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Res 1828 - 670 Gatch St COUNCIL BILL NO. 2621 RESOLUTION NO. 1828 A RESOLUTION DECLARING CERTAIN CITY PROPERTY LOCATED AT 670 GATCH STREET TO BE SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO SELL SAID PROPERTY TO HABITAT FOR HUMANITY. WHEREAS, the City Council has previously determined to sell City-owned properties that are considered surplus, to assist with financing the construction of a new community center facility; and WHEREAS, Habitat for Humanity requested the City to sell City-owned property so Habitat for Humanity could build an affordable housing project in Woodburn; and WHEREAS, the City owns property on Gatch street, which due to proximity to the 100 year flood plain and because of significant amounts of fill does not lend itself well to developed uses; and WHEREAS, City staff negotiated a property sale arrangement concerning a portion of the City-owned property on Gatch street; and WHEREAS, a lot line adjustment creating a second, buildable, lot at 670 Gatch Street was completed and recorded; and WHEREAS, Notice of Public Hearing was published on the proposed sale of the property at 670 Gatch Street; and WHEREAS, pursuant to ORS 221.725, the Woodburn City Council conducted a public hearing on April 24, 2006 to hear testimony concerning said sale; and WHEREAS, the Council disclosed the nature of the proposed sale and the general terms thereof, including evidence of the market value of the property; and WHEREAS, the Council considered Habitat for Humanity's offer for the property and determined that it was in the best interest of the City to accept the bid; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Page 1 - Council Bill No. 2621 Resolution No. 1828 Section 1. The property is located at 670 Gatch street, Woodburn, Oregon and is described as follows: Beginning at a point on the East line of Gatch Street at its intersection with the Northerly line of that parcel of land described in Reel 404, Page 64, Deed Records for Marion County, Oregon which point bears South 000 00' 00" West 1224.13 feet and South 780 00' 00" West 208.56 feet and North 000 00' 00" East 13.50 feet and South 760 45' 00" West 188.74 feet from the Northwest corner of the Eli C. Cooley Donation Land Claim and being situated in the Northeast Quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodburn, Marion County, Oregon; thence North 000 27' 00" East along the East line of said Gatch Street, a distance of 60.97 feet; thence North 760 45' 00" East 110.00 feet; thence South 000 27' 00" West 60.97 feet to a point on the Northerly line of said parcel described in Reel 404, Page 64, Deed Records for Marion County, Oregon; thence South 760 45' 00" West along said line, a distance of 110.00 feet to the Point of Beginning Section 2. The Council finds that the property is surplus property and is not needed for public use. Section 3. The Council further finds, based upon the April 24, 2006 City Administrator staff report and the information presented at the public hearing, that $15,000 is a reasonable amount for the City to receive for the property. Section 4. The Council also finds, based on the April 24, 2006 City Administrator report and information presented at the public hearing that it is desirable and appropriate to place the following conditions on its acceptance of the bid and sale of the property to Habitat for Humanity: A. Habitat for Humanity may not sell the property in an undeveloped state, or to make a profit. B. Ownership of the property shall revert to the City if Habitat fails to build a single-family, owner-occupied, self-help home on the site within two years of purchase date. If Habitat fails to build during that period, the City shall return to Habitat only $15,000, and Habitat will pay all costs associated with re- conveying title of the property to the City. C. A Waiver of Remonstrance to the creation of any LID or similar mechanism employed by the City to finance Gatch Street improvements, including curb, gutter, sidewalk or street improvements, and water and sewer line improvements must be executed by Habitat for Humanity and recorded as part of the sales transaction. Page 2 - Council Bill No. 2621 Resolution No. 1828 ... D. Buyer will agree to indemnify City, to the degree allowed by law, from any liability for environmental clean-up on the site. Section 5. The Council authorizes the City Administrator on behalf of the City to accept Habitat for Humanity's offer of $15,000, with the conditions noted in Section 4, and to sell the property to Habitat for Humanity for the sum of $15,000. App April Approved as to form: /?7./}-(/}6 City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor April 26, 2006 April 26, 2006 Filed in the Office of the Recorder Apri 1 26, 2006 ATTEST: .~1~ .' I I CI-C . .-. .. Mary T~ant City Recorder City of Woodburn, Oregon Page 3 - Council Bill No. 2621 Resolution No. 1828 .~