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HomeMy WebLinkAboutResolution 05-312-CCBOARD OF COUNTY COMMISSIONERS GENT cote Grant County, Washington IN THE MATTER OF TRANSFERRING RESOLUTION NO. 2005-3/1,CC JURISDICTION OF PARCEL NO. 04-0008-000, LOTS 1 THRU 7, BLOCK 2 OF QUINCY JURISDICTION TRANSFER ORIGINAL PLAT (QUINCY SHOP SITE) WHEREAS, in accordance with RCW 39 33.010, Grant County, a political subdivision of the State of Washington, acting through its Board of County Commissioners, recognizes the benefit of transferring jurisdiction of Parcel No 04-0008-000 as described below and declares its intention to transfer title to real property to the City of Quincy, a municipal corporation of the State of Washington, and Grant County Assessor's Parcel No. 04-0008-000 commonly known as the Grant County Road District III Shop in Quincy as described as: Lots 1, 2, 3, 4, 5, 6, and 7 of Block 2 of the Quincy Original Plat depicted on Attachment A WHEREAS, Grant County Public Works and the City of Quincy have negotiated and agreed upon the following terms and conditions: 1) The City of Quincy agrees to purchase the property in the As Is condition once vacated by the Road District III Crew for $225,000.00. 2) Grant County agrees to accept the amount offered of $225,000.00 lump sum payment. 3) The City of Quincy shall make payment to the Grant County Public Works Department, 124 Enterprise St , SE, Ephrata, WA 98823. City of Quincy shall take possession of premises upon confirmed deposit of funds in the Account of the County Road Fund. 4) The City of Quincy shall immediately complete Transfer of Ownership paperwork required by the WSDOE for the underground fuel tank system. 5) Grant County shall supply City of Quincy with a copy of all the latest inspection documentation and general information on the UST System in its files. WHEREAS, the County Engineer recommends thejurisdictional transfer proceed m accord with the terms and conditions noted above, and NOW, THEREFORE BE IT RESOLVED, that the Grant County Board of County Commissioners and the City of Quincy, acting through its Mayor, agree to the terms of this Jurisdictional transfer, and BE IT FURTHER RESOLVED, this resolution shall become effective of gip(/ . /, 2005. Approved by Grant County this - day of o Jt 2005. T BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Yea Nay Abstain V ❑ ❑ 4 c L -z LeRoy Allison, Chau' TTEST: (P/ ❑ ❑'� ly De Moore, William J. VameyV� ❑ ❑ Auditor Approved by the City of Quincy this Day ATTEST; City Clerk Stevens, Member = 2005.\. The,Ciof Quincy Dic Zimbc Mayor Grant County Web Maps - Parcel Information 41849000 200831000 I 200831001 I} 41847000 41848000 C " DIVISION ST 40 0 40 18100 40 080 0 U' 40 17 Q 40 2/ 0 40 200 0 Quincy m 40 190 0 r 0 40 13 00 y 40 12 00 40 15 0 40( m 40 110 0 40 140 0 in 4 26 00 40 290 0 40 100 0 40 0 ` 40 27 0 40 240 0 40 280 0 11 6 yT sri 7- 40422 0 p b a m 40 430 0 s 40 32 00 4 45 0 40 35 00 40 31 0 40 46 0 40 A 0 40 340 0 40 37 0 40 330 0 40 60 0 0 48 00 40 50 0 40 47 40 490 0 4 40 0 40 420 0 40 410 0 40420000 40 38 0 C S; sill 00 9 0 01 0 Page 1 of 1 T I A # Grant County 35 C St ! PO Box 37 Ephrata, WA 98823 (509)754-2011 Legend Roam paimeee 'Hydro Ceres Couray B0 -clary Fire Port 1 Park Library L Cemetery 1 Mosquito Appraised Value $257,375 Tax Value $257,375 Levy 1481053 Sdue 00000128 DIVISION ST Y Coord 694791 5971 Hospital 2 Tax Amount $000 DISCLAIMBR These maps should not be construed as legal advice or legal opinion on any specific facts or circumstances The comenls are intended for general information purposes only, and you are urged to consult your own lawyer concerning your own siWanoa and any specific questions you may have Infrastructure records, drawings, and other documents have been gathered over many decades using differing standards for quality curvet, documentation and verification All of die data provided represents current monism on in a reaArly available format While the data is generally bebesed bo be accurate, occdsronall} it proves to be mroirect, /has its accura,,y