HomeMy WebLinkAbout3969 Resolution - Approving the QCD from the Bureau of ReclamationRESOLUTION NO. 3969
A RESOLUTION OF THE CITY OF PASCO APPROVING THE
QUITCLAIM DEED FROM THE UNITED STATES DEPARTMENT OF THE
INTERIOR BUREAU OF RECLAMATION.
WHEREAS, the United States, through the Bureau of Reclamation, Department of the
Interior, acquired land through the County Treasurer's Deed, signed October 1, 1948, and recorded
under Franklin County Auditor's file number 118896, and under Correction County Treasurer's
Deed, signed February 23, 1949, and recorded under Franklin County auditor's file number
121542, located in Section Fourteen (14), Township Nine (9) North, Range Thirty (30) East,
Willamette Meridian, Franklin County, Washington; and
WHEREAS, pursuant to the Columbia Basin Project Act, the Project Manager has
determined the property is no longer needed for Project purposes; and
WHEREAS, it has been determined under authority delegated by the Secretary of the
Interior that the City of Pasco is eligible under the provisions of the Columbia Basin Project Act
to acquire the land described in the attached Quitclaim Deed; and
WHEREAS, the City of Pasco has a need for land to irrigate with wastewater from the
Process Water Resource Facility; and
WHEREAS, the land described in the Quitclaim Deed possesses important qualities
conducive to this purpose; and
WHEREAS, the City of Pasco has purchased the land described in the Quitclaim Deed for
and in consideration of two hundred sixty-four thousand dollars ($264,000.00); and
WHEREAS, the land described in the Quitclaim Deed shall be subject to the terms set
forth in the Real Estate Purchase Agreement, a copy of which is attached hereto as Exhibit B,
dated September 17, 2013, between the City of Pasco and Middleton Six Sons Farms, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute the Quitclaim Deed between the
United States Department of the Interior Bureau of Reclamation, Columbia Basin Project, Ephrata,
Washington, and the City of Pasco, a copy of which is attached hereto and incorporated herein by
reference as Exhibit A; and to take all necessary steps required to accomplish this transaction.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution Approving the Quitclaim
Deed from the Bureau of Reclamation - 1
PASSED by the City Council of the City of Pasco, Washington, this 6th day of July, 2020.
Saul Martinez
Mayor
ATTEST:
i &k—
Debra
Bar iam, CMC
City Clerk
Resolution Approving the Quitclaim
Deed from the Bureau of Reclamation - 2
APPROVED AS TO FORM:
Kerr Fer on Law, PLLC
City torney
RETURN TO:
Bureau of Reclamation
Attn: Julia Sharp (Eph-2417)
32 C Street NW
Ephrata, WA 98823
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Columbia Basin Project
Ephrata, Washington
QUITCLAIM DEED
0(k
Contact No. 16-07-16-1,5643
EFO 18-0028
Parcel No. 113190049
NWIA Section 14, T.9 N., R.30 E., WM.
Franklin County, Washington
THIS QUIT CLAIM DEED made the day of , 2020, pursuant
to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. §391), commonly referred to as The Reclamation
Act, and acts amendatory thereof and supplementary thereto, collectively referred to as the Federal
Reclamation Laws, and specifically the Columbia Basin Project Act of March 10, 1943 (57 Stat. 14; 16
U.S.C. §835) as amended, between THE UNITED STATES OF AMERICA (Grantor), hereinafter
referred to as the United States, acting by and through the Department of the Interior, Bureau of
Reclamation, hereinafter referred to as Reclamation, and City of Pasco (Grantee) 525 N. 3' Avenue
3rd Floor Pasco, WA 99301.
WITNESS, THAT:
WHEREAS, the United States, through the Bureau of Reclamation, Department of the Interior,
acquired land through the County Treasurer's Deed, signed October 1, 1948, and recorded under Franklin
County Auditor's file number 118896, and under Correction County Treasurer's Deed, signed February
23, 1949, and recorded under Franklin County auditor's file number 121542, located in Section Fourteen
(14), Township Nine (9) North, Range Thirty (30) East, Willamette Meridian, Franklin County,
Washington;
WHEREAS, pursuant to the Columbia Basin Project Act, the Project Manager has determined
the property is no longer needed for Project purposes;
WHEREAS, it has been determined under authority delegated by the Secretary of the Interior
that the Grantee is eligible under the provisions of the Columbia Basin Project Act to acquire the land
described in this Quitclaim Deed.
