS
TO NEEDS OF THE CITY
OF PASCO AND APPROVING
CONVEYANCE TO FRANKLIN
COUNTY
This matter having come on regularly for hearing before
the undersigned, one of the judges of the above -entitled court,
on the petition of the City of Pasco and Franklin County,
municipal corporations organized under the laws of the State of
Washington, by and through their attorneys, Dennis J. De Felice,
City Attorney for Pasco, and George E. Heidlebaugh, Deputy
Prosecuting Attorney for Franklin County, for a decree declaring
the hereinafter described real property to be surplus to the •
future and foreseeable needs of the petitioner City of Pasco,
in order that the property may be conveyed to Franklin County
under certain terms and conditions for the purpose of a head-
quarters for the Franklin County Historical'Society, pursuant to
Ordinance No. 2040 adopted by the Pasco City Council of March
5, 1979, and Resolution No. 79-25 adopted by the Board of Frankli
County Commissioners on March 19, 1979, and pursuant to R.C.W.
39.33.010, and due notice of a hearing on said petition having
been given pursuant to an order of this court entered herein on
A� day of 1979, and the court having received
testimony.of interested persons and being fully advised in the
premises, now, therefore, it is hereby
ORDERED, ADJUDGED AND DECREED that the following.
described property:
All of Lot 17 and 18, in Block 7 of Gerry's Addition
to the Town of Pasco, according to the recorded plats
thereof now on file in the office of the Franklin
County Auditor, State of Washington,
be and it hereby is declared to be surplus to future .foreseeable
needs of the City of Pasco, a municipal corporation, organized
under the laws of the State of Washington, and that pursuant to
to the provisions of R.C.W. 39.33.010, the City of Pasco be and
hereby is granted authority to transfer said property to
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Franklin.County, a municipal corporation organized under the laws
of the State of Washington, pursuant to the aforementioned
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resolution. '-kday of 1579.
3 Done in open court this
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5 L< ]A
JUDGE U— r r
Presented by:
7 FRANKLIN CO TY,' WASHINGTON
8 B
7 i h
r
–ZG�—eoifg4e E. Heidlebaugh,
Deputy
P ti g
9 Deputy Prosecuting A ney
10 Presented by:
CITY OF PASCO, WASHINGTOm
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By:
12 0'6nnis J. Fd -lice,
Pasco City Attorney
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