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HomeMy WebLinkAbout4446 OrdinanceORDINANCE NO. q LA Li (0 AN ORDINANCE of the City of Pasco accepting the donation of real property from the Miller Living Trust for the Capital Avenue Sewer Lift Station Project, as provided for in the Sewer System Extension Agreement dated June 15, 2016 and entered into by the City of Pasco and Miller Living Trust WHEREAS, the Miller Living Trust agreed to donate a 60' x 60' piece of real property as part of the Capital Avenue Sewer Lift Station Project, pursuant to the Sewer Extension Agreement mentioned above; and WHEREAS, the City intends to receive such property as a donation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Pasco, a Washington Municipal Corporation, shall receive by Statutory Warranty Deed from Miller Living Trust the following described real property located in the City of Pasco, Franklin County, Washington: LEGAL DESCRIPTION: 3,632 SQUARE FEET OF LAND LOCATED IN THAT PORTION OF TRACT 1 AS DEPICTED ON THE SURVEY RECORDED IN VOLUME 3 OF SURVEYS, PAGE 137, LYING IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 09 NORTH, RANGE 30 EAST W.M., CITY OF PASCO, RECORDS OF FRANKLIN COUNTY, WASHINGTON. Franklin County Tax Parcel No. Portion of 113-220-071 Section 2. That the donated real property is conveyed to the City as a portion of the Miller Living Trust's contribution to the construction of the Capital Avenue Sewer Lift Station Project as provided for in the Sewer System Extension Agreement entered into by the City of Pasco and Miller Living Trust on June 15, 2016, and with no services or goods provided by the City in return for the contribution. Good faith estimate of the value of the contribution is $15,000. Section 3. Signature Authorized The City Manager of the City of Pasco, Washington, is hereby authorized and directed to accept on behalf of the City the Statutory Warranty Deed in the form attached as Exhibit A to this Ordinance; and to take all other necessary steps required to complete the transfer of this real property. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of July, 2019. Matt Watkins, Mayor ATTEST: -4��A 049j� Angela Pachon, Into n City Clerk APPROV ED AS TO FORM: Kerr uson Law, City Attorney After Recording Mail To: RGW Enterprises, PC 3250 Port of Benton Blvd. Richland, WA 99354 STATUTORY WARRANTY DEED Grantor(s): Paul H. Miller and Leah A. Miller, as co -trustees of The Miller Living Trust Dated February 23, 1993, As Amended. Grantee(s): City of Pasco, a Washington Municipal Corporation Abbreviated Legal: A portion of the NE Quarter of Section 17, Township 09 North, Range 30 East W.M., Franklin County Full Legal: See below Assessor's Tax Parcel Number: Portion of 113-220-071 THE GRANTORS Paul H. Miller and Leah A. Miller, as co -trustees of The Miller Living Trust dated February 23, 1993, As Amended, by donation pursuant to RCW 35.21.100, hereby convey and warrant to Grantee, City of Pasco, a Washington Municipal Corporation the following described real property situated in the County of Franklin, State of Washington, and more particularly described as follows: Description: 3,632 SQUARE FEET OF LAND LOCATED IN THAT PORTION OF TRACT 1 AS DEPICTED ON THE SURVEY RECORDED IN VOLUME 3 OF SURVEYS, PAGE 137, LYING IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 09 NORTH, RANGE 30 EAST W.M., CITY OF PASCO, RECORDS OF FRANKLIN COUNTY, WASHINGTON, MORE FULLY DESCRIBED ON THE ATTACHED EXHIBIT W. Subject to reservations, easements, conditions, covenants, restrictions and exceptions of record. Excepting therefrom all right, title and interest in and to all irrigation water rights appurtenant to the property, including, but not limited to, groundwater right G3-20250, which rights are retained by Grantor_ Further, Grantor hereby quitclaims to Grantee any and all right, title and interest Grantor may have in and to any land lying in the Right -of --Way of any and all streets, alleys, or other ways adjoining the frontage of the described property to the center line of N. Capitol Avenue. Signatures to Follow: fL Dated this ( = __ day of r 2019. The Miller Living Trust, Dated February 23, 1993, As Amended Jg X Paul H. Miller, co -trustee ACKNOWLEDGMENT OF INDIVIDUALS STATE OF WASHINGTON ) :ss County ofr-..��r:.. Leah A. Miller, co -trustee On this t I'-- day of J", 2019, before me, the undersigned, a Notary Public in and forth State of Washington, duly commissioned and sworn, personally appeared Paul H. Miller and Leah A. Miller, being co -trustee's of the The Miller Living Trust dated February 23, 1993, As Amended, and who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Trust, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument on behalf of said Trust Witness my hand and official seal hereto affixed the day and year first above written. " ..,!uurrrri�� Notary Public in and for the State of Washington, NOTAgy @.-� = residing ate. N� p�BUG Name Of Notary Public My appointment expires EXHIBIT A CITY OF PASCO - WASTEWATER LIFT STATION LIFT STATION DESCRIPTION THAT PORTION OF TRACT 1 AS DEPICTED ON THE SURVEY RECORDED IN VOLUME 3 OF SURVEYS, PAGE 137, LYING IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 09 NORTH, RANGE 30 EAST W.M., CITY OF PASCO, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF EAST HILLSBORO ROAD AND NORTH CAPITOL AVENUE THENCE NORTH 00039'11" EAST ALONG THE CENTERLINE OF NORTH CAPITOL AVENUE 150.00 FEET; THENCE NORTH 8920'49" WEST 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID NORTH CAPITOL AVENUE AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT THE RADIUS POINT OF WHICH BEARS NORTH 89020'49" WEST 560.00 FEET THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE 69.82 FEET THROUGH A DELTA ANGLE OF 07008'38" TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 560.00 FOOT RADIUS CURVE AND ALONG SAID RIGHT-OF-WAY LINE 60.03 FEET THROUGH A DELTA ANGLE OF 0608'30"; THENCE SOUTH 80°26'18" WEST 60.00 FEET; THENCE SOUTH 09°3342" EAST 60.00 FEET; THENCE NORTH 80026'18" EAST 60.00 FEET TO THE SAID TRUE POINT OF BEGINNING. 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