Res. 2223 - Purchase of ODOT Property COUNCIL BILL NO. 3234
RESOLUTION NO. 2223
A RESOLUTION AUTHORIZING THE PURCHASE OF OREGON DEPARTMENT OF
TRANSPORTATION (ODOT) OWNED PROPERTY IDENTIFIED AS TAX LOT T5SR2W14-007000
AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE BID FORM AND SALES
AGREEMENT AND ANY AND ALL OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE
PURCHASE.
WHEREAS, in February 2022, City staff contacted ODOT's Property Management
Team regarding the possibility of purchasing a 7.85 acre ODOT owned parcel located
southwest of the end of Stacy Allison Way; and
WHEREAS, the acquisition of the subject property would benefit the City as it has
been deemed suitable for the construction of a water production well and the
southern extension of the storm water facility that runs along the western side of Stacy
Allison Way; and
WHEREAS, ODOT determined that it did not have a continued need for the
property and declared it surplus in October 2022; and
WHEREAS, the City submitted the required Notice of Interest to purchase the
property and initiated the appraisal process; and
WHEREAS, ODOT completed an internal appraisal of the property that resulted
in a $40,000 appraised value;
WHEREAS, the City Council has determined that purchasing the property is in the
best interest of the City; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn executes the Bid Form and Sales
Agreement, a copy of which is affixed hereto as Attachment "A" and by this reference
incorporated herein, along with any and all other documents necessary to effectuate
the purchase of the parcel identified as tax lot T5SR2W 14-00700 for$40,000 from ODOT.
Section 2. That the City Administrator is authorized to sign said agreement on
behalf of the City.
Approved as to form: zz
City Attorney Date
Page 1 - COUNCIL BILL NO. 3234
RESOLUTION NO. 2223
Approved:
Frank Lonergan,#ay'or
Passed by the Council Nove-mVX4-13, 2023
Submitted to the Mayor h I / '' ?,07-5
Approved by the Mayor I
Filed in the Office of the Recorder -70
4-
ATTEST:
Heather Pierson City Recorder
City of Woodburn, Oregon
Page 2- COUNCIL BILL NO. 3234
RESOLUTION NO. 2223
Oregon Department of Transportation Attachment A
BID FORM AND SALES AGREEMENT
Property Location/Address: PM FILE: PM224A-011
as described on Exhibit A (the "Property") ACQ FILES: H1573-20369
Willamette River-Gervais Road Unit,Willamette River-
SECTION: Hayesville Section,Part 3 of 3
❑ PUBLIC AUCTION HIGHWAY: 001-PACIFIC
COUNTY: Marion
MAP NO(s): 7B-20-14
❑ OPEN BID EA: R20369A/003
0 DIRECT SALE
SALE PRICE: ® CASH ❑ CONTRACT
BID TO PURCHASE
BID AMOUNT $40,000.00
EARNEST MONEY DEPOSIT — $
(include check for this amount)
TOTAL BALANCE DUE FOR
PURCHASE PRICE _ $
The Bid Amount indicated above is hereby submitted for the purchase of the Property. Upon written
acceptance of this Bid Form and Sales Agreement by the STATE OF OREGON,by and through its Department
of Transportation,hereinafter referred to as "State," the undersigned as bidder,hereinafter referred to as
"Purchaser," agrees to purchase the Property on the terms and conditions in the "Terms of Sale" set forth
below, with the Bid Amount being the Purchase Price for the Property.
Accompanying this Bid Form and Sales Agreement is an Earnest Money Deposit in the form of a check
payable to the Oregon Department of Transportation, in the amount of the Earnest Money Deposit set forth
above.
THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AT ANY TIME PRIOR TO ITS
WRITTEN ACCEPTANCE OF THIS BID. If the State rejects this bid,it will return the Earnest Money Deposit
to Purchaser, without any accrued interest.
Bid Form and Sales Agreement(6505) Levell' g ftActed Rev 11/02/2017
Oregon Department of Transportation
TERMS OF SALE
Purchaser agrees to purchase the Property from the State on the following terms and conditions:
1. The Purchase Price for the Property is:
$40,000.00 (Bid Amount)
2. Purchasers are submitting an Earnest Money Deposit with this Agreement in the amount of$
IN THE EVENT THE STATE WITHDRAWS SALE OF THE PROPERTY AFTER A BID IS ACCEPTED,
THE EARNEST MONEY DEPOSIT SHALL BE RETURNED TO PURCHASER WITHOUT ANY
ACCRUED INTEREST.
3. Purchaser will purchase the Property on a ® Cash ❑ Contract basis.
CASH PURCHASE
Purchaser will pay the State the balance of the Purchase Price (the Purchase Price less the Earnest Money
Deposit)in the form of a cashier's check payable to the Oregon Department of Transportation, to be paid no
later than 1/5/2024.
