Loading...
Rucker Building Relinquish Real PropertyW Snohomish County Facilities & Fleet AGREEMENT TO RELINQUISH REAL PROPERTY INTEREST THIS AGREEMENT TO RELINQUISH REAL PROPERTY INTEREST (this "Agreement") is made and entered into as of this jW day of January 2023 (the "Effective Date"), by and between the City of Edmonds, a municipal corporation of the State of Washington (the "City"), and Snohomish County, a political subdivision of the State of Washington (the "County"). RECITALS A. As contemplated in a 1990 memorandum of understanding and a 1990 interlocal agreement, both the City and the County contributed funds to the Snohomish Health District (the "District"). Those funds, along with funds from other cities and towns in Snohomish County, were used by the District to acquire real property commonly known as the Rucker Building, located at 3020 Rucker Avenue, Everett, Washington 98201 (the "Rucker Building"). The District acquired the Rucker Building for purposes of delivering public health service as required under chapter 70.05 and 70.46 RCW. B. In 1995, the District amended its Charter at Article VII, Section 2, to provide processes by which: (a) the District would repay the County and each city and town that contributed to the purchase of the Rucker Building in the event that the District sold the Rucker Building, and (b) the County would repay each city and town that contributed to the purchase of the Rucker Building in the event that the County assumed sole responsibility for public health in Snohomish County. C. In 2018, the District entered into a purchase and sale agreement for the sale of the Rucker Building. The District contemplated using the sale proceeds to acquire another, smaller facility with any remaining balance to be used for District purposes consistent with state law. All the cities and towns that contributed to the acquisition of the Rucker Building executed quit claim deeds to the District: (a) for purposes of clearing title and facilitating the sale, and (b) to relinquish any and all interest in the sale proceeds. Ultimately, the sale did not close, and the District remains the fee owner of the Rucker Building. D. Pursuant to District Board of Health Resolution 22-16, dated May 31, 2022, the District voted unanimously to support the County's withdrawal from the District. Pursuant to Motion 22-248, the County Council voted to authorize issuance of a notice of intent to withdraw from the District with a withdrawal date of December 31, 2022, with the intent to form a unified County health department. The District and the County are currently working towards the transition of public health services from the District to the County with an effective date of AGREEMENT TO RELINQUISH REAL PROPERTY INTEREST December 31, 2022. This transition includes the transfer of title in the Rucker Building from the District to the County. E. Beginning January 1, 2023, the County intends to use the Rucker Building for the operation of a County Health Department and delivery of public health services as required by state law. The County has asked all cities and towns that made contributions toward the purchase of the Rucker Building to relinquish any and all interest in the Rucker Building, including proceeds from any future sale, and the City has agreed to the same. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. RELINQUISHMENT OF INTEREST. The City hereby relinquishes, releases and conveys to the County any and all right, title and interest held by the City in the Rucker Building, including, but not limited to, proceeds from any future sale or other right to reimbursement. In order to more fully effectuate its relinquishment of interest, the City shall executed a quitclaim deed in favor of the County in substantially the form attached to this Agreement as Exhibit A. 2. CONTINUATION OF PUBLIC HEALTH SERVICES. The parties agree and acknowledge that the County's operation of a County Health Department in the Rucker Building comprises a public benefit, and further, that this Agreement ensures the uninterrupted and continuous delivery of public health services in Snohomish County to the direct benefit of the City and its residents. The City's decision to relinquish its rights as described in Section 1 above is in consideration for these benefits, for the costs to be incurred by the County upon the creation of a County Health Department and the transition of uninterrupted public health services thereto, and for the County's commitment, in the event the Rucker Building is sold, to use a minimum of $160,071, the amount of the City's original contribution to its purchase, toward the provision of public health services for the City. 3. BINDING EFFECT. This Agreement shall be binding on and inure to the benefit of the County, the City, and their respective successors in interest and assigns. 4. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein, including, but not limited to any memorandum of understanding, interlocal agreement, or District Charter Article Vill, Section 2. Any written or verbal agreements that are not set forth herein or incorporated herein by reference are expressly excluded. AGREEMENT TO RELINQUISH REAL PROPERTY INTEREST 5. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. SNOHOMISH COUNTY, a political subdivision of the State of Washington, Sign:�K; KLEIN Print: _ rnrut;.,c+ I11rP_C'f[►f Date: _ iaZ) Approved as to Form: Deputy Prosecu ' Attorney CITY OF EDMONDS, a municipal corporation of the tie of ashington, Sign: Print: Mike elson, Mayor Date: d L I -L'& l2,0 Z3 Attest/Authenticate: Passey, City Cler Approved as to Form: Office of the City Attorney AGREEMENT TO RELINQUISH REAL PROPERTY INTEREST EXHIBIT A Form of Quit Claim Deed 13(),S51t Le 202304110193 QUITCLAIM DEED Rec: $206.50 4/11/2023 12:54 PM 4 PG SNOHOMISH COUNTY, WA Return Address: Snohomish County Attn: Property Officer 3000 Rockefeller Ave. M/S 404 Everett, WA 98201 Document Title(s) (or transactions contained therein): Quit Claim Deed Reference Number(s) of Related Documents: n/a Grantor(s) (Last name first, then first name and initials): City of Edmonds, a municipal corporation of the State of Washington Grantee(s) (Last name first, then first name and initials): Snohomish County, a political subdivision of the State of Washington Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Section 30 Township 29 Range 5 Quarter NE EVERETT DIV H PLAT OF BLK 720 D- 00 - LOTS 22-23-24-25-26-27-28-29 BLK 720 TGW TH PTN LOT 21 BLK 720 SD PLAT DAF BEG NW COR SD LOT 21 TH S00*00 07E ALGWLY LN THOF 0.37FT TH S89*47 16E 91.39FT TO N LN SD LOT 21 TH N89*58 55W ALG SD N LN 91.38FT TO POB EXC TH PTN LOT 22 BLK 720 SD PLAT DAF BEG SE COR SD LOT 22 TH N00*00 OOW ALG ELY LN THOF 0.11 FT THS89*47 16W 28.50FT TO S LN SD LOT 22 TH S89*58 55E ALG SD LN 28.50FT TO TPB PER BDY LN AGRMNT REC AFN 201811070134 & SURV REC AFN 201811075001 Situate in the County of Snohomish, State of Washin on Assessor's Property Tax Parcel/Account Number 004375-720-022-00 QUIT CLAIM DEED Grantor, City of Edmonds, a municipal corporation of the State of Washington, for and in consideration of ten and 00/100s dollars ($10.00) and other good and valuable consideration, including the commitments made in the Agreement to Relinquish Real Property Interest, dated January lk_, 2023, in hand paid, conveys and quitclaims to Snohomish County, a political subdivision of the State of Washington, that certain real property situated in the County of Snohomish, State of Washington, that is more particularly described on Schedule I attached hereto. DATED: TArgUA-9J4 26 , 2023 Grantor: C TY OF Mi elson, Mayor STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) On this _%4 day of January 2023, before me personally appeared Mike Nelson, to me known to be the Mayor of the City of Edmonds, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer or member of the municipal corporation, and that he was authorized to execute said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal the day and year last above written. Notary Seal NIC/1O y .o� 10 r'•• ........... oa:6' ••' q 'y/TON n a 0000 Signatu Notary (print name) MI CKoLA5 FALK- Notary Public in and for the State of Washington, residing at E:D Mot tDS My commission expires 4 - 2q,-24v2(o Schedule 1 to Quit Claim Deed Assessor's Tax Parcel No.: 004375-720-022-00 Lots 22, 23, 24, 25, 26, 27, 28 and 29, Block 720, Plat of Everett, Division "H," according to the Plat thereof recorded in Volume 4 of Plats, page 50, records of Snohomish County, Washington. Together with that portion of Lot 21, Block 720, Plat of Everett Division "H," according to the Plat thereof recorded in Volume 4 of Plats, page 50, records of Snohomish County, Washington, described as follows: Beginning at the Northwest corner of said Lot 21; thence South 00°00'07" East along the Westerly line thereof a distance of 0.37 feet; thence North 89'47' 16" East a distance of 91.39 feet to the North line of said Lot 21; thence North 89°58'55" West along said North line a distance of 91.38 feet to the true point of beginning; Except that portion of Lot 22, Block 720, Plat of Everett Division "H," according to the Plat thereof recorded in Volume 4 of Plats, page 50, records of Snohomish County, Washington, described as follows: Beginning at the Southeast corner of said Lot 22; thence North 00°00'00" West along the Easterly line thereof a distance of 0.11 feet; thence South 89'47' 16" West a distance of 28.50 feet to the South line of said Lot 22; thence South 89°58'55" East along said line a distance of 28.50 feet to the Point of Beginning. Situate in the County of Snohomish, State of Washington