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Home My WebLink AboutReg 2019-04-01 Item 4E - Acquisition - King County Tax Title Terms of Sale for 5751 South 130th Place PropertyCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's r view Council review 04/01 9 RS . ITEM NFORMATION ITEM No. 4.E. STAFF SPONSC)R: RICK STILL ORIGINAL AGENDA DA I .: 4/01/19 AGENDA ITEM TITLE King County Tax Title Terms of Sale C.VFEGORY DiJ ex Ron Mtg Date ri Motion Date 4/1/19 E Resolution Mtg Date Ej Oraimance Allg Date 0 BidAward Award Mtg Date Ell Public Hearing Mtg Date E Other Mtg Date Mtg SPONSOR Council Mayor EHR DDCD e LFire ETS EPW ECouii •Fman 0 pe-R ElPolzce SPONSOR'S Acquire King County Tax Title property located at 5751 South 130th Place, Tukwila SUMMARY REVIEWED BY Ei C,O.W. Mtg. Trans &Infrastructure DATE: 3/26/19 I CDN Comm E Finance Comm. 0 Public Safety Comm. 0 Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: QUINN Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Parks & Recreation Department Unanimous Approval; Forward to Regular Mtg. Consent Agenda COST IMPACT / FUND SOURCE ExpENDITuRr, RFQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $3,000 $0 $3,000 Fund Source: PROJECT NUMBER 90330107 Comments: Recommended transfer funds from the Park Improvements,o CIP Page 31 to CIP page 29. MTG. DATE RECORD OF COUNCIL ACTION 4/01/19 MTG. DATE ATTACHMENTS 4/01/19 Informational Memorandum dated 20 19 Location Maps King County Tax Title Terms of Sale Minutes from the Community Development & Neighborhoods Committee 3/26/19 mtg 59 60 44.11LA iv 7,------ 4 City of Tukwila Allan Ekberg, Mayor INFOR AT 0 AL E O-A DU TO: Community Development & Neighborhoods Committee FROM: Rick Still, Parks & Recreation Director CC: Mayor Ekberg DATE: March 20, 2019 SUBJECT: King County Tax Title Terms of Sale ISSUE Acquire property located at 5751 S 130th Place, Tukwila WA 98168 through the King County Tax Title process. BACKGROUND King County Real Estate Services planned to auction sale a small parcel of vacant land along the Green River and across from Foster Golf Links. The property address is 5751 S 130' Place, Tukwila WA 98168. King County staff explained that the price of the land is for: 1) the cost of foreclosure and sale, and 2) to reimburse the appropriate taxing district for the equity of tax owned at the time of foreclosure. There is no "profit" for the County with the sale of this land. DISCUSSION The property under consideration for acquisition is 1,600 square feet in size, has approximately 216 feet of waterfront and is a relatively steep slope (approximately 30% average) from S. 130th to the river. The tree covered parcel provides morning shade to the Green River. There would be minimum annual maintenance work for this site. FINANCIAL IMPACT The Fiscal Impact for this acquisition is $3,000. RECOMMENDATION The Council Committee is being asked to consider this item and forward to the Consent Agenda at the April 1, 2019 Regular Meeting to approve the Mayor to sign the King County Tax Title Terms of Sale. ATTACHMENTS A. Location Maps B. King County Tax Title Terms of Sale 61 62 3309 Foster Golf Links d3500 •13735 *1e44 • 907 King County iMp Attachment A 5711 '1 57a11 6 71% t5711• 0 0.711y %72; • •• , 5711. 57i11 t131,00 3100 5905 413100 `13900 The hbrmatan lndodedon gas map hes barn camptaf tY Map Gamily soft tow* minty ataaureas and to subject ax Mmge wiatout oat**, Kng Cautyms:asnataptesaabans or mewl** aquaas at implied, as boatoscp ca nia**aass, towlines* ae right* to tta u s al stEbhbnnaden. This gaatmanl* ad banded bra** a** survey product. King County Ottawa ba Nab* branyganon*,apaols, iodrtt, inddantal,araaawaw0Yat *maga* b>bdrg, but *Wanted*, b* rawnwa to les0M0N waging *write um of mhos at* inblmslle aanagma an his map. MY seta oihts map ortnformailm an hb map Is prahMibd asaapl by writer yarm*Nan at Kng Cauriy Dale: 412929•12914 • 624� 6230 • t; Kin King coolly 63 King County iMap Th. tnbrmaton Indudad on ells map has bean compiled by King County staff from. vatltly af sambas media sub)ocl to Napa wldloUo notes. Kate Co my makes no rspresantalona orwarrallla a, sap.saa et knpllad, aa a a¢uracy, mmplManr a, tmalNass, or rights to to us. ai such bbimalon. Tnls does/mantis nd Inhndad torus. ass mealy •oduct King County Nall not bo hats. ler any gamma, tops Mal, Indiract Indd.rtal, or tons.ounatoi danup.s IMudng, but not amtad to, lost r.v.nus orbit broth rasuling from the bra or misuto el dt. Wormsiim eoniainf on tam map. My salt attic map or Information on eds maple faahlblhd.seeps by mitten p.rmisslon of Khg County Date!! Nolo!: A King County 64 King County iMap TM Inbtmadon Indented antes map has ben compiled by King County clan from a varldy It :auras and Is sublsel to ohndawlhad netce. Khp County maks s no epawnbdons orwamdln, naples a Impllod, as baccuracy empltlanaas, tmslinaas, ordehb le Ma um d such IntormatIon. This doamnl Is not Inbnded br usa ass surely produtl. King County shad not to Ilob. bronypsnartl, s mold, Mtlimcl Inodartal,or ensadannl damson Ineludno, but noltlmlod to, lost townies or lost groats esutan; Irom IM un ormisuon of Um Inbnnallm ombind on fib map. My salt of the map or tnbrmatin an Oils map b prohlbiwd except by nlsm permission oI Khp Cowl* Da le: Neins: King County 65 66 Attachment B KING COUNTY TAX TITLE TERMS of SALE This is an offer by King County to sell real property under the "Terms" detailed below. By signing these Terms and providing King County with the full Payment of the Purchase Price, the Buyer accepts King County's offer under the following Terms. 