NOW, THEREFORE, the UNITED STATES OF AMERICA, for and in consideration of two
hundred sixty-four thousand dollars ($264,000.00), paid in hand, the receipt of which is hereby
acknowledged, the United States of America, acting by and through the Bureau of Reclamation, within
the provisions of the Federal Reclamation Laws previously cited, and acts amendatory thereof within the
provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended,
and delegations thereunder, does hereby remise, release, and forever quitclaim unto City of Pasco, their
successors and assigns forever, all of the right, title, and interest in and to the property situated in Franklin
County, Washington, to wit:
The NWl/4 of Section Fourteen (14) Township Nine (9) North, Range Thirty (30) East,
Willamette Meridian, Franklin County Washington.
Subject to all Easements, Reservations, and Restrictions of Record.
Containing 160.0 acres, more or less.
As depicted and described on Exhibit A, attached hereto and by this reference made
a part hereof.
THIS QUITCLAIM IS SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS,
RESERVATIONS, EXCEPTIONS, AND OTHER OUTSTANDING RIGHTS:
1. The reservation of a right-of-way for ditches and canals constructed or to be constructed
by the authority of the United States, this reservation being of the same character and
scope as that created with respect to certain public lands by the Act of August 30, 1890
(26 Stat. 391) as amended.
2. Any third -party rights of record including, but not limited to, oil, gas or mineral interests,
rights -of -ways or easements for roads, highways, public utilities, railroads, ditches and
canals, flumes, pipelines, telephone, telegraph, and power transmission lines, created in
favor of the public or public utilities, upon, over, under, and across said property.
3. The rights, if any, that were reserved to the United States, on all or any portion of the said
lands in its original patent or other transfer by the United States.
NOTICE IS HEREBY GIVEN that:
THE INFORMATION CONTAINED IN THIS NOTICE IS REQUIRED UNDER THE
AUTHORITY OF REGULATIONS PROMULGATED UNDER SECTION 120(h) OF THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, LIABILITY, AND COMPENSATION
ACT (CERCLA OR "SUPERFUND"), 42 U.S.C. SECTION 9620(h).
(a) Acting pursuant to the requirements of 40 CFR 373, on June 1, 2017, the United States
performed a hazardous waste survey on the subject lands. The land is being quitclaimed
to City of Pasco in the same condition as existed on the date of said survey and which is
more particularly described in the survey. No remediation by the United States on behalf
of City of Pasco has been made or will be made as none is deemed necessary.
Page 2
16-07-16-L5643
EFO 18-0028
(b) City of Pasco hereby accepts the premises and appurtenances as is, including but not
limited to, accepting responsibility for management, monitoring and any legally required
mitigation measures and/or cleanup associated with any existing improvements.
(c) CERCLA Environmental Covenants and Stipulations:
i. To the extent the United States is determined responsible, the United States
warrants that any response action or corrective action found to be necessary
after the date of the transfer shall be conducted by the United States.
ii. City of Pasco grant the United States access to the property in any
case in which a response action or corrective action is found to be
necessary by the United States after such date at such property, or
such access is necessary to carry out a response action or corrective
action on adjoining property.
IN WITNESS WHEREOF, the United States of America has executed this deed as of the date
first above written.
THE UNITED STATES OF AMERICA
Department of the Interior
By:
Marc Maynard, Field Office Manager
Bureau of Reclamation
32 C Street NW
Ephrata, WA 98823
ACKNOWLEDGEMENTS
STATE OF WASHINGTON )
):ss
COUNTY OF GRANT )
On the day of , 2020, Marc Maynard, personally appeared before me, the
undersigned Notary, to me known to be the official of The United States of America, that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of the United States, and on oath stated that he was authorized to execute said instrument.
WITNESS my hand and official seal on the day of , 2020.
Notary Public
State of Washington
Residing at:
My Commission expires:
Page 3
16-07-16-L5643
EFO 18-0028
Tract# 19157
Contract# 16-07-16-L5643
The NWl/a of Section Fourteen (14) Township Nine (9) North, Range Thirty (30)
East, Willamette Meridian, Franklin County Washington.