The Property will be conveyed by Bargain and Sale Deed. The State will record the Deed only after the full
Purchase Price has been paid and all other conditions of sale have been satisfied.
In the event Purchaser fails to pay the balance of the Purchase Price due in the time specified, all rights of
Purchaser in the Property shall cease and all right, title and interest in said real property shall continue to
remain vested in the State,free of any claim or equity in the undersigned Purchaser or those claiming through
Purchaser, and the State shall retain the Earnest Money Deposit and any interest thereon.
(Purchaser's Initials)
Unless and until the Bargain and Sale Deed is executed,Purchaser acquires no right, title,interest or equity in
or to the Property and may not take possession of the Property.
CONTRACT-CT-PURC14n cam'
State and 12ur-Ehasef shall enter-inta a Land Sale CantfaEt in the State's standafd fE)F+n faf the pufEhaseaf the
intefest undef the Land Sale CantfaEt shall be 0
Unless and until the Land Sale CantfaEt is exeEuted, AAFEhasef aEquifes na fight, title, interest of equity in E)
the 12fapefty and may nat take possession of the 12fapefty.
Bid Form and Sales Agreement(6505) LevOh 94e Acted Rev 11/02/2017
Oregon Department of Transportation
4. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION
DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR
SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES,
AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY,
UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2010. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT
THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS
DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO
VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424,OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
5. The state will convey and Purchaser will acquire the Property AS IS, with all defects,if any. The State
will convey only such right, title and interest in the Property as is now vested in the State. Conveyance will be
by Bargain and Sale Deed in the State's standard form and will be subject to (a) all standard conditions,
restrictions and reservations contained therein, (b) all conditions, restrictions and reservations contained
within the Land Sale Contract, if applicable; and (c) the following conditions:
• Access to PACIFIC Highway is completely restricted.
6. Unless specifically provided for herein,the State will not provide title insurance. If Purchaser wishes
to obtain title insurance or use an escrow agent in connection with the purchase of the Property, Purchaser
may do so at Purchaser's sole expense.
7. Any real property taxes shall be prorated to the date of recording or other date agreed upon by the
State and Purchaser.
[remainder of this page intentionally left blank]
Bid Form and Sales Agreement(6505) LevOh g ltActed Rev 11/02/2017
Oregon Department of Transportation
PURCHASER'S BID SUBMISSION (if applicable) AND ACCEPTANCE OF TERMS OF SALE
(PRINT NAME OF PURCHASER) (PRINT NAME OF ADDITIONAL PURCHASER)
By: By:
(Signature of Purchaser) (Signature of additional purchaser)
Name: Name:
(Print Name of Person Signing) (Print Name of Person Signing)
Title: Title:
(Print Title, if any, of Person Signing) (Print Title, if any, of Person Signing)
Date: Date:
(Print Date) (Print Date)
PURCHASER CONTACT INFORMATION
Mailing Address City, State, ZIP
Phone Number Email Address
DEED INFORMATION
Please print name(s) exactly as it should be printed on Deed
Mailing Address for Tax Statements City, State, ZIP
— — — — — — — — — — — -- — — — — -- — — — — -- — — — — — — — — —
STATE'S ACCEPTANCE OR REJECTION OF BID FORM AND SALES AGREEMENT
❑ STATE Accepts
❑ STATE rejects and submits Counter Offer
❑ STATE rejects
By:
STATE RIGHT OF WAY MANAGER DATE
Bid Form and Sales Agreement(6505) LevOh g 1 kted Rev 11/02/2017
EXHIBIT A- Page 1 of 1 File 20369A
Drawing 713-20-14
10/05/2022
Parcel 1 - TO BE SOLD
A parcel of land lying in the Thomas Roy Donation Land Claim #82, also lying in E1/2 of
Section 14, Township 5 South, Range 2 West of the W.M., in Marion County, Oregon; said
parcel being a portion of that property described in that Warranty Deed to the STATE OF
OREGON, by and through its STATE HIGHWAY COMMISION recorded October 2, 1953
in Volume 455, Page 645 of Marion County Book of Deeds; said parcel being a portion of
said property lying Easterly of a line which is 100 feet Easterly of and parallel with the
center line of the Pacific Highway No. 001 (formerly the Portland — Salem Expressway) as
said highway has been located, which center line is described as follows:
Beginning at Engineer's center line Station 1224+00, said Station being approximately
2251 North and 1372 feet East of the Southwest corner of said Thomas Roy D.L.C. #82;
thence South 37028' West 2100 feet to Engineer's center line Station 1245+00.
Bearing are based upon the 1927 Oregon Coordinate System, north Zone.
This parcel of land contains 7.85 acres, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
BAIERSKI William L*Bill
Digitally Signed Oct 520227:49 AM
OREGON
JANUARY 21, 1992
WILLIAM L. BAIERSKI
2531
RENEWAL DATE 12/31/23