is not warranted Prior to making any property purchases or investments based in full or in part upon die material provided it is specifically advised that you independently field verify the information contained in county records This page was generated on off 3/2005 httDI/eisweb/parcel print.asp?PIN=40008000 6/13/2005 SITE INFORMATION Parcel 40008000 Reval 7 Zoning LOTS 1 TO 7 BLK 2,QUINCY Legal ORIGINAL,(QUINCY SHOP),50X140 Year Built 0000 Comp Plan EACH Imp Acres 000 Sq Ft 00000 Shoreline Utmp Acres 0 i1 Rms 00 Sensitive Land Value $85,750 Y BdRms 00 Cntical Imp Value $171,625 N BthRms F-0 H-0 Land Use GOVERNMENTAL SERVICES Quality Tax Status County Owner GRANT COUNTY PUBLIC WORKS Assoc MH 0 Taxcode 0023 Address 124 ENTERPRISE ST BE T/R/S 202407 City/County Quincy EPHRATA WA 98823 X Coord 1600191 776 School Quincy School District (144) Legend Roam paimeee 'Hydro Ceres Couray B0 -clary Fire Port 1 Park Library L Cemetery 1 Mosquito Appraised Value $257,375 Tax Value $257,375 Levy 1481053 Sdue 00000128 DIVISION ST Y Coord 694791 5971 Hospital 2 Tax Amount $000 DISCLAIMBR These maps should not be construed as legal advice or legal opinion on any specific facts or circumstances The comenls are intended for general information purposes only, and you are urged to consult your own lawyer concerning your own siWanoa and any specific questions you may have Infrastructure records, drawings, and other documents have been gathered over many decades using differing standards for quality curvet, documentation and verification All of die data provided represents current monism on in a reaArly available format While the data is generally bebesed bo be accurate, occdsronall} it proves to be mroirect, /has its accura,,y is not warranted Prior to making any property purchases or investments based in full or in part upon die material provided it is specifically advised that you independently field verify the information contained in county records This page was generated on off 3/2005 httDI/eisweb/parcel print.asp?PIN=40008000 6/13/2005 RESOLUTION 05-114 A RESOLUTION OF THE CITY OF QUINCY AUTHORIZING THE MAYOR TO EXECUTE GRANT COUNTY RESOLUTION NO. 2005 -CC JURISDICTION G�7S'a 97 -CG TRANSFER OF PARCEL NO. 04-0008-000, LOTS 1 THROUGH 7, BLOCK 2 OF QUINCY ORIGINAL PLAT WHEREAS, in accordance with RCW 39.33.010, Grant County, a political subdivision of the State of Washington, acting through its Board of County Commissioners, recognizes the benefit of transferring jurisdiction of Parcel No. 04-0008-000 as described below and declares its intention to transfer title to real property to the City of Quincy, a municipal corporation o the State of Washington; and Grant County Assessor's Parcel No. 04-0008-000 commonly known as the Grant County Road District III shop in Quincy as described as Lots 1, 2, 3, 4, 5, 6 and 7 of Block 2 of the Quincy Original Plat depicted on Attachment A. WHEREAS, the City of Quincy and Grant County Public Works have negotiated and agreed upon the following terms and conditions: 1. The City of Quincy agrees to purchase the property in the As Is condition once vacated by the Road District III Crew for $225,000.00 2. Grant County agrees to accept the amount offered of $225,000.00 lump sum payment. The City of Quincy shall make payment to the Grant County Public Works Department, 124 Enterprise St., SE, Ephrata, WA 98823. City of Quincy shall take possession of premises upon adoption of resolution and funds will be deposited in the Account of the County Road Fund before December 31, 2005. 