Disposal = 160 acres
Page 4
16-07-16-L5643
EFO 18-0028
FILED FOR RECORD AT REQUEST OF:
City of Pasco. Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North "d
Pasco WA 9930 1
FOCI-�fi�r'�
AFN # 1846335 AGREE
06?14/2016 04:08 Piot
6 Page(s) $78.00
Matt Beaton, Auditor
Franklin Co.. WA
P(r4V *11_"AP*41f
Corrected for Re-recording
REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT is entered into this /7
day of September, 2013, by and between the City of Pasco, Washington, a Municipal
Corporation (hereinafter referred to as "City"), and Middleton Six Sons Farms, LLC, a
Washington Limited Liability Company (hereinafter referred to as "Middleton").
WHEREAS, the City and Middleton are potential purchasers competing for the
purchase of certain real property owned by the United States Department of Reclamation
adjacent to the respectively owned properties in Franklin County, Washington, and
WHEREAS, the parties have reached an agreement in regards to the respective
ownership and use of that real property known as "BOR Property" legally described as
the Northwest Quarter of Section 14, Township 9N, Range 30E, W.M., and illustrated as
"BOR 1/4 Section" on Exhibit A, attached hereto and incorporated herein by this
reference.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. City Purchase of BOR Pronerty. The City shall negotiate with the
United States Bureau of Reclamation for the purchase of the BOR Property as generally
described above, and as designated in Exhibit A attached hereto, according to the terms
offered by the United States Bureau of Reclamation and acceptable to the City.
2. Middleton Forbearance. Middleton shall forebear from bidding against
the City, or competing with the City to acquire the BOR Property described above; and
shall permit the City to purchase the BOR Property waiving, and withdrawing any
previous offers or options to purchase the BOR Property.
Real Estate Purchase Agreement - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco. Washington
WHEN RECORDED RETURN TO:
Cite of Pasco
525 North )"'
Pasco WA 99301
REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT is entered into this 11
day of September, 2013, by and between the City of Pasco, Washingnon, a Municipal
Corporation (hereinafter referred to as "City"), and Middleton Six Sons Farms,. LLC, a
Washington Limited Liability Company (hereinafter referred to as "Middleton").
WHEREAS, the City and Middleton are potential purchasers competing for the
purchase of certain real property owned by the United States Department of Reclamation
adjacent to the respectively owned properties in Franklin County, Washington; and
WHEREAS, the parties have reached an agreement in regards to the respective
ownership and use of that real property known as "BOR Property" legally described as
the Northwest Quarter of Section 14, Township 9N, Range 30E, 1',M., and illustrated as
"BOR 1/4 Section" on Exhibit A, attached hereto and incorporated herein by this
reference.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Citv Purchase of BOR Property. The City shall negotiate with the
United States Bureau of Reclamation for the purchase of the BOR Property as generally
described above, and as designated in Exhibit A attached hereto, according to the terms
offered by the United States Bureau of Reclamation and acceptable to the City.
2. Middleton Forbearance. Middleton shall forebear from bidding against
the City, or competing with the City to acquire the BOR Property described above; and
shall permit the City to purchase the BOR Property waiving, and withdrawing any
previous overs or options to purchase the BOR Property.
Real Estate Purchase Agreenient - 1 .s. sc, V�
3. Sale of the South 80 Acres to Middleton. Within one hundred eighty
(180) days ("Closing Date") of purchase from the United States Bureau of Reclamation
of the above-described real property, the City shall sell to Middleton the south half of the
northwest quarter of Section l*; Township 9 North, Range 30 E.W.M., records of sem'
Franklin County, Washington, consisting of approximately eighty (80) acres, more or -M--"_ "
less. The exact description of such property shall be determined by survey as provided
below. The sale price for the south half shall be equal to the per acre price the City paid
to the United States Bureau of Reclamation for the above-described real property as
provided in Section t above. The sale price shall be paid in cash, at closing.
4. Sale of "Corner" Property to Middleton. The City shall in addition to
that property identified in Section 3 above, sell to Middleton, and Middleton shall
purchase the southeast corner of City Circle No. 5 (SE 114 of Section 12) consisting of
approximately five (5) acres. The exact legal description for such parcel shall be
determined by survey as provided below. The sale price for the "Corner" property shall
be at fair market value as established by an independent appraisal h-orn a qualified real
estate appraiser selected by the City, within sixty (60) days of the City's purchase of the
property provided in Section I above. Any dispute regarding the appraised fair market
value of the corner property shall be resolved as provided in Section 1 1 below. The sale
price shall be paid in cash, at closing.