1. King County, a political subdivision of the State of Washington (the "Seller") is the owner of that certain real property located at XX S 130th Place King County, State of Washington, the legal description of which is attached hereto as Exhibit A (the "Property"). The Property was the subject of a foreclosure order of the King County Superior Court and the Seller acquired the Real Property in trust for the taxing districts by deed under Recording Number 20140303000511 by virtue of RCW 84.64.200 in tax title status as the result of no qualifying bids being received at a tax foreclosure sale. 2. The City of Tukwila, a municipal corporation (the "Buyer"), accepts Seller's offer and agrees to purchase the Property under these Terms of Sale (the "Terms"). Buyer is advised and agrees that the Terms are not intended as legal advice, and if the Buyer has questions they shall seek the advice of an attorney. 3. In consideration of the conveyance of the Property, Buyer shall, in full payment therefore, pay to Seller a total purchase price of Three -Thousand Dollars ($3,000) (the "Purchase Price"). Buyer shall provide Seller with payment for the full amount of the Purchase Price ("Payment") and a signed copy of the Terms. The agreement to purchase the Property shall be effective as of the date these are received by the Seller. 4. Buyer acknowledges and agrees that the Property is sold "As Is" and "Where Is" without any representations or warranties expressed or implied. 5. By agreeing to these Terms, and providing the Seller with the Payment and a signed copy of the Terms, Buyer enters into a binding contract to purchase the Property and agrees to and is subject to the Terms as a matter of contract. 6. Buyer is required to conduct all due diligence of the Property prior to agreeing to the Terms and accepting Seller's offer. Buyer is to rely solely on their own investigation of the Property and shall not rely on any information provided or to be provided by Seller. Buyer acknowledges and agrees that King County is not liable or bound in any manner by any verbal or written statements, representations, or information pertaining to the Property, or the operation thereof, furnished by any agent, employee, or contractor of King County, any real estate broker, or any other person. 7. Seller has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, contracts or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning, or with respect to the value, nature, quality, or condition of the Property (collectively "Condition of the Property"), including, without limitation; the actual, threatened or alleged King County Tax Title Terms of Sale Tukwila APN: 2172000385 Pagel of 11 67 existence, release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill, migration, escape, disposal or other handling of any Hazardous Substances in, on, under or emanating from or into the Property, and the compliance or noncompliance of or by the Property or its operation with applicable federal, state, county and local laws and regulations, including, without limitation, Environmental Laws and regulations and seismic/building codes, laws and regulations. For purposes of this Agreement, the term "Environmental Law" shall mean: any federal, state or local statute, regulation, code, rule, ordinance, order , judgment, decree, injunction or common law pertaining in any way to the protection of human health, safety, or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9602 et. seq. ("CERCLA"); the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. ("RCRA"); the Washington State Model Toxics Control Act, RCW ch. 70.105D ("MTCA"); the Washington Hazardous Waste Management Act, RCW ch. 70.105; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Washington Water Pollution Control Act, RCW ch. 90.48, and any laws concerning above ground or underground storage tanks. For the purposes of this Agreement, the term "Hazardous Substance" shall mean: any waste, pollutant, contaminant, or other material that now or in the future becomes regulated or defined under any Environmental Law. 8. To the maximum extent permitted by RCW ch. 64.06, Buyer expressly waives the right to receive from King County a seller disclosure statement ("Seller Disclosure Statement"). Nothing in any Seller Disclosure Statement delivered by King County creates a representation or warranty by King County, nor does it create any rights or obligations on any party. 