4. The City of Quincy shall immediately complete Transfer of Ownership paperwork required by the W SDOE for the underground fuel tank system. Grant County shall supply City of Quincy with a copy of all the latest inspection documentation and general information on the UST System in its files. WHEREAS, the City Staff recommends the jurisdictional transfer proceed in accord with the terms and conditions noted above, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF QUINCY AND THE GRANT COUNTY BOARD OF COUNTY COMMISSIONERS AGREE TO THE TERMS OF THIS JURISDICTIONAL TRANSFER. Adopted by the City Council of the City of Quincy this 20th day of September 2005. CITY OF QUINCY DICK ZIM AN, MAYOR Resolution 05-114 Page 1 oft ATTEST: SUE J MILLER, CITY CLERK APPROVED AS TO FORM: o ALLAN GALBRAITH, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: EFFECTIVE DATE September 20, 2005 September 20, 2005 September 20, 2005 Resolution 05-114 Page 2 of 2 November 7, 2005 Mr. Tim Snead City Administrator City of Quincy 104 B Street SW P O Box 338 Quincy, WA 98848 Grant County Department of Public Works 124 Enterprise St. S.E. Ephrata WA 98823 RE: Jurisdiction Transfer - Old Quincy Road Shop Dear Tim: Serial No 05-570 Here are the two originals back. Please have your city clerk and Mayor Zimbelman re -date and initial in the appropriate place now that we have had our required Public Heanng Sony for the delay. Then send the ongmals back to me and I will take them before the Board of County Commissioners for signature. Sincerely, DEPARTMENT OF PUBLIC WORKS Com--=K0gz Derek Pohle, PE Director of Public Works/ County Road Engineer DP:lms enclosure NOV - g 2005 "PROVIDING THE PUBLIC SAFE, RELIABLE, RESOURCE EFFECTIVE LOCAL GOVERNMENT SERWCES WITH INTEGRITY." Information (509) 754-6082 Bob Bersanh, Construction Engineer Ext 503 Dean Carroll, Supervisor -Dist No 1 (509) 7546586 FAX (509) 754-6087 Greg Cardwell, Office Engineer Ext 117 Dennis Collier, Supervisor -Dist No 2 (509) 765-4172 e-mail publicworks@co grant wit us Fran Woods, Accountant Ext 105 John Bnssey Supervisor -Dist No 3 (509) 787-2321 Derek Pohle, P E , Director/County Engineer Ext 504 Vic Levesque, Foreman -Sign Shop (509) 754-6085 Danell Doolittle. SupervisorCentralShop(509) 754-6086 Dave Heilman, Assistant Director Ext 502 Janice Goeden, Solid Waste (509) 754-4319 Jerome Wawers, Bridge Supervisor (509) 7546082 JOHN KNODELL Pf.wW,,9 AH.mW STEPHEN HALLSTROM Chiel Deputy CATHLEEN NEILS Admmistra M. Asaistanf Deputies CAROLE L HIGHLAND STEVE SCOTT ALSERTH LIN EDWARD OWENS TEDDY CHOW LYLIANEJ SHEETZ TERESA CHEN ERICH LEESER CAROLYN J FAIR OFFICE OF GRANT COUNTY PROSECUTING ATTORNEY October 10, 2005 P O BOX 37 • EPHRATA, WASHINGTON 98823 (509) 754-2011, Ext 450 • Fax (509) 754-3449 PRIVILEGED AND CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION ATTORNEY WORK PRODUCT Board of County Commissioners Grant County Courthouse Ephrata WA 98823-0037 Hand Delivered RE: Legal Opinion — City of Quincy Transfer Of Parcel Resolutions Dear Commissioners: Our office has been requested to review and provide an opinion on two resolutions sent to the Board of County Commissioners (BOCC) from the City of Quincy (City) for consideration and action. The resolutions are intended to transfer Grant County (County) real property with improvements, i. e , the shop for Road District 3, to the City The first, Resolution No. 05-114, is a resolution passed and adopted by the City, authorizing its Mayor to execute Grant County Resolution No 2005 (jurisdiction transfer of Parcel No 04-0008-000, Lots I through 7, Block 2 of Quincy Original Plat). The second, is a proposed County resolution, entitled Jurisdiction Transfer, for the above - referenced property. This resolution does not contain a valid Grant County resolution number and, contains an attachment with "dated" information, although it apparently has been "approved" by the City We have not been advised as to the process followed by the County to transfer the subject real property to date However, based on the information contained in copies of the aforementioned resolutions, it is our judgment that the transfer process to date has not followed applicable statutory authority. It is our opinion that the County is required to hold a public hearing prior to the disposal of surplus property with a value in excess of Fifty and No/100 Dollars ($50,000.00), to another governmental unit. We recommend that the Board of County Commissioners (BOCC) declare the subject real property surplus, based, in part, on a recommendation from the Public Works Department (PWD). The County and the City should enter into a separate d_ t sr I — agreeing to transfer the subject property, containing the terms an ,conditions of `said 1I transfer, with critical dates, etc The County should then, at the appropriate time, execute OCT 10 2005 f Board of County Commissioners October 10, 2005 Page - 2 some form of deed, e.g„ Quit Claim, in order to have a stand alone document filed in the Auditor's Office, for record of title, The proposed two resolution process would not be "picked up" by the title companies. Apparently, the City and the County intended to transfer the subject real property pursuant to the Intergovernmental Disposition Of Property chapter of the Revised Code of Washington (RCW). This chapter requires that the County hold a public hearing prior to the transfer. The County is also required to publish public notice and issue a news release pertaining to the hearing, both of which must describe the proposed use of the real property involved. See, RCW 39.33.020. Transfers completed contrary to this provision are subject to being declared invalid by a tribunal with jurisdiction. RCW 43.09.210 requires that governments pay full and true value for transfers of property or services, except where the RCW's otherwise provide. RCW 39.33.010 provides that governments are free to negotiate the terms of an intergovernmental transfer, while still honoring the "full value" statutory requirement. In the instant case, the appraised value of the real property and improvements used in Attachment A was Two Hundred, Fifty -Seven Thousand, Three Hundred, Seventy Five and No/100 Dollars ($257,375.00). However, the County has revalued the real property and improvements at Two Hundred Ninety -One Thousand, Eight Hundred and No/100 Dollars ($291,800.00). The difference in the appraised value of the real property and improvements and, the amount "accepted" by the County, is significant. It is our opinion that the County has some flexibility in negotiating "full value", depending on the nature of the property transferred and other circumstances of the transaction. The BOCC needs to make a policy decision to establish the value of the property transferred and, perhaps, justifying the disparity between the value of the property in County records and, the amount accepted for the transfer from the City. Input from the PWD would, of course, be appropriate We believe that this finding should be in the BOCC's resolution declaring the property surplus. Byway of summary, the public hearing requirement contained in chapter 39 33 RCW for the disposal of the County's surplus real property (with improvements) with a value in excess of Fifty and No/100 Dollars ($50,000.00) must be followed or, the transfer is subject to a declaration of invalidity by a court. The State Auditor's Office might also enter a finding against the County for violation of the RCW The County must also receive full and fair value for the subject real property transferred to the City. Feel free to contact our office if you have any questions. 1 Board of County Commissioners October 10, 2005 Page - 3 Sincerely, JOHN KNODELL Prosecuting Attorney Stephen J"I allstrom Chief Deputy Prosecuting Attorney SJH.jms Enc. November 16, 2005 Tim Snead, City Administrator City of Quincy PO Box 338 Quincy, WA 98848 Re: Jurisdiction Transfer — Resolution 05-114 Dear Tim: GRANT COUNTY OFFICE OF THE BOARD OF COUNTY COMMISSIONERS P ❑ Box 37 EPHRATA WA 9BB23 (509) 754-2011 Please find enclosed a fully signed Resolution 05-114 for the City of Quincy authorizing the Mayor to execute Grant County Resolution No. 2005 -397 -CC Jurisdiction transfer. Should you have any questions, please do not hesitate to contact our office at 509-754-2011 extension 428. Sincerely, BOARD OF COUNTY COMMISSIONERS ra J. Vasg/= of the Board /bjv Cc: Derek Pohle, PE, Director/County Engineer, Public Works Department RICHARD STEVENS LEROY ALLISON DEBORAH MOORE DISTRICT 1 DISTRICT 2 DISTRICT 3 '-PROVIDING THE PUBLIC SAFE, RELIABLE, RESOURCE EFFECTIVE LOCAL GOVERNMENT SERVICES WITH INTEGRITY.'