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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. 1WM (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 10 11 12 13 14' 15 .16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3.2 3 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 ..� ,�"K _ .,.-x"* ti�.Ka�.F.- �,'"'Yt. a :,�i,"+....�.,r�•- =r`Y dew '`+o+°..,..;ra�-?�-• _..-�_r4 '"�t�m".'' °=•...•' �.�', ?- ,k,. i ♦ . .. _ ,c � � .. � .. wW '7 ^:yip...' .J -�+�tlIIi� -7�.r�'b:�/;,; �•adt�-�' ..r rQ. �-t- ,S•s.,.��.. .�.'a•M :k: -y.til� 5' '�.•`:� ��5�"` `M �. .,e',.' + Ji"d • "�, 2 3 4 i 5 6 7 8 9 10 11 12 13 14' 15 .16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3.2 3 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 ..� ,�"K _ .,.-x"* ti�.Ka�.F.- �,'"'Yt. a :,�i,"+....�.,r�•- =r`Y dew '`+o+°..,..;ra�-?�-• _..-�_r4 '"�t�m".'' °=•...•' �.�', ?- ,k,. i ♦ . .. _ ,c � � .. � .. wW '7 ^:yip...' .J -�+�tlIIi� -7�.r�'b:�/;,; �•adt�-�' ..r rQ. �-t- ,S•s.,.��.. .�.'a•M :k: -y.til� 5' '�.•`:� ��5�"` `M �. .,e',.' + Ji"d 0 .4 Franklin.County, a municipal corporation organized under the laws of the State of Washington, pursuant to the aforementioned 2 resolution. '-kday of 1579. 3 Done in open court this 4 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 11 By: 12 0'6nnis J. Fd -lice, Pasco City Attorney 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32