9. By agreeing to the Terms, Buyer approves and accepts the Condition of the Property, and agrees to purchase the Property and accept the Condition of the Property "AS IS, WHERE IS" with all faults and patent or latent defects. Buyer shall have no recourse against King County for, and waives, releases and discharges forever King County from, any and all past, present or future claims or demands, and any and all past, present or future damages, losses, injuries, liabilities, causes of actions (including, without limitation, causes of action in tort) costs and expenses (including, without limitation fines, penalties and judgments, and attorneys' fees) of any and every kind or character, known or unknown (collectively, "Losses"), which the Buyer might have asserted or alleged against King County arising from or in any way related to the Condition of the Property, including without limitation, matters related to Hazardous Substances or Environmental Laws. 10. Seller shall convey to Buyer the title to the Property by Quit Claim Deed in substantially the form attached hereto as EXHIBIT B. In conveying the Property by Quit Claim Deed, Seller makes no title warranties whatsoever and Buyer takes subject to all easements, leases, licenses, conditions, encroachments, restrictions, liens, taxes, assessments, fees, charges and other encumbrances (together "Encumbrances") whether such Encumbrances are of record or not. The Parties acknowledge and intend that any property interests in the Property in favor of the County in effect prior to the acquisition of the Property by the County at the tax foreclosure sale pursuant to RCW 84.64.200 did not merge with the County's tax title ownership of the Property and remain in full force and effect. King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 2 of 11 68 11. The Closing shall occur within fifteen (15) business days of the Seller receiving the signed Terms and the Payment. At the Closing, Seller shall execute the Quit Claim Deed, a Bill of Sale in substantially the form of Exhibit C, and a Certificate of Non -Foreign Status substantially in the form of Exhibit D, shall record the executed Quit Claim Deed, and shall have the original Quit Claim Deed, Bill of Sale and Certificate of Non -Foreign Status mailed to Buyer at the address provided in Section 14 of the Terms. Seller shall not be responsible for payment of any taxes, assessments, fees or other charges related to the Property. 12. Buyer represents and warrants that Buyer has full power and authority to execute the Terms and to perform Buyer's obligations hereunder. 13. The following exhibits described herein and attached hereto are fully incorporated into this Agreement by this reference: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D Legal Description Quit Claim Deed Bill of Sale and Assignment Certificate of Non -Foreign Status 14. Buyer is to provide the below information: City of Tukwila, a municipal corporation Name in which Buyer would like to take title to the Property 6200 Southcenter Blvd Tukwila, WA 98188 Address 206-433-1800 Phone number Rick.Still@TukwilaWA.gov Email King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 3 of 11 69 EXECUTED on the dates set forth below. Buyer: By: Title: Date: (signature) (printed name) King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 4 of 11 70 EXHIBIT A. LEGAL DESCRIPTION TRACT 76, EAST RIVERTON GARDEN TRACTS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, IN KING COUNTY, WASHINGTON, LESS NORTHERN PACIFIC RAILROAD RIGHT OF WAY; ALSO LESS THAT PORTION NORTHWESTERLY OF LINE PARALLEL WITH AND 785.70 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID TRACT MEASURED ALONG THE SOUTHWESTERLY LINE OF RIGHT OF WAY. APN: 217200-0385-03 King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 5 of 11 71 AFTER RECORDING RETURN TO: City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Attn: Rick Still EXHIBIT B. QUIT CLAIM DEED QUIT CLAIM DEED Grantor - - King County, Washington Grantee - - City of Tukwila Legal - - - - PTN TRCT 76 EAST RIVERTON GARDEN TRACTS V. 12 P. 79 Tax Acct. — 217200-0385 The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of the sum of $3,000, conveys and quitclaims to Grantee, city of Tukwila, a municipal corporation, the following real property situated in King County, Washington and described in EXHIBIT A, attached hereto and incorporated herein by this reference including after acquired title. The real property was the subject of a foreclosure order of the King County Superior Court and the Grantor acquired the real property in trust for the taxing districts by virtue of RCW 84.64.200. Grantor holds tax title properties in trust for the taxing districts as provided in RCW 36.35.020. Grantor is conveying the real property to Grantee as provided for in RCW ch. 36.35 GRANTOR KING COUNTY BY: Bryan Hague, Manager Real Estate Services DATE: Approved as to Form: BY: Deputy Prosecuting Attorney King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 6 of 11 72 NOTARY BLOCK FOR KING COUNTY STATE OF WASHINGTON ) ) SS COUNTY OF KING On this day of , 2019, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Bryan Hague, to me known to be the Manager, Real Estate Services Section of the