HomeMy WebLinkAbout21-75
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RESOLUTION NO. df/- 7.)
A RESOLUTION of the City of Port Angeles
authorizing the exchange of and sale of
real property in the Morse Creek water
shed.
WHEREAS, the City owns ten (10) acres of land in
the Morse Creek water shed, and James J. Fraioli and Karin L.
Fraioli, his wife, also own ten acres in said water shed, and
the Fraiolis have offered to exchange their ten acres tract for
the City's, and that it is advantageous from the City's stand-
point to own the Fraioli property because of its location in
connection with the source of the City's water supply in said
water shed; and
WHEREAS, the City has forty acres of land in said
water shed that is surplus and ~t would be advantageous to the
City to sell it, and the Fraiolis have offered to pay $30,000.00
for said forty acre tract, which is a reasonable price therefor;
and
WHEREAS, it is advantageous to the City and in the best
interests of its citizens that said offer be accepted,
NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of
the City of Port Angeles as follows:
1. The City should make an exchange of properties
in the Morse Creek water shed with Mr. and Mrs. Fraioli and
should sell them forty acres of land in said water shed for
$30,000.00 under the conditions and terms set forth in the
proposed Agreement between the parties, a copy of which, marked
Exhibit nAn is attached to this Resolution and made a part
thereof by reference.
2. The Mayor of the City of Port Angeles, and the
Clerk of the City of Port Angeles are authorized and directed to
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enter into said Agreement on behalf of the City cf Port Angeles
and to execute all documents in connection therewith so as to
consummate the sale and exchange as set forth in said Agreement.
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PASSED by the City Council of the City of Port Angeles
and approved by its Mayor
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held on the /6" day of
at a regular meeting of the Council
~~ . 1975.
~zJ~~~
C. Vernon Basom, Mayor
ATTEST:
~I tE, /ltv~
Marian C. Parrish, City Clerk
APPROVED AS
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EXHIBIT "A"
A G R E E MEN T
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THIS AGREEMENT, made and entered into this ' is' day
of July, 1975, between the CITY OF PORT ANGELES, a municipal
corporation, hereinafter referred to as the "City" and JAMES
J. FRAIOLI and KARIN L. FRAIOLI, his wife, hereinafter referred
to as "FRAIOLI", WITNESSETH:
WHEREAS, ,the City's water supply comes from Morse Creek
and both parties own property in the Morse Creek water shed;
and
WHEREAS, Farioli desires to trade ten (10) acres of
his property for ten (10) acres owned by the City" and to
purchase an additional forty (40) acres from the City; and
WHEREAS, the ten acres proposed to be traded by Fraioli
lies immediately North of land recently traded to the City by
Fraioli, and it would be advantageous to the CiWto have this
property because of its location in its water shed; and
WHEREAS, the forty acres that Fraioli desires to pur-
chase 'is surplus insofar as the City is concerned;
NOW, THEREFORE, IN CONSIDERATION of the mutual convenants
'herein contained, the parties agree as follows:
1. The following exchange of properties will be made:
The City will transfer to Fraioli the following described real
property:
The Southeast Quarter of the, Southeast Quarter
of the Northeast Quarter of Section 6, Township
29 North, Range 5 West W.M., Clallam County
Washington.
Fraioli will transfer to the City the following described real
property:
The North ten acres of the South 20 acres of the
following described tract, to' wit: The Northwest
Quarter of the Southeast Quarter and the West
half of the Northeast Quarter of the Southeast
Quarter, all lying in Section 6, Township 29
North, Range 5 West W.M., Clallam County, Wash-
ington.
Fraioli will purchase from the City the following described
real property:
The North half of the South Half of the
Northeast Quarter of Section 6, Township
29 North, Range 5 West W.M., 81allam
County, Washington.
for the sum of THIRTY THOUSAND DOLLARS ($30,OOO.OQ) in cash.
The exchange of properties and the sale of property
agreed to above are subject to the following conditions:
(a) Satisfactory evidence of insurable title in the
City and Fraioli to the property to be transferred by each;
(b) Fraioli shall have the right to reserve an ease-
ment for ingress and egress over and across a forty foot strip
along the existing road over the ten acre tract to be trans-
ferred to the City in the exchange of ten acres tracts pro-
vided above.
(c) Fraioli agrees for themselves, their heirs, assigns
and transferees not to cut any trees on the property transfer-
red to them under this Agreement now or at any time in the
future, excepting in connection with the building of a road
on said property, and one homesite.
(d) Fraioli will not grant any easements or rights-of-
way over the property received by him under this Agreement
without first obtaining the approval of the City, and will not
use the property for any purpose that would adversely affect
the Morse Creek water shed.
(e) In the event Fraioli offers the property received
by it under this Agreement for sale during a period of ten (10)
years from the date of this Agreement the City shall have the
first right of refusal, and the right to meet any offer that
Fraioli has for the purchase of said property.
IN WITNESS WHEREOF, the parties have ~et their hand on
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the day and year above written.
CITY OF PORT ANGELES
By ~.~~~
C. Vernon, Basom, Mayor
By ~~e,~d
Marian C. Parrlsh, Clerk
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a:nes ~ .' raioli.-- :
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Karin L. Fr~ioli
STATE OF WASHINGTON )
) ss
County of Clallam )
On this ~ day of ~~Uj~ , 1975, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared C. Vernon Basom,
and Marian C. Parrish, to me known to be the Mayor and Clerk,
respectively, of the City of Port Angeles, the corporation that
executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said coy-
poration, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute the said instrumen~
and that the seal affixed is the corporate seal of said corporatlv~_
WITNESS my hand and official seal hereto affixed the day
and year first above written.
for th,e 'State.of
at, Pert .t\;..gel.es.
STATE OF WASHINGTON )
) ss
County of Clallam )
On this day personally appeared befor'e me JAMES<J' F'~IPD:t
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and K~RIN L. FRAIOLI, his wife, to me known to be the individuals
described in and who executed the within and foregoing instru-
ment, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this
-ACJ(jLlsf, 1975.
-,$"I
~ day of
Notary Pub
Washington;
State of
Angeles.
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