File #: 22-165    Version: 1
Type: Action Item Status: Passed
In control: City Council
On agenda: 6/13/2022 Final action: 6/13/2022
Title: Real Estate Donation agreement with SFA2, LLC for acceptance of property near the intersection of Pringle Road SE and Hillrose Street SE Ward(s): 3 Councilor(s): Phillips Neighborhood(s): Morningside Result Area(s): Natural Environment Stewardship; Welcoming and Livable Community.
Attachments: 1. Location Map, 2. Agreement
Related files:

TO:                      Mayor and City Council   

THROUGH:                      Kristin Retherford, Interim City Manager   

FROM:                      Norm Wright, Urban Development Department Interim Director 

                                          

SUBJECT:

title

 

Real Estate Donation agreement with SFA2, LLC for acceptance of property near the intersection of Pringle Road SE and Hillrose Street SE     

 

Ward(s): 3    

Councilor(s): Phillips    

Neighborhood(s):  Morningside   

Result Area(s): Natural Environment Stewardship; Welcoming and Livable Community.

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SUMMARY:

summary

 

SFA2, LLC (Sally N. Miller, Manager) (Donor) is donating property (Property) in South Salem (Attachment 1) for use as a natural area.    

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ISSUE:

 

Shall City Council authorize the City Manager to accept the donation of the Property located at the intersection of Pringle Road SE and Hillrose Street SE?   

 

 

RECOMMENDATION:

recommendation

 

Authorize the City Manager to accept the donation of the Property located at the intersection of Pringle Road SE and Hillrose Street SE. 

 

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FACTS AND FINDINGS:

 

Staff and Donor have come to agreement on terms of a donation agreement (Agreement) (Attachment 2).  Key facts of the Agreement are below.

 

Property:                                          Marion County Taxlot 083W110000202

 

Acreage:                                          14.07

 

Closing:                                          within 90 days of execution of Agreement

 

Contingencies:                     environmental review

 

Funding for expenses related to the donation will come from Parks System Development Charges. 

 

BACKGROUND:

 

The Property was created subject to conditions of approval in Fairview Refinement Plan/Partition/Phased Subdivision Case No. FRP-PAR-SUB14-01.  Pursuant to Partition Condition 3 of FRP-PAR-SUB14-01, the developer entered into a Deferral Agreement and Improvement Agreement with the City related to construction of street improvements along Pringle Road SE and Battle Creek Road SE.

 

The provisions of the Deferral Agreement and Improvement Agreement run with the land, so the Donor will have no obligations under the Deferral Agreement or Improvement Agreement for Parcel 2 after the donation is complete. Section 6.1 of the draft Donor Agreement states, “Recipient agrees to assume and pay and, upon Closing, to discharge Donor, and Donor’s members from, all of Donor’s obligations and liabilities under that Construction Deferral Agreement dated April 16, 2015, and recorded April 16, 2015 in Marion County, Oregon, and that Improvement Agreement dated April 13, 2015, and recorded April 16, 2015, in Marion County, Oregon as to Parcel 2.”

 

Subdivision Condition 1b of FRP-PAR-SUB14-01 required the developer of the southerly adjacent property (Parcel 3) to provide a performance security to guarantee construction of street improvement for a portion of the Property’s Battle Creek Road frontage.  Staff anticipates that the performance security required for development of Parcel 3 will be reduced proportionately by the ratio of Battle Creek Road SE frontage.  All City-funded construction costs of Battle Creek Road SE are eligible for expenditure from Fairview Development District funds.

 

The Donor Agreement states that the Recipient agrees to cooperate with Donor in signing a Form 8283, Noncash Contributions, which Donor will file with the Internal Revenue Service.

    

                     Clint Dameron     

                     Real Property Services Manager  

 

Attachments:

1. Location Map

2. Agreement