Department of Executive Services, and who executed the foregoing instrument and acknowledged to me that HE was authorized to execute said instrument on behalf of KING COUNTY for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing Printed Name at City and State My appointment expires King County Tax Title Terms of Sale Tukwila APN. 2172000385 Page 7 of 11 73 EXHIBIT A To Quit Claim Deed Legal Description TRACT 76, EAST RIVERTON GARDEN TRACTS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, IN KING COUNTY, WASHINGTON, LESS NORTHERN PACIFIC RAILROAD RIGHT OF WAY; ALSO LESS THAT PORTION NORTHWESTERLY OF LINE PARALLEL WITH AND 785.70 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID TRACT MEASURED ALONG THE SOUTHWESTERLY LINE OF RIGHT OF WAY. APN: 217200-0385-03 King County Tax Title Terms of Sale 74 Tukwila APN: 2172000385 Page 8 of 11 EXHIBIT C. BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE is made as of this day of , 2019, by KING COUNTY, a political subdivision of the State of Washington ("Seller"), in favor of a ("Buyer"). NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant, bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of Seller's right, title and interest in and to any and all equipment, furniture, furnishings, fixtures and other tangible personal property owned by Seller that is attached, appurtenant to or used in connection with the real property legally described on the attached Exhibit A. written. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above SELLER: By: Name: Bryan Hague Title: Manager, Real Estate Services King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 9 of 11 75 EXHIBIT A To Bill of Sale and Assignment Legal Description TRACT 76, EAST RIVERTON GARDEN TRACTS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 79, IN KING COUNTY, WASHINGTON, LESS NORTHERN PACIFIC RAILROAD RIGHT OF WAY; ALSO LESS THAT PORTION NORTHWESTERLY OF LINE PARALLEL WITH AND 785.70 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID TRACT MEASURED ALONG THE SOUTHWESTERLY LINE OF RIGHT OF WAY. APN: 217200-0385-03 King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 10 of 11 76 EXHIBIT D. Seller's Certification of Non -Foreign Status under Foreign Investment in Real Property Tax Act (26 U.S.C. 1445) Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by King County ("Transferor"), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii); 3. Transferor's U.S. employer identification number is 91-6001327; 4. Transferor's office address is King County Facilities Management Division, Real Estate Services Section, Room 800 King County Administration Building, 500 Fourth Avenue, Seattle, WA 98104. Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Transferor. Dated this day of , 2019. King County, Transferor: By: Name: Bryan Hague Title: Manager, Real Estate Services King County Tax Title Terms of Sale Tukwila APN: 2172000385 Page 11 of 11 77 78 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes March 26,2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Staff: Guests: De'Sean Quinn, Chair; Dennis Robertson, Verna Sea David Cline, Jack Pace, Nora Gierloff, Kia Sha Moira Bradshaw, Laurel Humphrey Kara Martin, Food Innovation Network; E Inc.; Rune Harkestad, Augustina Harper CALL TO ORDER: Chair Quinn called the meeting to I. PRESENTATIONS II. BUSINESS AGENDA A. Terms of Sale: 5751 S. 130th Place Staff is seeking Council approval to acquii $3,000 through the King ax Title pr price is for the cost eclosand sale profit to the County. The property slope, provides shade to the ri UNANIMOUS APPROVAL. 4 APDAY". mpot B. Memorandum of Unders 4mw, seeking Counci e Children's The Des approv Center pro occupationa hippotherapy, ries, Federal Wa he Human s resider) ncludes ver, and Stacy Hansen, Rick Still, tural Design Group, 30th Place in the amount of and is>available through auction and the eimbursement for the equity of tax. There is no roximately 216 feet of waterfront on a steep ld require minimal annual maintenance. 2019 REGULAR CONSENT AGENDA. :anding: Children's Therapy Center of a joint Memorandum of Understanding (MOU) agreement he MOU includes the cities of Auburn, Burien, Covington, d Ren n. Tukwila is the lead city and pays a share of $14,512 as vices Advisory Board and City Council. The Children's Therapy the member cities with a variety of services including physical, therapy, oral motor and feeding, social skills, aquatic and nter group, early intervention and parent education. UNANIMOUS APPROVAL. FORWARD TO APRIL 1, 2019 REGULAR CONSENT AGENDA. C. Potential Development Agreement for Proposed Riverton Heights Project Staff is seeking Committee direction on negotiating a Development Agreement with Rune Harkestad for a mixed -use, 6-story building at the northwest corner of Tukwila International Boulevard and South 144th Street. The applicant is seeking flexibility on standards relating to height, recreation space, parking, landscaping and setbacks. The proposed project is an approximately 250x64' building with 43 dwelling units, including 6 studios, 15 1-bedrooms, 16 79