5. Survev and Legal Description. The parties acknowledge that the exact
legal descriptions for the parcels as described above are not available as of the execution
of this Agreement. The City shall, within thirty (30) days of its purchase of the BOR
Property described in Section 1 above; nominate a registered land surveyor to survey the
BOR Property establishing the boundaries of that property to be sold to Middleton, and
the "Corner" property providing corner pins, legal descriptions and a recordable record
survey. The costs for such survey services shall be equally borne between Middleton
and the City, If Middleton objects to the sunveyor designated by the City, within ten
(10) days of its notice, the parties shall immediately meet and confer to determine a
mutually agreeable surveyor. However, if such agreement cannot be reached, the
dispute shall be resolved pursuant to Section l l below The parties authorize the
attachment of the true legal description of the parcels above, as determined by the
surveyor, to this Agreement.
6. Title. The City shall convey by Statutory Warranty Deed that real
property identified in Section 3 and Section 4 above free and clear of any claims, liens,
or encumbrances except the rights, reservations, covenants, conditions and restrictions
presently of record, easements and encroachments of record, or of apparent use. Further,
title is not warranted, nor the condition of the premises warranted, as to its present
condition, use (authorized or unauthorized), nor environmental conditions. Middleton
Real Estate Purchase: Agreement - 2 L.6�
takes the property as is, subject to the terms and conditions of this Agreement, and with
regard to any and all zoning requirements considering its use and occupancy.
7. Contingencies. Middleton's obligations to purchase the property
identified in Section 2 and Section 3 above, is subject to the following contingency:
A. Purchase by the City of the BOR Property as provided in Section
1 above.
8. Closing. This Agreement shall be closed on or before the date of closing
provided in Section 3 above by Benton -Franklin Title Company in Kennewick,
Washington. "Closing" means the date on which all documents are recorded and the sale
proceeds are available for disbursement to the City. Middleton and the City shall deposit
with the closing agent all documents and monies as required to complete this sale in
accordance with this Agreement. Both Middleton and the City agree to cooperate with
one another to close this sale according to the terms and conditions as contained herein
Middleton shall be entitled to possession upon closing.
9. Closing Costs. The City shall assume and pay all closing costs incident
to the purchase of the BOR Property as provided in Section I above. Middleton shall
assume and pay all closing costs incident to the purchase of the real property identified
in Section 2 and Section 3 above. The City and Middleton shall each pay their own
attorney fees and costs incident to the negotiation, preparation of documents, and closing
of this transaction.
The following costs shall be equally divided between the parties:
1 Appraisal costs for the Corner property;
B. Survey costs as required by Section 5 above.-
C.
bove;
C. United States Bureau of Reclamation administrative costs and fees
incident to and above the per acre costs for the land purchased by the City
pursuant to Section 1 above;
D. Cultural survey/report costs incurred by the City incident to the
land purchase identified in Section I above; and
E. Escrow and other closing costs charged by Benton -Franklin "Title
Company that may be in addition to those incident to the purchase of the real
property identified in Section 2 and Section 3 above.
Real Estate Purchase Agrecmcnt - 3
10. Assignment Prohibited. Neither party may assign, transfer or convey
any rights under this Agreement without the other party's prior written consent.
11. Dispute Resolution. For the purpose of this Agreement, time is of the
essence. In the event of a dispute regarding the breach, enforcement or interpretation of
this Agreement, including determination of the fair market price as provided in Section 4
above and the selection of a surveyor as provided in Section 5 above, the parties shall
first meet in a good faith effort to resolve the dispute. In the event the dispute cannot be
resolved by agreement of the parties, said dispute shall be resolved by arbitration
pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial
upon trial de nova, with venue placed in Pasco. Franklin County, Washington. The
substantially prevailing party shall be entitled to its reasonable attorney fees and costs as
additional award and judgment against the other.
12. Superseding Agreement. This Agreement supersedes all prior
negotiations, agreements and communications, written or oral, between the parties with
respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties warrant their authorization to enter into
this Agreement as of its execution on the date indicated above
CITY OF PASCO, WASHINGTON
1
, City Manager
Lave Zabel/
Approved as to Form:
Leland B. Kerr, City Attorney
Real Estate Purchase Agreement - 4
MIDDLETON SIX SONS FARMS,LLC
Bi��iddlet n gi
Middleton, ManaI Member
—
Michael A. Foehlich, Middleton Attorney
T9R30S11
Parcel 113160017
Owner CITY OF PASCO
Parcel 113190049
Owner USA — BUREAU
OF RECLAMATION
Parcel 113190084
Owner MIDDLETON
FAMILY FARM LLC
EXHIBIT A